Legal Opinion
D. C. Ecker Construction, Inc. v. Ponce Investment, LLC
Court of Appeals of Georgia
Decided November 25, 2008No. A08A1017PublishedCited by 3 opinions
1Opinion of the Court
SMITH, Presiding Judge.
D. C. Ecker Construction, Inc. (“Ecker Construction”) appeals from the trial court’s order dismissing its lien foreclosure claim. In its sole enumeration of error on appeal, Ecker Construction contends that the trial court erred by concluding that its mechanic’s lien claim must be dismissed because it was untimely as a matter of law. For the reasons set forth below, we agree and reverse.
We review a trial court’s grant of a motion to dismiss de novo. Ga. Lien Svcs. v. Barrett, 272 Ga. App. 656, 657 (1) (613 SE2d 180) (2005). “A motion to dismiss may be granted only where…
2Cases cited6 opinions
- Georgia Lien Services, Inc. v. BarrettCourt of Appeals of Georgia · 2005
- L & W Supply Corp. v. Whaley Constr. Co.Court of Appeals of Georgia · 1990
- Field v. MednikowCourt of Appeals of Georgia · 2006
- Georgia North Contracting, Inc. v. Haney & Haney Construction & Management Corp.Court of Appeals of Georgia · 1992
- Central Atlanta Tractor Sales, Inc. v. Athena Development, LLCCourt of Appeals of Georgia · 2008
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Sun Nurseries, Inc. v. Lake Erma, LLCCourt of Appeals of Georgia · 2012
- Johnson v. BOARD OF COM'RS, BIBB COUNTYCourt of Appeals of Georgia · 2010
- Sun Nurseries, Inc. v. W. D. EverittCourt of Appeals of Georgia · 2012