Builder's Supply Co. v. Compass Bank

On Application for Rehearing

The opinion of March 6, 1998, is withdrawn and the following opinion is substituted therefor.

In August 1996, Compass Bank sued for a judgment declaring that mortgages it held on certain real estate had priority over several other liens on that real estate, including that of Builder's Supply Company, Inc., which claimed a materialman's lien. The trial court entered a summary judgment for Compass, ruling that Compass's mortgages have priority over the other liens. Builder's Supply appeals.

A motion for summary judgment is to be granted when no genuine issue of…