VULCAN CONST. MAT. v. FRANKLIN BLDRS. PROP.

No. A09A0175.

679 S.E.2d 356 (2009)

VULCAN CONSTRUCTION MATERIALS, LP v. FRANKLIN BUILDERS PROPERTIES, INC.

Court of Appeals of Georgia.

May 26, 2009.


Attorney(s) appearing for the Case

Hays & Potter, Bernard Emory Potter, Atlanta, for appellant.

James Jeffries Hopkins, for appellee.


MILLER, Chief Judge.

Vulcan Construction Materials, LP ("Vulcan") filed suit against Franklin Builders Properties, Inc. ("Franklin") to enforce a materialman's lien on Franklin's real property. Vulcan appeals from the trial court's order granting summary judgment in favor of Franklin, arguing that the trial court erred in concluding that Vulcan's suit was barred because its claim of lien failed to state the date Vulcan's claim became due. We agree and reverse.

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