Legal Opinion · Concurrence

Brentwood Glass Company, Inc. v. Pal's Glass Service, Inc., Clayco, Inc., Cornerstone VI, LLC, St. Louis County, National City Bank of the Midwest, N.A., Paul M. Macon, UMB Bank, N.A., and Victor Zarilli

Supreme Court of Missouri

Decided August 23, 2016No. SC94038Published

1Concurrence

GEORGE W. DRAPER III, JUDGE

I concur with the holdings in sections IA, II-A and -B, and III of the per curiam opinion. I respectfully dissent. from the holding in I-B because, while Brentwood Glass may have had the legal right to perfect its mechanic’s lien against Cornerstone’s leasehold interest, I believe its failure to comply with section 429.08(1, RSMo Supp. 2005,1 precludes Brentwood Glass from doing so.

I further dissent from the per curiam opinion’s holding in section II-C, which reverses the circuit court’s entry of summary judgment in the defendants’ favor, finding there are genuine…

2Cases cited5 opinions

  1. Sears, Roebuck & Co. v. Seven Palms Motor Inn, Inc.Supreme Court of Missouri · 1975
  2. Putnam v. HeathmanMissouri Court of Appeals · 1963
  3. Missouri Land Development Specialties, LLC v. Concord Excavating Co.Missouri Court of Appeals · 2008
  4. Gill v. HarrisMissouri Court of Appeals · 1930
  5. Winters Excavating, Inc. v. Wildwood Development, L.L.C.Missouri Court of Appeals · 2011

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