Legal Opinion

Tarlton v. Miller's of Claflin, Inc.

Court of Appeals of Kansas

Decided April 2, 2010No. 101,968PublishedCited by 4 opinions

1Opinion of the Court

McAnany, J.:

Miller’s of Claflin, Inc. (Miller), and S&H Lumber Co. (S&H), appeal the district court’s cancellation of their claimed mechanics’ Hens on the home of Kris and Sara Tarlton (Tarltons) based upon the finding that Miller and S&H failed to properly perfect their liens as subcontractors.

Facts

The Tarltons engaged Chad Gisick, d/b/a Gisick Construction, to serve as the general contractor in the construction of their new home. They made periodic progress payments to Gisick for work done on the project, apparently based on representations from Gisick but without obtaining hen waivers from…

2Cases cited10 opinions

  1. Fireman's Fund Insurance Co., in No. 75-2405 v. Videfreeze Corporation, and David E. Chinnery Development Corp., Inno. 75-2406Court of Appeals for the Third Circuit · 1976
  2. Double M Construction, Inc. v. State Corp. CommissionSupreme Court of Kansas · 2009
  3. Reliance Life Ins. Co. v. BurgessCourt of Appeals for the Eighth Circuit · 1940
  4. Travelers Insurance v. GreenoughSupreme Court of New Hampshire · 1937
  5. Preferred Acc. Ins. Co. Of N. Y. v. GrassoCourt of Appeals for the Second Circuit · 1951

5 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Brown Commercial Construction Co. v. Corbin Park, L.P. (In Re Corbin Park, L.P.)Bankruptcy Appellate Panel of the Tenth Circuit · 2012
  2. In Re Corbin Park, L.P.United States Bankruptcy Court, D. Kansas · 2010
  3. In re Lien Against the District at City CenterCourt of Appeals of Kansas · 2020
  4. Tarlton v. MILLER'S OF CLAFLIN, INC.Court of Appeals of Kansas · 2010

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