Arnold Owens, Inc. v. Balido

BARKDULL, Chief Judge.

Appellant, defendant in the trial court, appeals an adverse final decree in a mechanic’s lien foreclosure action.

It appears from the record on appeal that the appellee, a general contractor in privity with the defendant-owner, instituted a suit to foreclose a mechanic’s lien against the appellant. He attached a copy of a contractor’s affidavit and a copy of the claim of lien to the complaint and, the day after the filing of the complaint, filed a notice of lis pendens. A motion to dismiss was filed by the defendant urging a failure to state a cause of action, in that…