Weit v. Rhodes

KLEIN, Judge.

Appellee Rhodes owned property for which taxes had not been paid for close to a decade, and a tax deed was issued on the property to appellant Weit, who brought an action to eject Rhodes. Rhodes counterclaimed to set aside the tax deed based upon improper notice of the sale. After finding in favor of Rhodes and setting aside the tax deed, the trial court granted Weit a lien on the property, but specifically denied Weit the right to foreclose on the property. That judgment was not appealed.

A few months after entry of that judgment, Weit filed this action to foreclose the lien, and…