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RHINER v. ARENDS

No. 63590.

292 N.W.2d 399 (1980)

Richard RHINER, Jr., Appellee, v. Marian Irene ARENDS, Appellant.

Supreme Court of Iowa.

May 21, 1980.

Attorney(s) appearing for the Case

Warren L. DeVries and Joseph R. Lapointe, Mason City, for appellant.

Ronald A. Baybayan and Walter H. Byers, Jr., Des Moines, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, UHLENHOPP, ALLBEE, and LARSON, JJ.

REYNOLDSON, Chief Justice.

We granted this appeal from a trial court interlocutory order which reinstated an action dismissed under rule 215.1, Iowa Rules of Civil Procedure. We now reverse and remand for dismissal.

Trial court made the following factual findings which the parties adopt in their briefs:

1. The Petition in this case was filed over three years ago on March 19, 1976, by Attorney Mike Wilson. Answer was filed on June 16, 1976. On July...

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