Lyda Swinerton Builders, Inc. v. Cathay Bank

MAJORITY OPINION

J. BRETT BUSBY, Justice.

This lien priority case comes to us on appeal from the trial court’s rulings on cross-motions for final summary judgment. The appeal presents two issues involving two special types of real property liens.

We first address the scope of a builder’s release of its mechanic’s lien. See generally Tex. Prop.Code Ann. Ch. 53 (West 2007 & Supp.2012). We conclude that the release at issue here did exactly what it purported to do: it released a previous mechanic’s hen on one of the tracts of land at issue. The release did not mention the underlying debt or the…