Englewood Construction, Inc. v. J.P. McMahon Properties, LLC

In a case arising out of a mechanic’s lien and brought under the Mechanics Lien Act, plaintiff and counter-defendant appealed from the trial court’s partial grant of defendant and counter-plaintiff’s first motion for summary judgment that invalidated the counter-defendant’s lien and the trial court’s partial grant of the defendant/counter-plaintiff’s second motion for summary judgment on its claim to quiet title and corresponding award of compensatory judgment. Counter-defendant also appealed from sanctions imposed against it by the trial court. The appellate court reversed and remanded finding, among other things, that the validity of the lien was not properly determined by summary judgment and neither was the claim to quiet title. (DAVENPORT and BERTANI, concurring)