Marion Metal & Roofing Co. v. Mark Twain Marine Industries, Inc.

Defendant, Mark Twain Marine Industries, Inc. (hereinafter referred to as Mark Twain), appeals from an order granting the motion of plaintiff, Marion Metal and Roofing Co., Inc. (hereafter referred to as Marion Metal), for summary judgment in an action to foreclose a mechanics’ lien against Mark Twain’s property. Mark Twain maintains that the granting of the motion for summary judgment was improper because of the existence of a genuine issue as to a material fact. We do not, however, reach the merits of the appeal because of a jurisdictional defect that we raise upon our own motion.

Plaintiff,…