Levis v. Konitzky
Annotate this CaseJames Levis filed a complaint for declaratory judgment and quiet title claiming title to a section of mudflat by adverse possession and by deed from his ex-wife. Levis named Gustav Konitzky, an abutting neighbor and boat-builder, as a party in interest. Default judgment was entered against the remaining defendants (the Cartland heirs), but the district court later set aside the default judgment. The court then granted summary judgment in favor of Konitzky. The Supreme Court affirmed, holding that the district court did not abuse its discretion in setting aside the default judgment against the Cartland heirs and did not err in granting summary judgment in Konitzky’s favor on Levis’s quiet title action.
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