PROVIDENT BANK v. TRI-COUNTY SOUTHSIDE

No. 49A02-0304-CV-341.

804 N.E.2d 161 (2004)

The PROVIDENT BANK, Appellant-Defendant, v. TRI-COUNTY SOUTHSIDE ASPHALT, INC., Appellee-Plaintiff.

Court of Appeals of Indiana.

February 27, 2004.


Attorney(s) appearing for the Case

A. Donald Wiles, II, Mark W. Pfeiffer, Harrison & Moberly, Indianapolis, IN, Douglas Haman, Cincinnati, OH, for Appellant.

Robert G. Elrod, Jonathan R. Elrod, Elrod & Mascher, Indianapolis, IN, for Appellee.


OPINION

BAKER, Judge.

This case presents an issue of priority between the lien of a mortgage on real estate with a residence thereon and a mechanic's lien for the value of a driveway constructed on the property after the mortgage had been recorded. Appellant-defendant Provident Bank ("Provident"), the holder of the mortgage lien, appeals the trial court's entry of summary judgment in favor of the appellee-plaintiff Tri-County Southside Asphalt, Inc. ("Tri...

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