Boren v. City of North Las Vegas

OPINION

The sole issue we consider in this case is whether an action must be dismissed if it was not brought to trial within five years because of a court order staying proceedings.

The action in the case before us was not brought to trial within the five-year period specified in Nevada Rule of Civil Procedure 41(e). Appellant moved to dismiss the action for want of prosecution. The trial court denied the motion. Appellant claims that dismissal is mandatory notwithstanding the fact that proceedings had been stayed for more than four years immediately preceding the motion to dismiss.

We agree…