Frank N. Gustafson & Sons, Inc. v. Walek

OPINION

FAY, Chief Justice.

The plaintiff, Frank N. Gustafson & Sons, Inc., appeals from a Superior Court order issued on February 23, 1990, granting the motion of the defendant, Thomas R. Walek, to dismiss the mechanic’s lien petition of the plaintiff. The plaintiff claims that the trial justice erred when he dismissed the plaintiffs petition (1) by applying the procedural requirement of the mechanic’s lien statute and (2) by failing to exercise discretion. For the reasons set forth herein, we sustain the plaintiff’s appeal and reverse the judgment of the Superior Court.

Before we analyze the…