Dobyns Construction, Inc. v. Taylor

Fairfax County Circuit Court

Dobyns Construction, Inc. v. Taylor

14 Va. Cir. 324, 1989 Va. Cir. LEXIS 7

CourtFairfax County Circuit Court

DecidedFebruary 13, 1989

DocketCase No. (Chancery) 106630; Case No. (Law) 84856

StatusPublished

This text of 14 Va. Cir. 324 (Dobyns Construction, Inc. v. Taylor) is published on Counsel Stack Legal Research, covering Fairfax County Circuit Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dobyns Construction, Inc. v. Taylor, 14 Va. Cir. 324, 1989 Va. Cir. LEXIS 7 (Va. Super. Ct. 1989).

Pincite

Opinion

By JUDGE J. HOWE BROWN

Dobyns Construction, Inc. ("Dobyns") filed a mechanic’s lien on property owned by Samuel A. and Angela D. Taylor (collectively "Taylor") on January 27, 1988. Dobyns filed a Bill to Enforce on May 3, 1988. On May 18, 1988, Taylor filed a law action against Dobyns, alleging, among other matters, that Dobyns breached the contract which is the subject of the mechanic’s lien. Dobyns wants the Court to refer the mechanic’s lien case to a Commissioner. Taylor wants to delay referral until a jury trial can be had on the law case.

The Bill to Enforce should be referred to a Commissioner. Mechanic’s liens are traditionally referred to a Commissioner. The landowner is a party to the Bill to Enforce [325]*325and may raise defenses in that case. The landowner may not defeat the Bill or delay it by filing a separate law action.

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By JUDGE J. HOWE BROWN

Dobyns Construction, Inc. ("Dobyns") filed a mechanic’s lien on property owned by Samuel A. and Angela D. Taylor (collectively "Taylor") on January 27, 1988. Dobyns filed a Bill to Enforce on May 3, 1988. On May 18, 1988, Taylor filed a law action against Dobyns, alleging, among other matters, that Dobyns breached the contract which is the subject of the mechanic’s lien. Dobyns wants the Court to refer the mechanic’s lien case to a Commissioner. Taylor wants to delay referral until a jury trial can be had on the law case.

The Bill to Enforce should be referred to a Commissioner. Mechanic’s liens are traditionally referred to a Commissioner. The landowner is a party to the Bill to Enforce [325]*325and may raise defenses in that case. The landowner may not defeat the Bill or delay it by filing a separate law action.

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Bluebook (online)

14 Va. Cir. 324, 1989 Va. Cir. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dobyns-construction-inc-v-taylor-vaccfairfax-1989.