Smith v. James A. Merrill, Inc.

Opinion

HUFFMAN, J.

Plaintiffs William and Nancy Jo Smith and Ralph Wilkerson appeal from a summary judgment entered in favor of defendants James A. Merrill, Inc., James A. Merrill, Kenneth A. Kirkland, and Michael and Claudia Stoneff on plaintiffs’ complaint for declaratory relief. In granting summary judgment, the trial court determined as a matter of law that the remaining proceeds of a trustee’s sale of real property owned by Ralph and Evon Wilkerson should be distributed to Merrill based on Merrill’s judgment lien against the property. Plaintiffs contend Merrill’s judgment lien never…