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IN THE COURT OF APPEALS OF IOWA No. 1-505 / 10-2051 Filed July 27, 2011 BETTY M. BILLINGSLEY and BETTY M. BILLINGSLEY TRUST, Plaintiffs-Appellees, vs. TRISTAN FRANK and TF 14, Defendants-Appellants. ________________________________________________________________ Appeal from the Iowa District Court for Jasper County, Gregory A. Hulse, Judge.

Appeal from the district court's grant of summary judgment. DISMISSED.

APPEAL

Michael D. Ensley of Hanson, Bjork & Russell, L.L.P., Des Moines, for appellants. Colin D. Crowe of Gaudineer, Comito & George, L.L.P., West Des Moines, for appellees.

Considered by Sackett, C.J., and Doyle and Danilson, JJ.

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SACKETT, C.J. The plaintiffs filed this action to set aside a tax sale deed issued to the defendants, alleging they were not served with a notice of expiration of the right of redemption as required by Iowa Code section 447.9 (2009). Subsequently, both the plaintiffs and the defendants filed motions for summary judgment. The district court granted the plaintiffs' motion. The defendants contend the court erred in ruling in favor of the plaintiffs, "contract vendor[s] with no remaining actual interest in the property." We dismiss the appeal. Background and Proceedings. The plaintiffs entered into a contract for sale of the property to the current possessor in 1989. The contract was

recorded. The buyer paid the full amount due under the contract. The sellers had not recorded a satisfaction of the contract or issued a deed to the buyer at any time relevant to this case. The defendants purchased the property at a tax sale on June 18, 2007, and were issued a tax sale certificate. On June 1, 2009, the defendants caused notice of the expiration of the right of redemption to be served on the contract buyer, who was the party in possession, and numerous other persons and entities. No notice was sent to the plaintiffs. On October 5, 2009, the county treasurer issued a tax deed to the defendants. On January 14, 2010, the plaintiffs filed this action to set aside the tax deed. On August 9, the plaintiffs moved for summary judgment. On August 20, the defendants also

moved for summary judgment. On October 11, the district court issued its ruling on the motions. The court ruled: The plaintiffs are the owners of record and were not served with notice. Since neither Iowa Code section 447.9 nor section

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448.15 were complied with by the defendants, the deed be void until such time as proper notice is given to required by Iowa Code section 447.9 and the affidavit service has been filed. The plaintiffs' Motion for Judgment should be granted.

is found to all parties supporting Summary

The court denied the defendants' motion for summary judgment. On October 26 the defendants served, and on October 27 filed, a motion to reconsider or enlarge pursuant to Iowa Rule of Civil Procedure 1.904(2). They asserted the court did not properly apply the relevant statutory and case law in granting the plaintiffs' motion for summary judgment. The y asked the court to enter a substituted ruling, granting summary judgment in their favor. Alternatively, they asserted the court must amend its ruling to comply with Iowa Code section 447.8(4), which provides, in relevant part: If the court determines that notice was not properly served and that the person maintaining the action is entitled to redeem, the court shall so order. The order shall determine the rights, claims, and interests of all parties, including liens for taxes and claims for improvements made on or to the parcel by the person claiming under the tax title. The order shall establish the amount necessary to effect redemption. On November 17, the court denied the motion requesting the ruling be modified to grant summary judgment in favor of the defendants. But the court agreed with the defendants that it should have proceeded to determine the rights, claims, and interests of all the parties and establish the amount necessary for redemption. See Iowa Code

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