Prostack v. Lowden

OPINION

Appellants’ complaint was dismissed by the district court under NRCP 41(e) for failure to bring the action to trial within five years. We affirm.

Appellants’, complaint, seeking damages for breach of an oral contract, was filed on February 21, 1974. On August 29, 1978, appellants moved for an early trial date, on the ground that the five year limitation of NRCP 41(e) would run on February 20, 1979. The trial was set for January 15, 1979, and discovery proceeded. On January 5, 1979, appellants indicated *231to respondents that a hitherto unknown witness would testify at trial. On January 10,…