Calton Properties, Inc. v. Ken's Discount Building Materials, Inc.

Robert H. Dudley, Justice.

The materialmen’s lien statutes contain a fifteen month limitation for the commencement of an action either to foreclose a lien or to proceed against a bond discharging a lien. Service of process was not had in this case until more than forty-seven months after the filing of the complaint and no order was obtained extending the time for service. The trial court granted a default judgment againt the bond. We reverse and dismiss. This case was certified to us by the Court of Appeals under Rule 29 (l)(c).

From June 12, 1978, the appellee, Ken’s Discount Building…