Legal Opinion

Mavco, Inc. v. Eggink

Court of Appeals of Minnesota

Decided August 29, 2006No. A05-2018PublishedCited by 2 opinions

1Opinion of the Court

OPINION

FORSBERG, Judge.*

On appeal in this mechanic’s lien foreclosure action, appellant construction company argues that (1) respondent mortgagee is not protected by the statute of limitations in Minn.Stat. § 514.12, subd. 3 (2004), because the mortgage was issued after appellant’s mechanic’s lien was filed and the mortgage was not recorded until after appellant’s mechanic’s lien action was started; and, alternatively, (2) the district court should have allowed appellant to amend its complaint to relate back under Minn. R. Civ. P. 15.03 to give appellant’s mechanic’s lien priority over the…

2Cases cited5 opinions

  1. Hokanson v. GundersonSupreme Court of Minnesota · 1893
  2. Ryan Contracting, Inc. v. Jag Investments, Inc.Supreme Court of Minnesota · 2001
  3. Morrison County Lumber Co. v. DuclosSupreme Court of Minnesota · 1917
  4. RB Thompson, Jr. Lumber v. Windsor Dev.Court of Appeals of Minnesota · 1986
  5. Beberman v. BebermanSupreme Court of Minnesota · 1954

3Cited by2 opinions

  1. Mavco, Inc. v. EgginkSupreme Court of Minnesota · 2007
  2. Mavco, Inc. v. EgginkCourt of Appeals of Minnesota · 2006

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