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FEITLER v. SPRINGFIELD ENTERPRISES, INC.

No. 17A04-1206-PL-297.

981 N.E.2d 155 (2013)

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.

January 23, 2013.

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, Edmund P. Kos , Fort Wayne, IN, Attorney for Appellee, J. Laurie Commercial Floors, LLC.

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

OPINION ON REHEARING

BRADFORD, Judge.

In our original opinion in this case, we concluded, inter alia, that the trial court erred in concluding that Appellee JM Woodworking could hold a mechanic's lien against the property of Appellants. JM failed to issue a pre-lien notice, which we concluded it was required to do if it wished to hold a mechanic's lien. JM now seeks rehearing, and we grant for the limited purpose of revising our previous disposition...

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