Lighthouse v. Great Western Land & Cattle Corp.

OPINION

By the Court,

Thompson, J.:

This appeal is from a summary judgment in favor of the respondent. The district court believed that our holding in Great W. Land & Cattle v. District Ct., 86 Nev. 282, 467 P.2d 1019 (1970), barred the prosecution of this case. We there held that NRCP 41(e) compelling the dismissal of an action not brought to trial within five years applies to a counterclaim as well, and prohibited the district court from proceeding to trial upon such a counterclaim. That court honored our writ, dismissed the counterclaim, but without prejudice. Its exercise *57of discretion in…