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Garza v,. Aguila
The essential issue presented is whether the trial court abused its discretion when it denied wife's motion to dismiss.
Court conclude substantial evidence supports the trial court's determination wife implicitly entered into an agreement with husband to waive the statutory five-year time limit within which a matter must be brought to trial. Accordingly, when wife brought a motion to dismiss the matter because trial began on a date beyond the five-year limitation period, the trial court properly exercised its discretion in denying the motion.
Therefore, the judgment is affirmed.

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