Legal Opinion

Lyman Lumber Co. v. Dior Development, Inc.

Court of Appeals of Minnesota

Decided July 14, 1987No. C8-86-2138, CX-86-2139, C6-86-2140 and C8-86-2141PublishedCited by 2 opinions

1Opinion of the Court

OPINION

WOZNIAK, Judge.

Appellant Sedgwick Heating and Air Conditioning, a mechanic’s lien claimant, appeals from the trial court’s judgment dismissing its third-party complaint, which attempted to implead the mortgagee and its assignee into the action to litigate priority. We affirm.

FACTS

This appeal consolidates four mechanic’s lien actions, each relating to separate parcels of property, in which Sedgwick is a mechanic’s lien claimant and respondents Building Material Wholesalers and its subsidiary (BMW) are mortgagees. BMW is now the owner of the parcels through mortgage foreclosure.

Lyman…

2Cases cited3 opinions

  1. Elzie v. Commissioner of Public SafetySupreme Court of Minnesota · 1980
  2. Pischke v. KellenCourt of Appeals of Minnesota · 1986
  3. Browne v. Aetna Casualty & Surety Co.Court of Appeals of Minnesota · 1985

3Cited by2 opinions

  1. Mavco, Inc. v. EgginkSupreme Court of Minnesota · 2007
  2. Acrometal Companies, Inc. v. First American Bank of BrainerdCourt of Appeals of Minnesota · 1991

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