INTERIORS CONTRACTING v. SMITH, HALANDER & SMITH ASSOCIATES

No. 900642-CA.

827 P.2d 963 (1992)

INTERIORS CONTRACTING, INC., Plaintiff, v. SMITH, HALANDER & SMITH ASSOCIATES; American Savings & Loan Association; Walker, McElliot, Wilkinson & Associates; H. Fred Smith; Robert S. Halander; Ronald W. Smith; and Dale N. Minson, Defendants and Appellees, v. COONRADT CONSTRUCTION COMPANY and Massachusetts Mutual Life Insurance Company, Defendants and Appellant, and Bennett Glass Corporation; Roger Eulberg; Marilyn M. Smith; Connie R. Smith; and Jeenie D. Halander, Additional Cross-claim Defendants. COONRADT CONSTRUCTION COMPANY, Third-Party Plaintiff, v. CCI MECHANICAL, INC. dba CCI Service; Kay L. Walker; Lawrence A. McElliot; and Thomas F. Wilkinson, Third-Party Defendants.

Court of Appeals of Utah.

March 2, 1992.


Attorney(s) appearing for the Case

Thomas A. Duffin, Bruce L. Dibb, and Hans M. Scheffler, Salt Lake City, for appellant Coonradt Const. Co.

L. Benson Mabey, Salt Lake City, for appellee Smith, Halander & Smith Associates.

Theodore Boyer, Salt Lake City, for appellee American Sav. & Loan Ass'n.

Before BILLINGS, Associate P.J., and BENCH and RUSSON, JJ.


OPINION

BILLINGS, Associate Presiding Judge:

Coonradt Construction Company (Coonradt) appeals from a judgment concluding Coonradt did not file its mechanic's lien timely and, therefore, the lien is invalid. We reverse and remand.

FACTS

Walker, McElliot, Wilkinson & Associates (WMW) purchased the GSA Photo Lab Building (Photo Lab) in 1984 from appellee Smith, Halander & Smith Associates (SHS).1

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