Johann v. Aladdin Hotel Corp.

*81OPINION

This is an appeal from a district court order dismissing appellant’s complaint on the basis of the mandatory dismissal provisions of NRCP 41(e). The rule requires dismissal “unless such action is brought to trial within five years after the plaintiff has filed his action, except where the parties have stipulated in writing that the time may be extended.”

On May 10, 1978, the parties stipulated in writing “that the time limitation set forth in NRCP 41(e) is hereby extended to the first day of June, 1979.” On June 1, 1979, with counsel for the parties present, the trial was commenced…