Sladek v. G & M Midwest Floor Cleaning, Inc.

403 N.W.2d 774, 1987 Iowa Sup. LEXIS 1143
CourtSupreme Court of Iowa
DecidedApril 15, 1987
Docket86-455
StatusPublished
Cited by3 cases

This text of 403 N.W.2d 774 (Sladek v. G & M Midwest Floor Cleaning, Inc.) 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
Sladek v. G & M Midwest Floor Cleaning, Inc., 403 N.W.2d 774, 1987 Iowa Sup. LEXIS 1143 (iowa 1987).

Opinion

WOLLE, Justice.

Iowa Rule of Civil Procedure 215.1 provides for dismissal of civil actions that have not been prosecuted with reasonable dispatch. The last paragraph of the rule permits the district court to grant relief from dismissal when an application for reinstatement is filed within six months of dismissal and the applicant demonstrates satisfactory grounds for reinstatement. Twice the plaintiff Debra A. Sladek filed motions asking the district court to reinstate this tort action, first when the case had been dismissed pursuant to the rule itself and again that same year when a second dismissal resulted from her failure to comply with the first reinstatement order. The defendants challenged the district court’s authority to reinstate the case after the second dismissal, while the plaintiff contended that' the case should be reinstated either as a matter of right or in the exercise of the district court’s sound discretion. The district court held that it had the authority to reinstate the case but then refused to do so, finding that the plaintiff had not established satisfactory grounds for reinstatement. We affirm.

I. Background Facts.

Plaintiff was allegedly injured when she slipped and fell at her place of employment on August 20, 1982. She commenced this law action for damages against defendants on June 15, 1983. By January of 1984 the defendants had filed answers, the plaintiff had filed a jury demand, and the parties had exchanged discovery requests and served deposition notices. The court file reflects no further activity between that time and January 8, 1985, when the case was first dismissed for lack of prosecution in accordance with rule 215.1.

On January 22, 1985 the plaintiff moved for reinstatement in accordance with the last paragraph of rule 215.1 which provides:

The trial court may, in its discretion, and shall upon a showing that such dismissal was the result of oversight, mistake or other reasonable cause, reinstate the action or actions so dismissed. Application for such reinstatement, setting forth the grounds therefor, shall be filed within six months from the date of dismissal.

Defendants resisted the motion, but the district court found that the plaintiff had established grounds for reinstatement.

*776 The district court order entered on February 15, 1987 provided

that this case is reinstated and said case shall be tried or otherwise disposed of prior to August 5, 1985, or shall stand automatically dismissed.

The plaintiff did riot take the steps necessary to bring the case to trial or other disposition by the deadline of August 5. Plaintiff contends this was solely for the reason given in the affidavit of her counsel which was filed with her second request for reinstatement:

When this case was reinstated in February I was in court out of county. I was informed by phone that the case was reinstated. The order was then filed in the client file and it did not occur to me to examine it further. I always believed that it was reinstated without qualification.

The plaintiff argues this oversight of her attorney gave her an absolute right to reinstatement pursuant to the provision for mandatory reinstatement in the last paragraph of rule 215.1. Plaintiffs backup position is that the district court should have exercised discretion to reinstate her action because her counsel had engaged in activity relating to discovery and settlement negotiations between the date when the first reinstatement order was filed and the deadline of August 5 fixed by that order.

Defendants in response argue that the automatic dismissal on August 5, 1985 was a final order not subject to reinstatement unden rule 215.1. Defendants also vigorously dispute the plaintiff’s contention there was much “meaningful activity” between February 15 and August 5, 1985, arguing that plaintiff has not satisfied any ground set forth in rule 215.1 for reinstatement.

The district court denied reinstatement and explained its rationale when ruling on the plaintiff’s motion for expanded findings of fact and conclusions of law pursuant to Iowa Rule of Civil Procedure 179(b):

The Court, after considering the chronological list filed in the form of an affidavit, finds that the record in this case shows a lack of meaningful and substantive activity on the part of plaintiff’s counsel and that such lack of activity was not the result of any “oversight, mistake, or other reasonable cause”; but, rather, appears to this Court to be the result of neglect on behalf of plaintiff's counsel.
It is therefore this Court’s conclusion that plaintiff is not entitled to a discretionary reinstatement because the record, including the allegations of plaintiff’s chronology and the affidavit of plaintiff’s counsel shows a lack of any meaningful activity and shows a complete lack of effort on plaintiff’s counsel to actively seek a trial date, even after plaintiff’s cause of action was once dismissed and once before reinstated.

We first address the defendants’ contention that the district court was without authority to reinstate the case, then the plaintiff’s contention that she was entitled to have the case reinstated either as a matter of right or in the exercise of the district court’s sound discretion.

II. Authority to Reinstate Under Rule 215.1.

Defendants urge us to draw a sharp line of distinction between the two dismissals in this case — the first brought about by the clerk’s notice pursuant to rule 215.1 and the second resulting from the so-called try- or-dismiss reinstatement order. They contend that the last paragraph of rule 215.1 authorizing reinstatement applies only to the dismissal that follows the required 215.1 notice sent by the clerk of court, not to the dismissal which follows a separate order of continuance or reinstatement. Defendants urge us to read the phrases “such dismissal” and “such reinstatement” in rule 215 so narrowly as to refer exclusively to the first dismissal of a case under rule 215.1, not to a subsequent dismissal that would follow an order of continuance or reinstatement. The district court rejected that rigid interpretation of the rule and so do we.

When a case subject to rule 215.1 is either continued or reinstated following dismissal for lack of prosecution, the case is *777 not removed from the operation of rule 215.1 but is simply given a later deadline for trial or other disposition. See Miller v. Bonar, 337 N.W.2d 523, 526 (Iowa 1983) (continuance merely moved mandatory dismissal date back six months); Brown v. Iowa Dist. Court, 272 N.W.2d 457, 458 (Iowa 1978) (“If the order continuing the case is not complied with, the case stands dismissed.”); Johnson v. Linquist, 184 N.W.2d 681, 682-83 (Iowa 1971) (district court has discretion to reinstate action automatically dismissed under orders granting earlier continuances).

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Bluebook (online)
403 N.W.2d 774, 1987 Iowa Sup. LEXIS 1143, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sladek-v-g-m-midwest-floor-cleaning-inc-iowa-1987.