P.T.P., INC. v. CASEY, 85 Nev. 562 (1969)

459 P.2d 770

P.T.P., INC., APPELLANT, v. JOHN J. CASEY, MYRTLE CASEY, DONALD B. HUNT, CAL WORTHINGTON, AND BARBARA WORTHINGTON, RESPONDENTS.

No. 5800Supreme Court of Nevada.
October 20, 1969

Appeal from order and judgment of Fifth Judicial District Court, Nye County; Kenneth L. Mann, J.

Peter Echeverria and E.A. Hollingsworth, of Reno, for Appellant.

Vargas, Bartlett Dixon and Norman R. Schou, of Reno, for Respondents John J. Casey and Myrtle Casey.

Stewart Horton and Willard Van Hazel, Jr., of Reno, for Respondents Donald B. Hunt, Cal Worthington, and Barbara Worthington.

OPINION
Per Curiam:

This action was commenced on May 11, 1962. On April 7, 1967, counsel stipulated that the time within which the action could be brought to trial was extended to November 11, 1967. The case was not brought on for trial by that date. On September 17, 1968, the district court granted defendants’ (respondents’) motion to dismiss. It is sought to reverse that ruling on the basis of a recently enacted statute, NRS 14.150, which

Page 563

provides that a mandatory dismissal for failure to prosecute shall not occur until the lapse of seven years.

We have recently rejected that contention. Lindauer v. Allen, 85 Nev. 430, 456 P.2d 851 (1969); Volpert v. Papagna, 85 Nev. 437, 456 P.2d 848 (1969). And now once more we reaffirm those decisions and affirm the district court’s ruling in this case.