Gipson v. Tyson Foods, Inc.

John I. Purtle, Justice.

The trial court dismissed appellant’s complaint in which he sought to enforce a laborers lien and foreclosure action against the ownerappellee. The court dismissed the action because the appellant had not timely joined the contractor as a party to the suit and had not provided the appellee with the notice required by Ark. Stat. Ann. § 51-608.1 (Supp. 1979).

For his appeal the appellant urges that (1) the contractor was not a necessary party under the circumstances; and (2) no prior notice was required to be given by the appellant.

The appellant furnished labor on the…