Lighthouse v. Great Western Land & Cattle Corp.

I dissent.

The narrow issue presented in this case is whether a writ of prohibition issued by this court ordering the Sixth Judicial District Court not to try a case 5 years after it had been filed may be circumvented by refiling the case in another district.

The respondent, Great Western Land & Cattle Corporation, commenced an action in the Sixth Judicial District Court against Appellant Constance M. Lighthouse’s late husband, Noel McElhaney. Mr. McElhaney filed a counterclaim. The *58case was never tried within the 5-year period prescribed in NRCP 41(e).1 After the 5-year period had run,…