River Glider Ave. Tr. v. Wells Fargo Bank, N.A.
This text of River Glider Ave. Tr. v. Wells Fargo Bank, N.A. (River Glider Ave. Tr. v. Wells Fargo Bank, N.A.) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
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
",
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
River Glider Ave. Tr. v. Wells Fargo Bank, N.A., Counsel Stack Legal Research, https://law.counselstack.com/opinion/river-glider-ave-tr-v-wells-fargo-bank-na-nev-2022.