Legal Opinion

F & M Bank & Trust Co. v. Gardner Construction Co.

Court of Civil Appeals of Oklahoma

Decided January 6, 2012No. 108,443. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 1Published

1Opinion of the Court

Opinion by

LARRY JOPLIN, Vice-Chief Judge.

¶ 1 In a foreclosure action, mechanic's and materialman's lien (lien) claimant, Gardner Construction Company (Gardner), Defendant/Appellant, seeks review of the trial court's order granting the summary judgment motion of Plaintiff/Appellee, F & M Bank and Trust Company (F & M), which determined the mortgage held by F & M was superior to the lien held by Gardner, relating to real property and improvements owned by Rodney and Karen Biddle in Broken Arrow, Oklahoma. 1 While the final partial judgment for Plaintiff and decree of foreclosure issued by the…

2Cases cited5 opinions

  1. Brown v. Alliance Real Estate GroupSupreme Court of Oklahoma · 1999
  2. Vance v. Federal National Mortgage Ass'nSupreme Court of Oklahoma · 1999
  3. Sisemore v. VoelkleSupreme Court of Oklahoma · 1957
  4. AMERICAN BANK OF OKLAHOMA v. WagonerCourt of Civil Appeals of Oklahoma · 2010
  5. Johnson v. FugateSupreme Court of Oklahoma · 1956

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