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FOOTHILL PARK, LC v. JUDSTON, INC.

No. 20070353-CA.

182 P.3d 924 (2008)

2008 UT App 113

FOOTHILL PARK, LC, Plaintiff and Appellee, v. JUDSTON, INC., a Utah corporation, Defendant, Third-party Plaintiff, and Appellant, v. North Star Companies, Inc., Third-party Defendant.

Court of Appeals of Utah.

April 3, 2008.

Attorney(s) appearing for the Case

Dane L. Hines, Provo, for Appellant.

Stephen Stoker, Salt Lake City; and Genevieve G. Gribble, North Salt Lake, for Appellee.

Before Judges BENCH, BILLINGS, and McHUGH.

OPINION

McHUGH, Judge:

¶ 1 Judston, Inc. (Judston) challenges the trial court's ruling that Judston's mechanics' lien was invalid and subject to the provisions of the wrongful lien statute. We affirm the trial court's ruling on the validity of the mechanics' lien but reverse the award under the wrongful lien statute.

BACKGROUND

¶ 2 The facts in this case are uncontested. In October of...

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