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BALE v. BARNHART

No. 4-02-0729.

798 N.E.2d 750 (2003)

343 Ill. App.3d 708

278 Ill.Dec. 366

Martin L. BALE, d/b/a Bale Excavating and Farm Drainage, Plaintiffs-Appellants, v. William F. BARNHART; Maridel L. Barnhart, a/k/a Debbie Barnhart; The Huntington Mortgage Company; Unknown Owners and Non-Record Claimants, Defendants-Appellees.

Appellate Court of Illinois, Fourth District.

Rehearing Denied November 18, 2003.

Attorney(s) appearing for the Case

Douglas A. Muck, Muck & Muck, Lincoln, for Martin L. Bale.

Barbara Snow Mirdo, Thielen Law Offices, Bloomington, for William F. Barnhart.

Jill D. Rein, Pierce & Associates, P.C., Chicago, for The Huntington Mortgage Co.

Justice KNECHT delivered the opinion of the court:

Plaintiff Martin L. Bale, d/b/a Bale Excavating and Farm Drainage, filed suit against defendants, William F. Barnhart, Maridel L. Barnhart, and Huntington Mortgage Company (Huntington), seeking to foreclose a mechanic's lien. Defendants separately moved to dismiss the complaint under section 2-619 of the Code of Civil Procedure (Code) (735 ILCS 5/2-619 (West 2002)). The circuit court held the claim for lien improperly...

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