Hoppes Builders & Development Co. v. Hurren Builders, Inc.

Fain, Judge.

Defendant-appellant Erb Lumber Company (“Erb”) appeals from a judgment of the trial court sustaining an objection filed by defendant-appellee Cole, Acton, Harmon & Dunn (“Cole”) as to the proposed distribution to Erb of sale proceeds arising from the judicial sale of foreclosed property. Erb contends that its failure to include the correct name of the owner of the property in its affidavit for mechanic’s lien, in violation of R.C. 1311.06, was not fatal to its lien in light of the liberal interpretation afforded to mechanic’s lien statutes. Accordingly, Erb claims that it was…