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READY CABLE v. RJP SOUTHERN COMFORT HOMES

No. 03-08-00652-CV.

295 S.W.3d 763 (2009)

READY CABLE, INC., Appellant, v. RJP SOUTHERN COMFORT HOMES, INC., Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled September 21, 2009.

Attorney(s) appearing for the Case

C.D. Peebles, The Peebles Law Firm, Southlake, TX, for Appellant.

Christopher Stanley, Christopher Stanley & Associates, P.C., Georgetown, TX, for Appellee.

Before Justices PATTERSON, PEMBERTON and WALDROP.

OPINION

G. ALAN WALDROP, Justice.

This suit involves whether a subcontractor may enforce a statutory materialman's lien against a property owner when the county clerk refused to accept the subcontractor's timely delivered lien affidavit for filing. See Tex. Prop.Code Ann. § 53.052(a) (West 2007). We hold that where there is no legitimate basis for the clerk's refusal to file the lien affidavit...

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