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  5. 685 N.E.2d 183 (1997)
 

JOHN WENDT & SONS v. EDWARD C. LEVY CO.

No. 71A03-9706-CV-184.

685 N.E.2d 183 (1997)

JOHN WENDT & SONS, Appellant-Plaintiff, v. EDWARD C. LEVY COMPANY, et al., Appellee-Defendant.

Court of Appeals of Indiana.

Rehearing Denied January 27, 1998.

Attorney(s) appearing for the Case

Susan A. Hoffleder, Fred R. Haines, South Bend, for Appellant-Plaintiff.

Timothy J. Abeska, David R. Kibbe, Roemer and Mintz, South Bend, for Appellee-Defendant.

OPINION

HOFFMAN, Judge.

Appellant-plaintiff John Wendt & Sons (Wendt) appeals the trial court's order which required Wendt to release liens and a notice to owner of personal responsibility, for which the court ordered substitution of a letter of credit for amounts Wendt alleges appellee-defendant Edward C. Levy Company (Levy) owes Wendt in Levy's capacity as landowner and beneficiary of labor and construction

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