DEPT. OF GEN. SERV. v. R.M. BOGGS CO., INC.

No. 69351.

336 N.W.2d 408 (1983)

DEPARTMENT OF GENERAL SERVICES, STATE OF IOWA, Plaintiff-Appellee, v. R.M. BOGGS COMPANY, INC., Defendant. R.M. BOGGS, INC., Third-Party Plaintiff/Appellee, v. The BOGGS CORPORATION, Third-Party Defendant/Appellant.

Supreme Court of Iowa.

July 20, 1983.


Attorney(s) appearing for the Case

Burns H. Davison II, and Joseph S. Cortese II, of Jones, Hoffman & Davison, Des Moines, for third-party defendant-appellant The Boggs Corp.

Thomas J. Miller, Atty. Gen., John R. Scott, Sp. Asst. Atty. Gen., and Patrick J. Hopkins, Asst. Atty. Gen., for plaintiff-appellee.

Considered en banc.


McGIVERIN, Justice.

This is an interlocutory appeal which could have been avoided. The Boggs Corporation was granted an interlocutory appeal from the district court's denial of its motion for continuance made after it became apparent to the attorney for The Boggs Corporation that he was scheduled, in the same courthouse, for two overlapping trials. We hold that the trial court's denial of the motion was an abuse of discretion and reverse.

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