First Interstate Bank of Texas v. Hutchens

OPINION

SOSA, Chief Justice.

First Interstate Bank of Texas (the bank) appeals a judgment denying its motion for summary judgment. The bank had sought a judgment declaring that a mechanic’s lien filed by appellee Merle Hutchens, d/b/a Hutchens Mining Co. (Hutchens), was invalid because Hutchens possessed no contractor’s license to perform work for Western Gypsum Co., against which he filed a lien when it did not pay Hutchens for his services. On April 12, 1985, the bank’s predecessor in interest had filed its mortgage encumbering the gypsum company’s real property and mineral rights.

Hutchens…