1st Choice Bank v. Fisher Mechanical Contractors, Inc.

Opinion by

Judge RULAND.

In an action to determine the priority of mechanies' liens, plaintiff, lst Choice Bank, appeals from the trial court's order granting summary judgment in favor of defendants Fisher Mechanical Contractors, Inc.; Collins Cashway Lumber, Inc.; and Scott Hergen-reter Electric. We reverse and remand for further proceedings.

As pertinent here, defendant Roger L. Childers obtained a loan from plaintiff for the purpose of purchasing a vacant lot. This loan was secured by a recorded deed of trust.

A month later, Childers obtained another loan from plaintiff secured by a second…