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ARIAS v. BROOKSTONE, L.P.

No. 01-05-00746-CV.

265 S.W.3d 459 (2007)

Gustavo ARIAS d/b/a Gus Trucking Service, Appellant, v. BROOKSTONE, L.P. and Liberty Mutual Insurance Company, Appellees. and Site Work Group, Inc., Appellant, v. Gustavo Arias d/b/a Gus Trucking Service, Appellee. and Brookstone, L.P., Appellant, v. Site Work Group, Inc., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Opinion Dissenting from Denial of Rehearing April 3, 2008.

Attorney(s) appearing for the Case

Mary Frances Masterson, Houston, for appellant.

Gary Martin Jewell, Stephen Ray Smith, Christian, Smith & Jewell, LLP, Michael Lance Burnett, Coats, Rose, Yale, Ryman & Lee, P.C., Houston, for appellee.

Panel consists of Justices NUCHIA, KEYES, and HIGLEY.

OPINION

SAM NUCHIA, Justice.

This appeal arises out of disputes over the construction of a new building for the Unity Church of Christianity. Among other things, we must decide whether Property Code section 53.055 requires that a mechanic's, contractor's, and materialman's lien affidavit be filed with the county clerk before the required notice is given. TEX. PROP.CODE ANN. § 53.055 (Vernon Supp.2007). We...

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