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T & R FLOORING, LLC v. O'BYRNE

No. A12-1777.

826 N.W.2d 833 (2013)

T & R FLOORING, LLC, Respondent, v. Beverly J. O'BYRNE, et al., Appellants, Eastwood Bank, Respondent, Mac's Plumbing Service, Inc., et al., Respondents, Johnson Comfort Systems, Inc., Respondent.

Court of Appeals of Minnesota.

February 14, 2013.

Attorney(s) appearing for the Case

Paul H. Grinde , Ryan & Grinde, Ltd., Rochester, MN, for respondent T & R Flooring, LLC.

David W. VanDerHeyden , Brian J. Ellsworth , VanDerHeyden Law Office, P.A., Rochester, MN, for appellants.

Mark E. Fosse , Dunlap & Seeger, P.A., Rochester, MN, for respondent Eastwood Bank.

Daniel P. Doda , Doda & McGeeney, Rochester, MN, for respondents Mac's Plumbing Service, Inc., et al.

Jed J. Hammell , Rippe, Hammell & Murphy, P.L.L.P., Caledonia, MN, for respondent Johnson Comfort Systems, Inc.

Considered and decided by JOHNSON, Chief Judge; STAUBER, Judge; and CHUTICH, Judge.

SPECIAL TERM OPINION

JOHNSON, Chief Judge.

This appeal is taken from a judgment that determined the respondents' claims concerning the validity, amount, and priority of certain mechanics' liens. The judgment is a partial judgment because of the pendency of appellants' counterclaims, which also concern the validity of the mechanics' liens and, in addition, seek to offset the amounts of the liens against the...

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