Marks Landscape & Paving Co. v. R.P.B. Industrial Park, Inc.

GUNTHER, Judge.

Marks Landscape & Paving Co., (Marks), appeals a final judgment entered in favor of R.P.B. Industrial Park, Inc., (Park). We reverse.

Marks sued Park and Pipeworks Enterprises, Inc. (Pipeworks) seeking foreclosure of Marks’ mechanics’ lien and damages for breach of contract. The claims were based upon paving work Marks performed on Park’s property pursuant to a contract with Pipeworks. Prior to trial, Marks dismissed Pipeworks. At the conclusion of the trial, the trial court ruled in favor of Park denying foreclosure of Marks’ mechanics’ lien.

We agree with Marks’ assertion that…