Peters v. Waters Instruments, Inc.

Plaintiff appeals from an order of the district court, and from the judgment entered thereon, dismissing with prejudice his action for damages arising out of his former employment by defendant. Defendant’s motion to dismiss was brought, on two grounds: (1) Failure to prosecute, pursuant to Rule 41.02(1), Rules of Civil Procedure; and (2) insufficiency of service of process, pursuant to Rule 12.02(4), Rules of Civil Procedure. The trial court’s original order of dismissal referred only to a dismissal “for lack of prosecution.” A second order denying plaintiff’s motion to vacate the first order…