Brea v. MPS Industries, Inc.

PEARSON, Judge.

The appellants, Dr. and Mrs. Brea, were the defendants in an action to foreclose a mechanic’s lien 1 brought by a materialman, MPS Industries, Inc. The trial court struck an affirmative defense filed by the defendants and thereafter entered a summary final judgment of foreclosure. The facts were undisputed and the points presented urge an error of law in striking the affirmative defense. We affirm.

The defendant owners entered into a contract with a general contractor to build a residence for $158,600.00. A notice of commencement was filed. Some proper payments were made to the…