FANKELL v. SCHOBER

No. 83-411.

350 N.W.2d 219 (1984)

Montica Rae FANKELL, Plaintiff-Appellant, v. Norman E. SCHOBER and Ardella Schober, d/b/a Billy's Shoreline Motel, and State of Iowa, Defendants-Appellees.

Court of Appeals of Iowa.

As Corrected May 1, 1984.


Attorney(s) appearing for the Case

Kermit L. Dunahoo, Des Moines, for plaintiff-appellant.

Jon S. Scoles and Warren L. DeVries, Mason City, for defendants-appellees Schobers.

Heard by DONIELSON, P.J., and SNELL and SCHLEGEL, JJ.


SCHLEGEL, Judge.

The plaintiff, Montica Rae Fankell, appeals from the trial court's refusal to reinstate this tort action which was dismissed for want of prosecution pursuant to Iowa Rule of Civil Procedure 215.1. Initially, we are faced with the question of whether the defendants are required to cross-appeal the trial court's finding that the motion to reinstate was timely filed, in order to urge that ground in support of the trial court's favorable determination...

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