O'BRIEN v. MULLAPUDI

No. 85-1186.

405 N.W.2d 815 (1987)

Timothy J. O'BRIEN and Janet O'Brien, Appellants, v. Rattvum V. MULLAPUDI, James E. Spoden and the Finley Hospital, Appellees.

Supreme Court of Iowa.

May 13, 1987.


Attorney(s) appearing for the Case

Gary S. Gill, Des Moines, for appellants.

Mark A. Woollums and Ralph D. Sauer of Betty, Neuman & McMahon, Davenport, for appellee Mullapudi.

Charles E. Miller and Thomas D. Waterman of Lane & Waterman, Davenport, for appellee Spoden.

David L. Hammer and Stephen C. Krumpe of O'Connor & Thomas, P.C., Dubuque, for appellee The Finley Hosp.

Considered by McGIVERIN, P.J., and LARSON, CARTER, WOLLE and LAVORATO, JJ.


McGIVERIN, Justice.

The question in this case is whether the district court erred in refusing to reinstate plaintiffs' lawsuit after it was dismissed for want of prosecution under Iowa Rule of Civil Procedure 215.1. Our court of appeals reversed the district court, holding reinstatement was mandatory under the circumstances of this case. We disagree and vacate the decision of the court of appeals and affirm the order of the district court.

I. Background...

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