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FEITLER v. SPRINGFIELD ENTERPRISES, INC.

No. 17A04-1206-PL-297.

978 N.E.2d 1160 (2012)

Fred C. FEITLER, Mary Anna Feitler, and The Feitler Family Trust, Appellants/Defendants/Counterclaim Defendants/Cross-Claim Defendants, v. SPRINGFIELD ENTERPRISES, INC., Appellee/Plaintiff/Counterclaim Defendant/Cross-Claim Defendant, J. Laurie Commercial Floors, LLC, d/b/a Jack Lauries Floor Designs, Appellee/Counterclaim Plaintiff/Cross-Claim Plaintiff/Third-Party Plaintiff/Cross-Claim Defendant, and JM Woodworking Company, Appellee/Third-Party Defendant/Cross-Claim Plaintiff.

Court of Appeals of Indiana.

November 7, 2012.

Attorney(s) appearing for the Case

James O. Waanders , Indianapolis, IN, Donald J. Stuckey , Auburn, IN, Attorneys for Appellants.

Stephen J. Harants , Miller & Harants, New Haven, IN, Attorney for Appellee Springfield Enterprises, Inc.

Jeremy J. Grogg , Burt, Blee, Dixon, Sutton & Bloom, LLP, Fort Wayne, IN, Edmund P. Kos , Fort Wayne, IN, Attorneys for Appellee J. Laurie Commercial Floors, LLC.

W. Erik Weber , Mefford, Weber and Blythe, PC, Auburn, IN, Attorney for Appellee JM Woodworking Company.

OPINION

BRADFORD, Judge.

At some point in mid-2010, Fred and Mary Anna Feitler, who were the sole beneficiaries of a land trust that owned real estate in DeKalb County, contracted with Cedar Creek Homes ("CCH") to build a house on the property. Among other things, the Feitlers and CCH agreed that no mechanic's lien could attach to the property in the event of nonpayment. CCH engaged several subcontractors, including Springfield Enterprises, J. Laurie Commercial...

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