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Judges rule on rehearing that company can hold mechanic’s lien

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JM Woodworking petitioned the Court of Appeals for rehearing after the court decided in November 2012 that the company could not hold a mechanic’s lien against property of Fred and Mary Anna Feitler for unpaid bills on the construction of their home.

The judges reversed their original decision, in which they held subcontractors JM and J. Laurie Commercial Floors LLC could not hold mechanic’s liens against the Feitlers’ property. The Feitlers argued that JM’s failure to file a pre-lien notice prevented it from being able to hold a mechanic’s lien.

 Judge Cale Bradford, writing for the court in Fred C. Feitler, Mary Anna Feitler, and The Feitler Family Trust v. Springfield Enterprises, Inc., J. Laurie Commercial Floors, LLC, d/b/a Jack Lauries Floor Designs, and JM Woodworking Company, 17A04-1206-PL-297, noted that a pre-lien notice is required only if work is provided to someone “other than the owner or owner’s legal representatives.” The evidence showed that JM did enter into a separate agreement with the Feitlers and they are the “owners” within the meaning of the mechanic’s lien statute, so JM wasn’t required to issue a pre-lien notice.

The judges affirmed the trial court on this point and also denied J. Laurie’s rehearing petition in full and reaffirmed their original opinion in all other respects.

 

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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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