Gauzy Excavating & Grading Co. v. Kersten Homes, Inc.

LIMBAUGH, Judge.

Plaintiff Gauzy Excavating and Grading Company (“Gauzy”) sued Kersten Homes, Inc., Christopher Kersten, and others to enforce a mechanic’s hen on Lots 2, 3, 4, and 5 of Kersten Place Subdivision in Hazelwood, Missouri. The trial court found that a valid mechanic’s hen existed and entered judgment in favor of Gauzy. On appeal, defendants assert, inter alia, that the trial court erred in entering judgment on the mechanic’s hen because Gauzy had not given the notice required under § 429.012.1, RSMo 1986. A panel of the Court of Appeals, Eastern District, affirmed by a 2-1 vote,…