January 29, 2010

Court reviews whether trial court properly dismissed materialman's lien

E. W. STEWART LUMBER CO. v. MEREDITH CLARK & ASSOCIATES, LLC AND LEROY DODD (Tenn. Ct. App. January 29, 2010)

Supplier of building materials filed materialman's lien on property after contractor failed to pay for materials provided for building a house on the property. On cross motions for summary judgment, the trial court struck down liens the supplier had filed against the subject property and dismissed the supplier's action; supplier appeals. Finding error, we reverse and remand to the trial court for further proceedings.

Opinion may be found at:
http://www.tba2.org/tba_files/TCA/2010/stewart_012910.pdf