STERN & SON, INC. v. GARY JOINT VENTURE

No. 45A03-8707-CV-201.

530 N.E.2d 306 (1988)

STERN & SON, INC., Appellant (Plaintiff below), v. GARY JOINT VENTURE; Creative Food Concepts, Inc.; Charles Evans; John W. Connor; Susan S. Connor; and Anthony Curvis, Appellees (Defendants below).

Court of Appeals of Indiana, Third District.

November 7, 1988.


Attorney(s) appearing for the Case

Michael F. Drewry, William J. Hancock, Lowe, Gray, Steele & Hoffman, Indianapolis, Barry D. Rooth, Herbert S. Lasser & Associates, P.C., Merrillville, for appellant.

William J. O'Connor, Patrick A. Schuster, O'Connor & O'Connor and Associates, Hammond, for appellee Gary Joint Venture.


HOFFMAN, Judge.

Stern & Son, Inc. (Stern) is appealing a summary judgment entered in favor of Gary Joint Venture (GJV). Both parties filed summary judgment motions, and the trial court found that Stern was not entitled to foreclose a mechanic's lien against property owned by GJV. In this case there is no substantial factual dispute, and on appeal the sole issue raised is: whether the court properly determined, as a matter of law, that Stern was not entitled to...

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