Bush Construction MacHinery, Inc. v. Kansas City Factory Outlets, L.L.C.

HAROLD L. LOWENSTEIN, Judge.

Bush Construction Machinery, Inc. (Bush) filed its second appeal from the trial court’s judgment dismissing its petition, which included a count for enforcement of a mechanic’s lien against property in Odessa owned by the Kansas City Factory Outlets, L.L.C. (Respondents), for the nonpayment of equipment rental fees. This court dismissed Bush’s first appeal for lack of jurisdiction because the trial court had neither addressed a count for quantum meruit nor had made an express determination that there was no reason for just delay under Rule 74.01(b). Because…