Flintkote Co. v. Interstate Equip. Corp., 571 P.2d 815 (Nev. 1977). · Go Syfert
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Flintkote Co. v. Interstate Equip. Corp., 571 P.2d 815 (Nev. 1977). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …when a court is unable to conduct civil trials due to compelling and extraordinary circumstances beyond the control of the court and the parties, ⚠ not in text
8 citation events (8 in the last 25 years) across 1 distinct court.
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) Tripi Vs. Johnson C/W 80747 (2×) also: Cited "see, e.g."
Nev. · 2021 · confidence medium
Corp., 93 Nev. 597, 598 , 571 P.2d 815, 816 (1977) (rejecting appellant's argument that a stipulation striking a paragraph from the complaint "carried with it a necessary 2 We also reject Tripi's arguments regarding amended NRCP 41(e) because (1) the amendments were not in effect when the relevant five-year period lapsed or when the district court entered its order; and (2) even if they were in effect, Tripi fails to demonstrate that the proposed amendments would apply to her.
discussed Cited as authority (rule) Tripi Vs. Johnson C/W 80747 (2×) also: Cited "see, e.g."
Nev. · 2021 · confidence medium
Corp., 93 Nev. 597, 598 , 571 P.2d 815, 816 (1977) (rejecting appellant's argument that a stipulation striking a paragraph from the complaint "carried with it a necessary 2 We also reject Tripi's arguments regarding amended NRCP 41(e) because (1) the amendments were not in effect when the relevant five-year period lapsed or when the district court entered its order; and (2) even if they were in effect, Tripi fails to demonstrate that the proposed amendments would apply to her.
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FLINTKOTE COMPANY COMMERCE & INDUSTRY INSURANCE CO. COMMERCIAL UNION INSURANCE CO. OF AMERICA EAGLE STAR INSURANCE COMPANY, LTD. FIREMAN'S FUND INSURANCE COMPANY GLENS FALLS INSURANCE COMPANY GREAT AMERICAN INSURANCE COMPANY INDUSTRIAL INDEMNITY COMPANY NATIONAL FIRE INSURANCE COMPANY NATIONAL UNION FIRE INSURANCE COMPANY RELIANCE INSURANCE COMPANY SOUTH CAROLINA INSURANCE COMPANY TRAVELERS INDEMNITY COMPANY UNITED STATES FIRE INSURANCE CO. UNDERWRITERS AT LLOYDS, LONDON AND CERTAIN CO.'S IN ENGLAND TRANSAMERICAN INSURANCE COMPANY all foreign corporations authorized to do business in the State of Nevada
v.
INTERSTATE EQUIPMENT CORPORATION, a foreign corporation authorized to do business in the State of Nevada
No. 8940.
Nevada Supreme Court.
Dec 1, 1977.
571 P.2d 815
Jones, Jones, Bell, LeBaron, Close & Brown, and Gary R. Goodheart, Las Vegas, for Appellants., Beckley, Singleton, DeLanoy, Jemison & Reid, Chartered, Las Vegas, for Respondent.
Cited by 3 opinions  |  Published

[*598] OPINION

Per Curiam:

This is an appeal from an order of the district court dismissing appellants-plaintiffs’ complaint for not bringing the action to trial within five years. Appellants predicate their appeal on the novel theory that the parties entered into a stipulation, which was approved by the district judge, striking a paragraph from plaintiffs’ complaint, and that such stipulation carried with it a necessary implication that the parties were agreeing to extend the five-year period set forth in NRCP 41 (e).[1]

We find, as did the lower court, no such implication in the stipulation. Indeed, the language of the rule provides that a stipulation to continue the five-year period shall be in writing. Appellants cite no authority except Spiegelman v. Gold Dust Texaco, 91 Nev. 542, 539 P.2d 1216 (1975), which is not supportive of their position, since Spiegelman dealt with a discretionary dismissal for lack of prosecution, rather than a mandatory dismissal after the expiration of five years, as in the instant case.

We affirm, with costs to respondent.

1

NRCP 41(e) provides, in part:

Any action heretofore or hereafter commenced shall be dismissed by the court in which the same shall have been commenced or to which it may be transferred on motion of the defendant, after due notice to plaintiff or by the court upon its own motion, unless such action is brought to trial within five years after the plaintiff has filed his action, except where the parties have stipulated in writing that the time may be extended. . . .