Ad-Art, Inc. v. Denison

OPINION

The sole issue presented in this appeal is whether appellant’s action was “brought to trial” within the five-year limitation prescribed by NRCP 41(e).

Appellant sought damages arising from respondents’ alleged breach of contract. Within five years of the date the action was filed a trial was commenced and appellant called three witnesses before the district court declared a mistrial. Subsequently, after numerous continuances, respondents moved for a dismissal of the action for want of prosecution. The district court granted respondents’ motion on the ground “the . . . action was not…