Truog v. Elbel Construction Co.

HUNTER, Judge.

This is an appeal from a judgment of the Circuit Court of Jackson County dismissing appellant, Red Wing Concrete Construction, Incorporated, (Red Wing) as a party defendant in a mechanic’s lien action for failure to prosecute and assert liens by required timely pleadings.

Because of the complex nature of the case a statement of background is helpful to an understanding of the issues involved. The original party was Dan Truog and Clyde Nichols, Incorporated, plaintiff, who filed mechanic’s liens against certain properties being developed by the Elbel Construction Company (Elbel),…