Bank of Nevada v. Friedman

OPINION

By the Court,

Mowbray, L:

This is an appeal from an order of the district judge dismissing the complaint of the appellant-plaintiff, Bank of Nevada as Special Administrator of the Estate of Juan Rodriguez, against the respondent-defendant, Maurice H. Friedman, for failure to bring the action to trial within 5 years after the complaint was filed. NRCP 41(e). 1

There is no question that the 5-year period had expired, as the complaint was filed on November 6, 1964, and the 41(e) order of dismissal was entered on December 30, 1969. Between those dates, there was no attempt to bring the case…