GAUZY EXCAV. AND GRADING v. KERSTEN HOMES

No. 78855.

934 S.W.2d 303 (1996)

GAUZY EXCAVATING AND GRADING COMPANY, Respondent, v. KERSTEN HOMES, INC., et al., Appellants.

Supreme Court of Missouri, En Banc.

Rehearing Denied December 17, 1996.


Attorney(s) appearing for the Case

R. Henry Branom, Jr., Roger W. Pecha, Clayton, for appellants.

Charles T. Rouse, Salem, for respondent.


LIMBAUGH, Judge.

Plaintiff Gauzy Excavating and Grading Company ("Gauzy") sued Kersten Homes, Inc., Christopher Kersten, and others to enforce a mechanic's lien on Lots 2, 3, 4, and 5 of Kersten Place Subdivision in Hazelwood, Missouri. The trial court found that a valid mechanic's lien existed and entered judgment in favor of Gauzy. On appeal, defendants assert, inter alia, that the trial court erred in entering judgment on the mechanic's lien because Gauzy...

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