Certain v. Tonn

¶1 George Chavez (Chavez) and Terry Lynn Chavez, aka Terry Lynn Tonn, (Terry) appeal the judgment of the Sixteenth Judicial District Court, Custer County, granting summary judgment to Bradley J. Certain (Certain).

¶2 Chavez and Terry present two issues on appeal. Because we reverse the District Court’s determination that notice was not required to be given to Chavez, which is dispositive, we will not address the second issue. Thus, we restate the issue as follows:

¶3 Did the District Court err by concluding that an occupant of the property was not entitled to notice prior to the issuance of a…