MISSOURI LAND DEV. SPEC., LLC v. CONCORD EXCA. CO., L.L.C.

Nos. ED 89112, ED 89116.

269 S.W.3d 489 (2008)

MISSOURI LAND DEVELOPMENT SPECIALTIES, LLC, a Limited Liability Company, Respondent/Cross-Appellant, v. CONCORD EXCAVATING COMPANY, L.L.C., et al., Defendants, Thomas Cummings, Trustee, and First Service Bank, Appellants/Cross-Respondents.

Missouri Court of Appeals, Eastern District, Division Two.

Motion for Rehearing and/or Transfer to Supreme Court Denied November 13, 2008.

Application for Transfer Denied December 16, 2008.


Attorney(s) appearing for the Case

John N. Borbonus, St. Louis, MO, for appellants.

Garry K. Seltzer, Diane M. Gray, Clayton, MO, for respondent.


LAWRENCE E. MOONEY, Presiding Judge.

In this mechanic's lien action, the parties appeal from the trial court's judgment entered in favor of the lien claimant. The trial court awarded the claimant a mechanic's lien, but awarded a lien amount that was less than requested. The excluded amount, found nonlienable by the trial court, represents charges for grading and excavating equipment while such equipment sat idle due to a shut-down caused by nonpayment by the general...

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