Legal Opinion

Total Restoration Inc. v. Merritt

Court of Appeals of Utah

Decided August 24, 2017No. 20160374-CAPublishedCited by 1 opinion

1Opinion of the Court

Opinion

ORME, Judge:

¶ 1 This ease involves a mechanic’s lien that, while invalid, was not wrongful. The lien claimant appeals the trial court’s order that denied its request for attorney fees and awarded costs to the homeowners. We affirm in part and reverse in part.

¶ 2 In 2008, the home of Vernon and Sandra Merritt was damaged by flooding after a pipe in their sprinkler system burst. The Merritts’ property manager contacted Total Restoration Inc., which performed flood-remediation work on the home. Total Restoration was never paid for its services.

¶ 3'Total Restoration recorded a mechanic’s…

2Cases cited7 opinions

  1. Smith v. Fairfax Realty, Inc.Utah Supreme Court · 2003
  2. Arbogast Family Trust v. River Crossings, LLCUtah Supreme Court · 2010
  3. Price-Orem Investment Co. v. Rollins, Brown & Gunnell, Inc.Court of Appeals of Utah · 1989
  4. Carter v. UNIVERSITY OF UTAH MEDICAL CENTERUtah Supreme Court · 2006
  5. Bay Harbor Farm, LC v. SumsionCourt of Appeals of Utah · 2014

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3Cited by1 opinion

  1. Fuja v. AdamsCourt of Appeals of Utah · 2021

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