Where there is no evidence in support of the lower court's findings, they are clearly erroneous and may be reversed. Burroughs Corp. v. Century Steel Inc., 99 Nev. 464, 470, 664 P.2d 354, 358 (1983). Thus, the trial court's finding regarding consideration for Sam's release was clearly erroneous.
This court has stated that findings of fact "will not be disturbed on appeal if they are supported by substantial evidence." Burroughs Corp. v. Century Steel, Inc., 99 Nev. 464, 470, 664 P.2d 354, 357 (1983). In Burroughs, this court went on to cite NRCP 52(a) and stated that findings of fact "shall not be set aside unless clearly erroneous."
The name given to the instrument is less important in determining its true nature than is the intent of the parties and the economic reality of the transaction. R. White J. Summers, Uniform Commercial Code, § 22-3 (2d ed. 1980). In Burroughs v. Century Steel, 99 Nev. 464, 664 P.2d 354 (1983) the Nevada Supreme Court examined the question of what constitutes a true lease and what constitutes a financing agreement and listed several factors. Applying the factors noted in Century Steel, Sierra Diesel's lease was in fact a financing arrangement because Sierra Diesel was responsible for maintenance, for all taxes, and for loss due to damage to the computer.
Appellant next contends that the district court abused its discretion when it awarded a Fidelity financial account to appellant as separate property but awarded to respondent a community interest in certain stock that appellant, in a post-divorce decree motion, asserted was held in the Fidelity account. Because neither party sought to admit into evidence the proposed exhibit that appellant now relies on, no evidence supported a finding that the stock was separate property, and thus the district court did not abuse its discretion in determining that the stock was community property. See Burroughs Corp. v. Century Steel, Inc., 99 Nev. 464, 470, 664 P.2d 354, 358 (1983) (holding that a district court determination which was based upon an exhibit not admitted into evidence was clearly erroneous). Additionally, the district court properly determined that post-judgment relief was not warranted by the proposed exhibit, as the failure of appellant's trial counsel to present evidence on the matter at trial is not grounds for post-judgment relief. Achrem, 112 Nev. at 742, 917 P.2d at 450.
Moreover, this court has held that we "will affirm the order of the district court if it reached the correct result, albeit for different reasons." Rosenstein v. Steele, 103 Nev. 571, 575, 747 P.2d 230, 233 (1987); see, e.g., Brascia v. Johnson, 105 Nev. 592, 596, 781 P.2d 765, 768 (1989); Burroughs Corp. v. Century Steel, 99 Nev. 464, 467, 664 P.2d 354, 356 (1983). The holding in Alamo that a party must file a notice of cross-appeal in order to raise issues not accepted by the district court in support of a favorable judgment is inconsistent with these cases.
Although the court below apparently denied appellant's motion on the sole ground that appellant had not demonstrated excusable neglect, this court will affirm the order of the district court if it reached the correct result, albeit for different reasons. See Burroughs Corp. v. Century Steel, 99 Nev. 464, 664 P.2d 354 (1983). In light of the above, we affirm the judgment of the district court.
Appellants have retained different counsel on appeal. District court findings that are based on substantial evidence will not be disturbed on appeal. NRCP 52(a); Leonard v. Stroebling, 102 Nev. 543, 728 P.2d 1358, 1361-62 (1986); Burroughs Corp. v. Century Steel, 99 Nev. 464, 470, 664 P.2d 354, 357 (1982). Because the district court decisions to sell the fifty-three units of Alpine Vista as a block and to value the complex at the appraised values are supported by substantial evidence, we affirm the district court order.
This was an abuse of discretion.See Burroughs Corp. v. Century Steel, Inc., 99 Nev. 464, 470, 664 P.2d 354, 358 (1983) (holding that a district court determination that was based upon an exhibit not admitted into evidence was clearly erroneous).