Legal Opinion

Psotka v. Brockney

Supreme Court of Iowa

Decided December 21, 1977No. 59215PublishedCited by 6 opinions

1Opinion of the Court

HARRIS, Justice.

More than six months after this suit had been dismissed under rule 215.1, Rules of Civil Procedure, the trial court ordered its reinstatement. We reverse.

On January 12, 1971 plaintiff brought this tort action claiming defendant’s negligence caused an automobile accident. Defendant answered and filed a counterclaim. Issues were joined before November 9,1971 when defendant moved for a continuance because he had entered the armed forces.

By August of 1974 the case was subject to a “try or dismiss” notice under rule 215.1, R.C.P. Rule 215.1 requires court clerks to notify the…

2Cases cited2 opinions

  1. Wharff v. Iowa Methodist HospitalSupreme Court of Iowa · 1974
  2. Baty v. City of West Des MoinesSupreme Court of Iowa · 1966

3Cited by6 opinions

  1. Brown v. Iowa District Court for Polk CountySupreme Court of Iowa · 1978
  2. Werkmeister v. KronebergerSupreme Court of Iowa · 1978
  3. Gold Crown Properties, Inc. v. Iowa District Court for Pottawattamie CountySupreme Court of Iowa · 1985
  4. Koss v. City of Cedar RapidsSupreme Court of Iowa · 1981
  5. Walker v. StateSupreme Court of Iowa · 1997

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