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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. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

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