Rorie v. Goodwin

OPINION

JAMES T. WORTHEN, Chief Justice.

Kenneth L. Rorie d/b/a Kentex (“Rorie”) appeals the trial court’s denial of his motion for new trial following a summary judgment granted in favor of James R. Goodwin and wife, Linda B. Goodwin (“Goodwins”). In four issues, Rorie contends that the summary judgment was improperly granted by the trial court. We reverse and remand.

Background

Rorie filed a suit for declaratory judgment against the Goodwins seeking to establish priority of his real estate lien vis-a-vis their lien on the same land. After filing their first Original Answer, the Goodwins filed…