BRENT G. THEOBALD CONSTR. v. RICHARDSON

No. 43155.

147 P.3d 238 (2006)

BRENT G. THEOBALD CONSTRUCTION, INC., A Utah Corporation, Appellant, v. RICHARDSON CONSTRUCTION, INC., A Nevada Corporation; and Hartford Fire Insurance Company, Respondents.

Supreme Court of Nevada.

December 7, 2006.


Attorney(s) appearing for the Case

Durham Jones & Pinegar and Jeffrey N. Starkey, St. George, Utah, and Terry L. Wade, Las Vegas, for Appellant.

Parker Nelson & Arin, Chtd., and Robert P. Bettinger, Matthew Oravec, and Theodore Parker III, Las Vegas, for Respondents.

Before DOUGLAS, BECKER and PARRAGUIRRE, JJ.


OPINION

BECKER, J.

In this case, we confirm that a lawsuit dismissed under NRCP 41(e), unless dismissed without prejudice, is res judicata to a future lawsuit between the same plaintiff and defendant involving the same claims for relief. Appellant Brent G. Theobald Construction, Inc., filed a lawsuit, which the district court dismissed based on NRCP 41(e) for failure to prosecute. The district court did not state whether the dismissal was with or...

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