Louisiana Brick & Tile Corp. v. Browning

MARVIN, Judge.

Plaintiff materialman appeals from a judgment rejecting its demands for recognition of a materialman’s lien for brick furnished by it for the construction of a residence on defendant’s property. The lower court found the lien was not filed within the 60-day period after construction was abandoned. R.S. 9:4812.

The 60-day lien period begins to run in such cases from the time the abandonment becomes or should become reasonably apparent. Gaston v. Stover, 126 So.2d 360 (La.App. 2d Cir. 1960). The time when the abandonment becomes apparent is primarily a factual determination…