Legal Opinion

O'BRIEN v. Mullapudi

Supreme Court of Iowa

Decided May 13, 1987No. 85-1186PublishedCited by 9 opinions

1Opinion of the Court

McGIVERIN, Justice.

The question in this case is whether the district court erred in refusing to reinstate plaintiffs’ lawsuit after it was dismissed for want of prosecution under Iowa Rule of Civil Procedure 215.1. Our court of appeals reversed the district court, holding reinstatement was mandatory under the circumstances of this case. We disagree and vacate the decision of the court of appeals and affirm the order of the district court.

I. Background facts and proceedings. This is a medical malpractice action filed by plaintiffs Timothy and Janet O’Brien against two doctors who treated…

2Cases cited10 opinions

  1. Rath v. SholtySupreme Court of Iowa · 1972
  2. Doland v. Boone CountySupreme Court of Iowa · 1985
  3. Brown v. Iowa District Court for Polk CountySupreme Court of Iowa · 1978
  4. Wharff v. Iowa Methodist HospitalSupreme Court of Iowa · 1974
  5. Williamson v. CaseySupreme Court of Iowa · 1974

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3Cited by9 opinions

  1. Duder v. ShanksSupreme Court of Iowa · 2004
  2. Burgess v. Great Plains Bag Corp.Supreme Court of Iowa · 1987
  3. Ray v. Merle Hay Mall, Inc.Court of Appeals of Iowa · 2000
  4. Tiffany v. Brenton State Bank of JeffersonCourt of Appeals of Iowa · 1993
  5. BERKLEY INTERN. CO., LTD. v. DevineSupreme Court of Iowa · 1988

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