Irish v. Gormley ( 2015 )


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  •                  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
    SUPREME COURT
    OF
    NEVADA
    3
    (0) I947A    slier