HOPPES BLDRS. & DEV. CO. v. HURREN BLDRS., INC.

No. 96-CA-23.

118 Ohio App.3d 210 (1996)

HOPPES BUILDERS AND DEVELOPMENT COMPANY, Appellee, v. HURREN BUILDERS, INC. et al.; Erb Lumber Company, Appellant; Cole Acton, Harmon & Donn, L.P.A., Appellee.

Court of Appeals of Ohio, Second District, Clark County.

Decided October 25, 1996.


Attorney(s) appearing for the Case

Stephen E. Klein and Daniel S. Zegarski, for appellant.

Joseph A. Dunn, for appellee.


FAIN, Judge.

Defendant-appellant Erb Lumber Company ("Erb") appeals from a judgment of the trial court sustaining an objection filed by defendant-appellee Cole, Acton, Harmon & Dunn ("Cole") as to the proposed distribution to Erb of sale proceeds arising from the judicial sale of foreclosed property. Erb contends that its failure to include the correct name of the owner of the property in its affidavit for mechanic's lien, in violation of R.C. 1311.06, was not...

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