Smith v. Garside

OPINION

By the Court,

THOMPSON, J.:

The plaintiff did not bring her case to trial within three years after remittitur was filed by the clerk of the trial court. Therefore the lower court granted the defendants’ motion to dismiss for want of prosecution, made pursuant to that part of NRCP 41 (e) which provides: “When in an action after judgment, an appeal has been taken and judgment reversed with cause remanded for a new trial * * * the action must be dismissed by the trial court on motion of defendant after due notice to plaintiff, or of its own motion, unless brought to trial within three years…