Mills v. Cammack

OPINION

Appellants, alleging medical malpractice, filed a complaint for damages August 13, 1970. More than four and three-quarter years thereafter the trial judge, exercising the discretion delineated in NRCP 41(e), dismissed the complaint for want of prosecution. Appellants now ask this court to hold that the judge abused his discretion because, they claim, they were *746actively pursuing the case at the time it was dismissed. The record does not support the claim.

In Spiegelman v. Gold Dust Texaco, 91 Nev. 542, 546, 539 P.2d 1216, 1218 (1975), we said that a case should not be dismissed “where…