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GREENE v. TRI-COUNTY COM. SCHOOL DIST.

No. 66241.

315 N.W.2d 779 (1982)

Terrence Anthony GREENE, Appellee, v. TRI-COUNTY COMMUNITY SCHOOL DISTRICT, Riddell, Inc., Hogan's Sporting Goods, Inc. and Robert DeLacey, Appellants.

Supreme Court of Iowa.

February 17, 1982.

Attorney(s) appearing for the Case

Theodore T. Duffield of Patterson, Lorentzen, Duffield, Timmons, Irish & Becker, Des Moines, and Stephen C. Gerard of Baumert & Gerard, Sigourney, for appellants Tri-County Community School Dist. and Robert DeLacey.

H. Richard Smith and Edward W. Remsburg of Ahlers, Cooney, Dorweiler, Haynie & Smith, Des Moines, for appellant Riddell, Inc.

Terrence A. Hopkins of Hopkins & Huebner, Des Moines, for appellant Hogan's Sporting Goods, Inc.

Richard G. Langdon of Herrick, Langdon & Langdon, Des Moines, and Harold B. Heslinga, Oskaloosa, for appellee.

Considered by REYNOLDSON, C. J., and LeGRAND, HARRIS, McGIVERIN, and SCHULTZ, JJ.

HARRIS, Justice.

The question is whether the trial court could reinstate a case which was dismissed for want of prosecution. Defendants moved to dismiss it under Iowa R.Civ.P. 215.1. There was a defect in the clerk's required notice (it was served one day late). In addition to a possible automatic dismissal under the rule the trial court entered a formal order of dismissal. A motion to reinstate was filed eleven months after dismissal, more than the six months allowable...

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