Wagner v. Robinson

McFADDEN, Judge.

Willard P. Wagner appeals the grant of summary judgment to Nancy E. Robinson in this action arising from Wagner’s work on property owned by Robinson. Wagner argues that the trial court erred in granting summary judgment because issues of material fact are in dispute. We find that Robinson has not shown by undisputed fact that Wagner is barred from enforcing the parties’ 2008 oral agreement or that Wagner did not perform his part of the oral agreement. But we agree with Robinson that the evidence that Wagner failed to file notice of his lien action is undisputed. We therefore…