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FOR-SHOR CO. v. EARLY

No. 910427-CA.

828 P.2d 1080 (1992)

FOR-SHOR COMPANY, Plaintiff, v. David W. EARLY, Trustee; Savage Construction Company; Statewide Construction; and Tim Savage, Defendants and Appellees. Labor Services, Inc., Intervenor and Appellant.

Court of Appeals of Utah.

March 25, 1992.

Attorney(s) appearing for the Case

Blake D. Miller and Marji Hanson, Salt Lake City, for intervenor and appellant.

Allan M. Metos, Salt Lake City, for defendants and appellees.

Before GARFF, JACKSON and ORME, JJ.

OPINION

ORME, Judge:

Labor Services, Inc. (LSI) appeals from the trial court's denial of its motion to intervene. On appeal, LSI claims the trial court erred in ruling that its action to foreclose its mechanic's lien was not filed within the period set forth in Utah Code Ann. § 38-1-11 (1988). We hold that the action to foreclose the mechanic's lien was timely commenced. Accordingly, we reverse and remand for further proceedings.

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