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PARKWEST HOMES, LLC v. BARNSON

No. 38919.

302 P.3d 18 (2013)

PARKWEST HOMES, LLC, an Idaho limited liability company, Plaintiff-Appellant, v. Julie G. BARNSON, an unmarried woman; and Mortgage Electronic Registration Systems, Inc., a Delaware corporation, as nominee for Homecomings Financial, LLC aka Homecomings Financial Network, Inc., Defendants, and Residential Funding Real Estate Holdings, LLC, a Delaware limited liability company, Intervenor-Respondent.

Supreme Court of Idaho, Boise, December 2012 Term.

April 18, 2013.

Attorney(s) appearing for the Case

Moffatt Thomas Barrett Rock & Fields, Chtd, Boise, attorneys for Appellant. Robert Burns argued.

Hawley, Troxell, Ennis & Hawley, LLP, Boise, attorneys for Respondent. Geoffrey Wardle argued.

SUBSTITUTE OPINION, THE COURT'S PRIOR OPINION DATED FEBRUARY 4, 2013 IS HEREBY WITHDRAWN

W. JONES, Justice.

I. NATURE OF THE CASE

This is an appeal from an order granting summary judgment in an action to foreclose a mechanic's lien by ParkWest Homes, LLC ("ParkWest") against Julie Barnson ("Barnson") and Mortgage Electronic Services, Inc. ("MERS"). In ParkWest Homes, LLC v. Barnson, 149 Idaho 603,

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