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ERB LUMBER, INC. v. GIDLEY

Docket No. 202743.

594 N.W.2d 81 (1999)

234 Mich. App. 387

ERB LUMBER, INC., Plaintiff-Appellee, v. Homeowner Construction Lien Recovery Fund, Defendant-Appellant, and Gaylord GIDLEY and Darlene Gidley, Defendants-Appellees, and Standard Federal Bank, Defendant.

Court of Appeals of Michigan.

Decided March 5, 1999, at 9:25 a.m.

Released for Publication June 10, 1999.

Attorney(s) appearing for the Case

UAW-GM Legal Services Plan (by Beth Ellen Everson), Lansing, for Gaylord and Darlene Gidley.

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Michael A. Lockman and Michael G. Frezza, Assistant Attorneys General, and Robert N. Swartz, Special Assistant Attorney General, for the Homeowners Construction Lien Recovery Fund.

Before: MARK J. CAVANAGH, P.J., and MARKMAN and SMOLENSKI, JJ.

MARKMAN, J.

Defendant Homeowner Construction Lien Recovery Fund (the fund) appeals as of right the trial court's ruling that it was responsible for the payment of plaintiff Erb Lumber, Inc.'s construction lien on defendants Gaylord and Darlene Gidley's property. We affirm.

This appeal from an action to foreclose a construction lien on a residential structure presents a dispute between the Gidleys and the fund concerning...

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