River Glider Ave. Tr. v. Wells Fargo Bank, N.A.

Opinion

IN THE SUPREME COURT OF THE STATE OF NEVADA

RIVER GLIDER AVENUE TRUST, No. 82065 Appellant, vs. it WELLS FARGO BANK, N.A., AS INDENTURE TRUSTEE FOR THE JAN 1 4 2022 IMPAC CMB TRUST SERIES 2004-6, Res • ondent.

ORDER OF AFFIRMANCE This is an appeal from a district court order denying a motion for NRCP 60(b) relief in a real property matter. Eighth Judicial District Court, Clark County; Ronald J. Israel, Judge.' We conclude that the district court was within its discretion to deny appellant's NRCP 60(b) motion. See Rodriguez v. Fiesta Palms, LLC, 134 Nev. 654, 656, 428 P.3d 255, 257 (2018) (The district court has wide discretion in deciding whether to grant or deny a motion to set aside a judgment under NRCP 60(b)."). In particular, the district court was within its discretion in determining that appellant's 13-month delay in seeking relief under NRCP 60(b)(4) was "extremely untimely" and "a prime example of unreasonableness." See NRCP 60(c) (requiring a motion for relief under NRCP 60(b)(4) to be made within a reasonable time"); see also In re Harrison Living Tr., 121 Nev. 217, 222-23, 112 P.3d 1058, 1061-62 (2005) (holding that even allegedly void judgments are subject to what is now NRCP 60(c)'s reasonableness requirement for seeking relief under NRCP

'Pursuant to NRAP 34(f)(1), we have determined that oral argument is not warranted in this appeal. SUPREME COURT OF NEVADA

(0) I947A - 0 L43-9 60(b)(4)). In light of this conclusion, we need not address the district court's alternative basis for denying appellant's motion or the parties alternative arguments on appeal. Accordingly, we ORDER the judgment of the district court AFFIRMED.

Parraguirre

Act..t J. Hardesty Pickering

cc: Hon. Ronald J. Israel, District Judge John Boyer, Settlement Judge Roger P. Croteau & Associates, Ltd. McCarthy & Holthus, LLP/Las Vegas Smith Larsen & Wixom Eighth District Court Clerk

SUPREME COURT OF NEVADA 2 «.11 1947A 4sti3W

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