Ready Cable, Inc. v. RJP Southern Comfort Homes, Inc.

OPINION

G. ALAN WALDROP, Justice.

This suit involves whether a subcontractor may enforce a statutory materialman’s lien against a property owner when the county clerk refused to accept the subcontractor’s timely delivered lien affidavit for filing. See Tex. Prop.Code Ann. § 53.052(a) (West 2007). We hold that *764where there is no legitimate basis for the clerk’s refusal to file the lien affidavit, the affidavit should be deemed to have been filed on the date it was delivered for filing. Consequently, we reverse the district court’s judgment and remand to the district court for further proceedings…