BERG v. MERLE'S CONST. CO.

No. C5-88-1145.

429 N.W.2d 686 (1988)

James I. BERG, Appellant, v. MERLE'S CONSTRUCTION COMPANY, Respondent.

Court of Appeals of Minnesota.

Review Granted December 16, 1988.


Attorney(s) appearing for the Case

Susan Rester Miles, Robins, Zelle, Larson & Kaplan, Minneapolis, for appellant.

Gerald S. Duffy, Wm. Christopher Penwell, Grossman, Karlin, Siegel, Brill, Greupner & Duffy, Minneapolis, for respondent.

Heard, considered and decided by NORTON, P.J., and PARKER and NIERENGARTEN, JJ.


OPINION

PARKER, Judge.

James I. Berg appeals from that part of a trial court decision that Merle's Construction Company had a mechanic's lien prior and superior to other interests on Berg's property, and ordering the lien foreclosed in satisfaction of the judgment. Berg also appeals the trial court's award of attorney's fees, costs, and disbursements to Merle's. We reverse.

FACTS

James Berg hired Merle's Construction Company and several...

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