Irish v. Gormley

the Colby Trust owned Mat-Su Denta1. 1 Cook v. Cook, 112 Nev. 179, 181- 82, 912 P.2d 264, 265 (1996) (providing that this court will review an order regarding an NRCP 60(b) motion to set aside a judgment for an abuse of discretion); Saavedra-Sandoval v. Wal-Mart Stores, Inc., 126 Nev. 592, 599, 245 P.3d 1198, 1202 (2010) (explaining that this court will affirm a district court's order if the district court reached the correct result, even if for the wrong reason). A motion to set aside an order as a result of fraud must be filed within 6 months. NRCP 60(b). Appellant did not timely bring her request for relief from the 2008 order and her claim that the six- month period of time to bring the motion was tolled while she was in prison is without merit because she was aware of her rights and she had previously pursued those rights. See Copeland v. Desert Inn Hotel, 99 Nev. 823, 826, 673 P.2d 490, 492 (1983) (describing when a statute of limitations may be equitably tolled). Accordingly, we ORDER the judgment of the district court AFFIRMED.

J. Parraguirre

Cherry

'While appellant did not present her motion under NRCP 60(b), because appellant was seeking to set aside the 2008 order as a result of fraud and the district court denied her request in part because the time period to file an NRCP 60(b) motion had run, we review this appeal as an appeal from an order denying a motion to set aside an order under NRCP 60(b). See Lee v. GNLV Corp., 116 Nev. 424, 427, 996 P.2d 416, 418 (2000) (explaining that this court will look past labels to determine what the order actually does instead of what it is called).

SUPREME COURT OF NEVADA 2 (0) 1947A e

cc: Hon. Vincent Ochoa, District Judge Lori Irish Black & LoBello Eighth District Court Clerk

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