December 09, 2009

Court reviews action to enforce a mechanics and materialmen's lien

GEORGE SANDERS, Individually and d/b/a SMS CONTRACTORS, INC., ET AL. v. DR. SAMMY HOLLOWAY, ET AL. (Tenn. Ct. App. December 9, 2009)

This lawsuit was commenced by Plaintiff/Appellee George Sanders, individually and d/b/a SMS Contractors, Inc., ("SMS"; collectively, Mr. Sanders) as an action to enforce a mechanics and materialmen's lien filed in the Chancery Court for Shelby County in March 2005. In his complaint, Mr. Sanders named as Defendants Dr. Sammy Holloway (Dr. Holloway); Breath of Life Christian Church ("the Church"); National Bank of Commerce ("NBC"); and Bricks, Inc. ("Bricks"). In April 2005, the Church answered and filed a counter-claim against Mr. Sanders and a cross-claim against Bricks. Mr. Sanders answered the Church's counter-claim in June 2005. Bricks answered Mr. Sanders' complaint and the Church's cross-claim in June 2005. In June 2005, Bricks also counter- claimed against Mr. Sanders, and filed a cross-claim against the Church. Mr. Sanders answered Brick's counter-complaint on June 30, 2005; the Church answered Brick's cross-claim on July 15, 2005.

Opinion may be found at: