Emanuel v. Bank of Las Vegas C/W 61812 ( 2015 )

 contractor for respondent's approval) See Cuzze v. Univ. & Cmty. Coll.
Sys. of Nev., 123 Nev. 598, 602-03, 172 P.3d 131, 134 (2007) (noting that
when the nonmoving party bears the burden of persuasion at trial, the
moving party may demonstrate that summary judgment is appropriate by
"pointing out. .. that there is an absence of evidence to support the
nonmoving party's case" (internal quotation omitted)).
As for the deficiency judgment, we conclude that substantial
evidence supported the district court's determination that respondent
mitigated its damages. See Mason-McDuffie Real Estate, Inc. v. Villa
Fiore Dev., LLC, 130 Nev. Adv. Op. No. 83, 335 P.3d 211, 213-14 (2014)
(recognizing that this court will not disturb a district court's factual
findings that are supported by substantial evidence); see also Sheehan &
Sheehan v. Nelson Malley & Co., 121 Nev. 481, 492, 117 P.3d 219, 226
(2005) (noting that the party asserting a failure-to-mitigate-damages
defense bears the burden to prove that damages might have been lessened
by "reasonable diligence on the part of the aggrieved party" (internal
quotation omitted)). In particular, evidence was presented from which it
was reasonable for the district court to conclude that appellant's proposed
mitigation strategies were not practicable. See Mason-McDuffie Real
Estate, 130 Nev. Adv. Op. 83, 335 P.3d at 214 (indicating that substantial
evidence is "that which a reasonable mind might accept as adequate to
support a conclusion" (internal quotation omitted)).
'To the extent that appellant has made arguments on appeal based
on evidence that was procured after summary judgment was granted, we
have not considered those arguments. Old Aztec Mine, Inc. v. Brown, 97
Nev. 49, 52, 623 P.2d 981, 983 (1981).
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Consistent with the foregoing, we affirm the judgment in
Docket No. 61812. In light of our disposition of the appeal in Docket No.
61812, we affirm the award of attorney fees and costs appealed in Docket
No. 62478.
It is so ORDERED.
J.
cc: Hon. Elizabeth Goff Gonzalez, District Judge
Lansford W. Levitt, Settlement Judge
David J. Winterton & Associates, Ltd.
Holland & Hart LLP/Las Vegas
Eighth District Court Clerk
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