Whitney Bank v. Triangle Construction Company, Inc.

CHAMBERLIN, JUSTICE, DISSENTING:

¶ 24. Because I believe that the majority opinion goes against good policy and, more importantly, almost seventy years of precedent, I dissent.

¶ 25. As a preliminary matter, our caselaw is clear that the construction lender is entitled to priority over the materialmen in the amount that went into the construction of the project. Riley Building Supplies, Inc. v. First Citizens Nat'l Bank , 510 So.2d 506 , 508 (Miss. 1987) ; Guaranty Mortg. Co. of Nashville v. Seitz , 367 So.2d 438 , 441-442 (Miss. 1979) ; First Nat'l Bank of Greenville v. Virden , 208 Miss. 679…