JOHN HOLMES CONST. v. R.A. McKELL EXCAVATING, INC.

No. 20041048.

131 P.3d 199 (2005)

2005 UT 83

JOHN HOLMES CONSTRUCTION, INC., a Utah corporation, and Coulter & Smith Ltd., a Nevada corporation, Plaintiffs and Respondents, v. R.A. McKELL EXCAVATING, INC., a Utah corporation, and Rick McKell, an individual, Defendants and Petitioners.

Supreme Court of Utah.

Rehearing Denied January 6, 2006.


Attorney(s) appearing for the Case

P. Bruce Badger, Douglas J. Payne, Salt Lake City, for plaintiffs.

Jack W. Reed, James L. Warlaumont, Timothy J. Curtis, Salt Lake City, for defendants.


WILKINS, Associate Chief Justice:

¶ 1 R.A. McKell Excavating, Inc. and Rick McKell (McKell) ask us to review the court of appeals's decision to affirm the district court's grant of partial summary judgment in favor of John Holmes Construction, Inc., and its successor in interest Coulter & Smith, Ltd., (collectively, Holmes). Holmes sought relief from a mechanic's lien that McKell had placed on Holmes's property. In addition, McKell seeks reversal of the court...

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