DUDER v. SHANKS

No. 03-1036.

689 N.W.2d 214 (2004)

John F. DUDER, Appellant, v. Randall J. SHANKS, Appellee.

Supreme Court of Iowa.

November 19, 2004.


Attorney(s) appearing for the Case

Theodore Boecker of Sherrets & Boecker, L.L.C., Omaha, Nebraska, for appellant.

John M. French of Peters Law Firm, P.C., Council Bluffs, for appellee.


TERNUS, Justice.

The plaintiff, John Duder, appeals an order confirming the automatic dismissal of his lawsuit against the defendant, Randall Shanks, under Iowa's uniform rule for dismissal for want of prosecution, Iowa Rule of Civil Procedure 1.944 (formerly known as rule 215.1). Duder claims he did not receive a try-or-dismiss notice, and therefore the case was not automatically dismissed under the rule. He also asserts a district court order setting the case for...

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