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LINCOLN BANK v. CONWELL CONST.

No. 41A01-0812-CV-575.

911 N.E.2d 45 (2009)

LINCOLN BANK, Appellant, v. CONWELL CONSTRUCTION, Hedger Construction, Inc., Mitchell Construction, Inc., The Nichols Group, L.L.C., Grady Brothers, Inc., Daniel P. Nichols, Rebecca S. Nichols, Philip D. Nichols and Jennifer Nichols, Appellees.

Court of Appeals of Indiana.

August 10, 2009.

Attorney(s) appearing for the Case

James B. Chapman II, Dann Pecar Newman & Kleiman, P.C., Indianapolis, IN, Attorney for Appellant.

Robert M. Frye, Mary F. Schmid, Stewart & Irwin, P.C., Indianapolis, IN, Attorneys for Appellees, Conwell Construction, Hedger Construction, Inc., and Mitchell Construction, Inc.

Terrence L. Brookie, Julia Blackwell Gelinas, Brian M. Falcon, Frost Brown Todd LLC, Indianapolis, IN, Attorneys for Appellees, Grady Brothers, Inc.

OPINION

BAILEY, Judge.

Case Summary

This dispute concerns a real estate developer and its five creditors. Lincoln Bank appeals the trial court's order in which it concluded that Lincoln Bank's mortgage was merely equal in priority to four mechanic's liens. We reverse and remand with instructions, holding that the mortgage has priority over the mechanic's liens.

Issue

Lincoln Bank...

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