Johnson v. Harber

OPINION

This case involves the failure of plaintiff-appellant to prosecute his claim within the mandatory five year period provided in NRCP 41(e). The complaint was filed on April 26, 1971, and appellant was substituted as real-party-in-interest plaintiff on July 9, 1971, with an amended complaint showing such substitution filed on July 12, 1971. Trial was eventually set for November 21, 1972, but defendant-respondent successfully moved to vacate trial set for that'date.

Over two years later, appellant again attempted to bring the matter to trial, and a trial date was set for August 9, 1975.…