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WINTERS EXCAVATING v. WILDWOOD DEVELOPMENT

No. SD 30612.

341 S.W.3d 785 (2011)

WINTERS EXCAVATING, INC., Plaintiff-Appellant, v. WILDWOOD DEVELOPMENT, L.L.C., Allen Surveying, Inc., and S.G. Duncan Construction, Inc., Defendants, Reinvestment Enterprises, L.L.C., and First Bank Of The Lake, Defendants-Respondents.

Missouri Court of Appeals, Southern District, Division One.

May 24, 2011.

Attorney(s) appearing for the Case

Gregory David Williams , Williams Law Firm, Sunrise Beach, MO, for Appellant.

Michael L. McDorman , Lake Ozark, MO, for Respondent First Bank of the Lake.

John David Landwehr , Jefferson City, MO, for Respondent Reinvestment Enterprises, L.L.C.

GARY W. LYNCH, Judge.

Winters Excavating, Inc. ("Winters") filed an action seeking to enforce its mechanic's lien against certain real estate in Camden County and for recovery based on quantum meruit against the former and present property owners for excavation services it provided in the development of the real estate. The trial court, finding that Winters's mechanic's lien was invalid and unenforceable, denied its petition to enforce but entered judgment in its...

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