J. A. Jensen & Assocs. v. Souder

By JUDGE THOMAS J. MIDDLETON

This case came to be heard on respondent’s Motion to Dismiss complainant’s Bill of Complaint to Enforce Mechanic’s Lien. As a preliminary matter, Virginia practice does not provide for a Motion to Dismiss. As the motion is, in essence, a motion for summary judgment, it shall be treated as such under Rule 2:21 of the Rules of the Supreme Court of Virginia. Upon consideration of the pleadings and applicable case law, the court denies the Motion.

Facts

On or about January 14, 1989, complainant, J. A. Jensen and Associates ("Contractor"), entered into a written contract…