Small v. Kulesa

Wendell L. Griffen, Judge.

Gregory and Brenda Small appeal from a grant of summary judgment in favor of Craig Kulesa. They argue that the trial court erred in failing to set aside Kulesa’s default judgment entered in a 2001 quiet-tide action and that the trial court erred in granting Kulesa’s motion for summary judgment. We hold that the Soldiers’ and Sailors’ Civil Relief Act, 50 U.S.C. app. § 501 etseq. (2000), operated to bar the Commissioner of State Lands from making a tax sale of the Smalls’ land after the land was declared delinquent for failure to pay taxes while Mr. Small was an…