Taylor v. Ferguson

LAWRENCE E. MOONEY, Presiding Judge.

The homeowners, Bryan and Tina Ferguson, appeal the judgment of the Circuit Court of Warren County denying their motion to set aside the default judgment obtained against them by the plaintiff, Brent Taylor, in his action to quiet title to certain real property. Because the homeowners’ motion to set aside the default judgment and supporting documents averred a prima facie basis for reopening the default judgment pursuant to the Ser-vicemembers Civil Relief Act, 50 App. U.S.C. sec. 501 et seq., the trial court plainly erred in denying their motion without an…