Meredith v. Arden

OPINION

This action was dismissed for failure to prosecute within five years. NRCP 41(e). The complaint was filed August 18, 1965. Nine and three-quarters years elapsed without the action coming to trial. Now appellant claims the trial court abused its discretion in granting the motion to dismiss.

This court holds once again that a period of delay between the filing of the complaint and trial which exceeds five years *621mandates dismissal. Under NRCP 41 (e) dismissal is required without regard to any exercise of discretion on the part of the trial judge. In the absence of a written stipulation…