No Boundry, LLC v. HoosmanAnnotate this Case
The Supreme Court reversed the order of the district court denying Defendant's motion to set aside a default judgment awarding Plaintiff immediate and exclusive possession of Defendant's home, holding that the district court erred in denying Defendant's motion to set aside the default judgment.
Plaintiff obtained title to Defendant's home by way of a tax sale deed and, after filing a petition for recovery of real property, obtained a default judgment awarding it possession of Defendant's home. Defendant filed a motion to set aside the default judgment, asserting that he was legally disabled and exempt from paying property taxes and that he had been trying to resolve the property tax issue for some time. The district court denied the motion. The Supreme Court reversed, holding that Defendant established good cause to set aside the default judgment.