Greif v. K-Mart Corp.

404 N.W.2d 151, 1987 Iowa Sup. LEXIS 1142
CourtSupreme Court of Iowa
DecidedApril 15, 1987
Docket86-131
StatusPublished
Cited by8 cases

This text of 404 N.W.2d 151 (Greif v. K-Mart Corp.) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greif v. K-Mart Corp., 404 N.W.2d 151, 1987 Iowa Sup. LEXIS 1142 (iowa 1987).

Opinions

HARRIS, Justice.

The question here involves Iowa rule of civil procedure 215.1, our provision for dismissing cases for want of prosecution. Because of its advanced age this case had become subject to dismissal under the rule and plaintiff’s counsel had been notified accordingly. He obtained a continuance to a date beyond the automatic dismissal date at which time the case was set for trial. It was however not reached and the issue is whether jurisdiction over the case was thereafter lost. The trial court found jurisdiction had been lost and we agree.

Plaintiff filed his suit on September 20, 1982.1 He filed a trial certificate June 5, 1984, following discovery, stating the case would be ready for trial June 15,1984. On July 11,1984, the district court clerk issued a routine notice required by Iowa rule of civil procedure 215.1, stating the case would be dismissed if not continued or tried before January 1, 1985.

On October 29, 1984, the local court administrator’s office issued a notice of trial, scheduling the case for February 26, 1985. A week later the court administrator issued another notice, rescheduling trial for March 12, 1985. The second notice specified: “THIS TRIAL IS A BACKUP BEHIND CRIMINAL TRIALS.”

On November 5, 1984, the plaintiff filed a motion for continuance on the ground that, notwithstanding the trial certificate, no prior trial date had been obtained. The motion noted that the case had been set for trial on February 26, 1985. The district court sustained plaintiff’s motion, continuing the action “beyond December 31, 1984, for trial on March 12, 1985.” The same order directed the local court administrator to schedule a pretrial conference.

On December 4, 1984, the court administrator’s trial calendar listed the suit as the first civil “backup” case behind several pending criminal trials. A pretrial conference was held on January 21, 1985. The pretrial conference order stated the trial was scheduled to begin March 12,1985, but noted:

It is scheduled as a “backup” to previously scheduled criminal jury trials, the parties may inquire of the Assistant Court Administrator as to whether or not the matter will be reached for trial on March 12, 1985.

A number of motions in limine and final pretrial discovery motions were submitted to the trial court before the scheduled trial date. On March 18,1985, the district court ruled upon several routine defense motions to suppress evidence.

The March 12, 1985 trial date passed without the case being reached because a murder case was being tried on that date. On August 13, 1985, a second rule 215.1 “try or dismiss” notice was issued.

Plaintiff’s counsel makes some claim that he was prompted by this second notice to call the administrator and to inquire about reassignment of the case. If he did so, he did nothing to alert the administrator of any urgent need to reset the case because of rule 215.1 and filed no applications. The trial court found, and we agree, that counsel did nothing within six months from March to see that the case was rescheduled for trial, continued, or reinstated under rule 215.1. Instead he relied on the administrator’s office to see that trial was rescheduled.

Finally, in late September or early October of 1985, the court administrator’s office — on its own initiative — rescheduled the case for trial on December 3, 1985. Once again it was scheduled as a “civil backup” case behind criminal cases.

Six days before the December 3, 1985 trial date, a district judge telephoned plaintiff’s counsel and informed him it appeared the case had automatically been dismissed pursuant to Iowa rule of civil procedure 215.1. The judge based that view on our holding in Brown v. Iowa District Court, [153]*153272 N.W.2d 457 (Iowa 1978). Accordingly the judge informed the parties that a jury would not be called to try the case on December 3, 1985, because no application for reinstatement had been filed during the six months immediately following its March 12, 1985 dismissal.

On December 2,1985, the plaintiff filed a “motion to reconsider or, in the alternative, to reinstate” this suit, alleging the trial court’s November 21, 1984 continuance did not indicate the case would be dismissed if not tried on or before March 12, 1985. Plaintiff also filed a “motion for continuance” on December 4, 1985.

In a ruling filed December 30, 1985, the trial court denied plaintiffs motion for reconsideration, reinstatement, and continuance, upholding the prior order of dismissal. The trial court’s ruling was based largely on plaintiff’s failure to seek reinstatement or continuance within six months after March 12, 1985. The trial court held it was without authority to order the case reinstated.

Upon appeal the case was assigned to the court of appeals, which reversed the trial court decision on a divided vote.

I. Rule 215.12 is our attempt to compel dispatch in the processing of disputes through the courts. The goal is to require as speedy a disposition as is consistent with the sober consideration which justice demands.

Rule 215.1 addresses a clear public need. No one disputes that protracted delay in case processing is antithetical to the interests of justice. The longer the delay, the more memories fade, and the more likely it becomes that the resolution of the dispute will be unsatisfactory. More than that, a long-delayed result, even if correct, is of less benefit than it should be to the prevailing party, and it does more harm than would be necessary to the losing party. Our commitment to rule 215.1 is a strong one.

In wrestling with any rule 215.1 dispute we contend with the tensions which inevitably arise between two valid and vital public policies. On the one hand justice to the parties favors resolution of controversies on their merits. Long experience, on the other hand, has taught the courts that the public interest is well served by a try-or-dismiss rule. If they teach us anything, the lessons of the past make it clear that the public suffers more from cases growing stale and dying of old age than it does from the occasional loss of a suit under a rule designed to press disputes along toward resolution.

As rules go, rule 215.1 is of rather recent vintage. First adopted in 1961, it is grounded on a number of clear but hard-learned premises. Dismissal has been the only effective antidote for the tendencies which allow cases to become stale. Dismissal, when called for, must be automatic; the impetus to move cases would be lost if dismissals were selected on a case-by-case basis.

In Brown v. Iowa District Court, 272 N.W.2d 457 (Iowa 1978), a breach of con[154]*154tract case was dismissed for want of prosecution six months after the trial date fixed by the plaintiffs last continuance. The trial court reinstated the action, ex parte and fourteen months after the plaintiffs third trial date, and the defendant brought a certiorari action. We sustained the writ, holding it was error for the trial court to reinstate the case. We said:

From our previous decisions interpreting this rule several general principles have evolved. One is that a case may not be continued after a 215.1 notice has been given without an order of court upon application and notice. Kutrules v. Suchomel,

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Greif v. K-Mart Corp.
404 N.W.2d 151 (Supreme Court of Iowa, 1987)

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404 N.W.2d 151, 1987 Iowa Sup. LEXIS 1142, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greif-v-k-mart-corp-iowa-1987.