Allied Electrical Contractors, Inc. v. Kern & Co.

Pope, Judge.

Appellant subcontractor brought this action for foreclosure of a materialman’s lien against appellee landowner and also the general contractor, Contel Construction Company. Appellant has been unable to locate Contel Construction in order to effect service of process upon it. Appellee answered the complaint and subsequently moved for and was granted summary judgment. The trial court found substantial compliance with the several statutory prerequisites to foreclosure of the subject lien “with the exception that the notice clearly was not executed under oath.”

In order to make good a…