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McCORRY v. G. COWSER CONST., IND.

No. 45S05-9412-CV-1212.

644 N.E.2d 550 (1994)

Richard L. McCorry and Suzanne McCorry, Husband and Wife, Defendant-Appellants, v. G. COWSER CONSTRUCTION, Inc., Snow-N'-Son, Inc., L. Scott Electric Co., Inc., Impact Heating & Air Conditioning, Inc., Plaintiff-Appellees.

Supreme Court of Indiana.

December 16, 1994.

Attorney(s) appearing for the Case

William J. Moran, Highland, for appellants.

Michael L. Muenich, Hand Muenich & Wilk, Highland, for Cowser & Snow.

Bruce A. Lambka, Crown Point, Highland, for L. Scott Elec. Co., Inc., and Impact Heating & Air Conditioning, Inc.

On Petition To Transfer

DICKSON, Justice.

The question presented is whether attorney fees are recoverable under Indiana Code Section 32-8-3-9, the personal liability section of the mechanic's lien statute. The Court of Appeals determined that such fees cannot be recovered. McCorry v. G. Cowser Const. Co., Inc. (1994), Ind. App., 636 N.E.2d 1273, 1279-80. One of the plaintiff-appellees, Snow-N'-Son, Inc., seeks transfer...

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