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MICKELSEN v. CRAIGCO, INC.

No. 19945.

767 P.2d 561 (1989)

Garry W. MICKELSEN, d/b/a Mickelsen Excavating & Construction, Inc., and Mickelsen Excavating & Construction, Inc., Plaintiff and Appellant, v. CRAIGCO, INC., a Utah corporation, Sherwood & Roberts, Inc., a Washington corporation, and Dan R. Fogle, and John Does 1-10, Defendants and Respondents.

Supreme Court of Utah.

January 11, 1989.

Attorney(s) appearing for the Case

Wendell E. Bennett, Salt Lake City, for plaintiff and appellant.

David Dolowitz, Salt Lake City, for Craigco.

Bruce A. Maak, Salt Lake City, for Sherwood & Roberts.

HOWE, Associate Chief Justice:

Plaintiff Garry W. Mickelsen brought this action to foreclose a mechanic's lien which he had recorded against the River Oaks subdivision owned by defendant Craigco, Inc. Defendant Sherwood & Roberts, Inc., which was the beneficiary of a trust deed on the subdivision, moved for summary judgment on three grounds: (1) that plaintiff's foreclosure action had not been timely commenced; (2) that plaintiff's recorded notice of lien was...

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