CAROLINA HOLDINGS MIDWEST, LLC v. COPOULS

No. CX-02-1200.

658 N.W.2d 236 (2003)

CAROLINA HOLDINGS MIDWEST, LLC, a Delaware limited liability company, d/b/a Inter State Lumber, Respondent, v. James A. COPOULS, et al., Appellants, Citizens State Bank of Waverly, et al., Defendants, Scherer Bros. Lumber Co., Respondent, Flare Heating & Air Conditioning, Respondent, and Scherer Bros. Lumber Co., Defendant and Third Party, Plaintiff, v. Robb Gass, individually, Third Party, Defendant, and Carolina Holdings Midwest, LLC, a Delaware limited liability company, d/b/a Inter State Lumber, Plaintiff and Third Party, Plaintiff, v. Littfin Lumber Company, d/b/a Littfin, Third Party, Defendant, and Robb Gass Construction, Inc., Defendant and Second Third Party, Plaintiff, v. Britt J. and Michele Willis, d/b/a Design Classics Custom Home Designers, et al., Second Third Party, Defendants.

Court of Appeals of Minnesota.

April 1, 2003.


Attorney(s) appearing for the Case

John G. Westrick, Tammy L. Merkins, Westrick & McDowall Nix, P.L.L.P., St. Paul, MN, for appellants.

Michael J. Dupont, William M. Hennessey, Wagner, Falconer & Judd, Ltd., Minneapolis, MN, for respondent, Carolina Holdings Midwest.

Jonathan M. Bye, Lindquist & Vennum, P.L.L.P., Minneapolis, MN, for respondents, Scherer Bros. Lumber Co. and Flare Hearing & Air Conditioning.

Considered and decided by HARTEN, Presiding Judge, PETERSON, Judge, and HALBROOKS, Judge.


OPINION

HARTEN, Judge.

Respondents, subcontractors, filed mechanics' liens on appellants' property. Appellants challenge the district court's determinations that service of both pre-lien notices and lien statements was adequate, that Minn.Stat. § 514.03 (2000) does not limit the amounts of the liens, that respondents are entitled to a personal judgment against appellants for the amount of the liens not satisfied by the foreclosure sale, and that respondents...

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