Legal Opinion

BERKLEY INTERN. CO., LTD. v. Devine

Supreme Court of Iowa

Decided May 11, 1988No. 86-1361PublishedCited by 2 opinions

1Opinion of the Court

SCHULTZ, Justice.

The dispositive issue in this case is whether a district court ruling denying a joint application to continue an action beyond the automatic dismissal date of Iowa Rule of Civil Procedure 215.1 (dismissal for want of prosecution) precludes the granting of an application to reinstate the dismissed action. In ruling on defendant’s motion to reinstate his counterclaims under the rule, the district court reinstated the entire action including plaintiffs’ claims even though plaintiffs had not made a timely request for reinstatement. Because we hold that the doctrine of issue…

2Cases cited9 opinions

  1. Hunter v. City of Des MoinesSupreme Court of Iowa · 1981
  2. Israel v. Farmers Mutual Insurance Ass'n of IowaSupreme Court of Iowa · 1983
  3. Aid Insurance Co. (Mutual) v. ChrestSupreme Court of Iowa · 1983
  4. BERKLEY INTERN. CO., LTD. v. DevineSupreme Court of Iowa · 1980
  5. Bloom v. SteeveSupreme Court of Iowa · 1969

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3Cited by2 opinions

  1. Sanchez v. KiltsCourt of Appeals of Iowa · 1990
  2. Tiffany v. Brenton State Bank of JeffersonCourt of Appeals of Iowa · 1993

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