Lewis Atchison v. Laramie G. Shaffer
14-1555
| Iowa Ct. App. | Oct 12, 2016Background
- Atchison sued Shaffer for personal injuries on December 19, 2011.
- Trial was initially set for May 21, 2013, continued to October 15, 2013, then to March 24, 2014.
- Clerk issued a dismissal notice under Iowa R. Civ. P. 1.944 in July 2013 warning of automatic dismissal if not tried by January 1, 2014.
- Clerk later filed an entry stating the case was dismissed on January 7, 2014; Atchison filed a reinstatement application on July 7, 2014.
- The district court concluded the automatic dismissal occurred January 1, 2014, making the July 7 application untimely under rule 1.944(6), and held it lacked authority to reinstate.
- Atchison appealed; the Court of Appeals affirmed, applying precedents that dismissals under rule 1.944 are automatic and the six-month reinstatement period runs from the automatic dismissal date.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal occurred on Jan. 1 or Jan. 7, 2014 | Dismissal occurred Jan. 7 (as clerk's entry states) | Dismissal was automatic on Jan. 1 under rule 1.944 | Dismissal occurred Jan. 1; clerk's later entry does not control |
| When the six-month reinstatement window begins | Window begins upon notice of dismissal to plaintiff | Window begins on the automatic dismissal date | Window begins on automatic dismissal date (Jan. 1); July 7 application was untimely |
| Whether district court had authority to reinstate after six months | Court should have discretion to reinstate despite timing | Court lacked authority once six months expired | Court lacked authority to reinstate after six-month period |
| Whether court should overturn established precedent on automatic dismissals | Requests different interpretation of rule 1.944 | Courts must follow controlling precedent | Court reaffirmed binding precedent; declined to overturn |
Key Cases Cited
- Fankell v. Schober, 350 N.W.2d 219 (Iowa Ct. App.) (automatic dismissal date controls reinstatement period)
- Wilimek v. Danker, 671 N.W.2d 25 (Iowa) (dismissals under rule 1.944 occur by operation of law)
- Brown v. Iowa Dist. Ct., 272 N.W.2d 457 (Iowa) (automatic dismissal occurs without formal court or clerk action)
- State v. Hastings, 466 N.W.2d 697 (Iowa Ct. App.) (appellate courts bound by supreme court precedent)
- In re Marriage of Engler, 532 N.W.2d 747 (Iowa) (questions of jurisdiction and authority reviewed for errors at law)