FRANKLIN BLDG. SUPPLY CO. v. SUMPER

No. 29822.

87 P.3d 955 (2004)

139 Idaho 846

FRANKLIN BUILDING SUPPLY CO., an Idaho Corporation, Plaintiff-Appellant, v. Douglas E. SUMPTER and Pamela K. Sumpter, husband and wife; Sterling Savings Bank, Defendants-Respondents, and Pond Construction, Inc.; Clarence and Susan Pond, husband and wife; Transnation Title & Escrow; CC Cabinets, Inc.; Price Rite Carpets; John W. Ward; Allen Ashby; and John K. Ward d/b/a Ward Plumbing, Defendants.

Supreme Court of Idaho, Boise, November 2003 Term.

Rehearing Denied April 14, 2004.


Attorney(s) appearing for the Case

Jones, Gledhill, Hess, Andrews, Fuhrman, Bradbury & Eiden, PA, Boise, for appellant. Scott D. Hess argued.

Ling & Robinson, Rupert; Stoel Rives, LLP, Boise, for respondent. Thomas A. Banducci argued.


BURDICK, Justice.

Franklin Building Supply filed a materialman's lien on the home of Douglas and Pamela Sumpter after their contractor, Pond Construction, defaulted on its account with Franklin and filed for bankruptcy. The appeal challenges the district court's order holding that the lien was not timely filed and dismissing Franklin's foreclosure proceedings, and the district court's use of the statutory rate of interest to be applied on the lien claim. Because the...

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