Sun Realty v. Eighth Judicial District Court of the State of Nevada Ex Rel. County of Clark

OPINION

By the Court,

Thompson, J.:

By an original proceeding in certiorari we are asked to review an order of the district court entered sua sponte declaring a mistrial and requiring plaintiff to pay defendants’ costs, expenses and attorneys’ fees incurred as a precondition to recommencing trial at a later date.

The action had been commenced in 1969 by Sun Realty against several defendants to recover a broker’s commission for the sale of the Landmark Hotel in Las Vegas. Shortly before the five-year dismissal period specified by NRCP 41 (e) was to run, the parties stipulated in writing for an…