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BERKLEY INTERN. CO., LTD. v. DEVINE

No. 86-1361.

423 N.W.2d 9 (1988)

BERKLEY INTERNATIONAL CO., LTD., and Berkley and Company, Inc., Appellees, v. Francis P. DEVINE, Appellant. Francis P. DEVINE, Appellant, v. BERKLEY INTERNATIONAL CO., LTD., and Berkley and Company, Inc., Appellees.

Supreme Court of Iowa.

Rehearing Denied June 15, 1988.

Attorney(s) appearing for the Case

Donald J. Hemphill of Hemphill Law Office, Spencer, for appellant.

Roger J. Magnuson and Amy J. Ihlan of Dorsey & Whitney, Minneapolis, Minn., and W.E. Kunze, Spirit Lake, for appellees.

Considered by McGIVERIN, C.J., and LARSON, SCHULTZ, LAVORATO, and ANDREASEN, JJ.

SCHULTZ, Justice.

The dispositive issue in this case is whether a district court ruling denying a joint application to continue an action beyond the automatic dismissal date of Iowa Rule of Civil Procedure 215.1 (dismissal for want of prosecution) precludes the granting of an application to reinstate the dismissed action. In ruling on defendant's motion to reinstate his counterclaims under the rule, the district court reinstated the entire action including plaintiffs...

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