George Weis Co. v. LKS Construction & Development Co.

Missouri Court of Appeals

George Weis Co. v. LKS Construction & Development Co.

284 S.W.3d 737, 2009 Mo. App. LEXIS 518, 2009 WL 1058140

CourtMissouri Court of Appeals

DecidedApril 21, 2009

DocketED 92023

StatusPublished

This text of 284 S.W.3d 737 (George Weis Co. v. LKS Construction & Development Co.) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

George Weis Co. v. LKS Construction & Development Co., 284 S.W.3d 737, 2009 Mo. App. LEXIS 518, 2009 WL 1058140 (Mo. Ct. App. 2009).

Pincite

Opinion

ORDER

PER CURIAM.

George Weis Company (hereinafter, Weis”) appeals from the trial court’s grant of summary judgment in favor of New Town Center, LLC, Richard F. Mayer, Trustee, and Bank of Washington (hereinafter and collectively, “Defendants”) on Weis’ petition to enforce a mechanic’s lien. Weis raises two points on appeal, arguing genuine issues of material fact exist such that summary judgment was improper. First, Weis argues summary judgment was granted erroneously in that there were genuine issues of material facts as to whether the mechanic’s lien met the statutory requirements of Section 429.080 RSMo (2000). Second, Weis argues that even if the mechanic’s lien does not comply with the statute, Defendants’ actions prior to this litigation resulted in constructive fraud, thus entitling Weis to an equitable lien against the property to prevent unjust enrichment.

We have reviewed the briefs of the parties and the legal file. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law would have no precedential value. The parties have been furnished with a memorandum for them information only, setting forth the reasons for the order affirming the judgment pursuant to Rule 84.16(b).

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ORDER

PER CURIAM.

George Weis Company (hereinafter, Weis”) appeals from the trial court’s grant of summary judgment in favor of New Town Center, LLC, Richard F. Mayer, Trustee, and Bank of Washington (hereinafter and collectively, “Defendants”) on Weis’ petition to enforce a mechanic’s lien. Weis raises two points on appeal, arguing genuine issues of material fact exist such that summary judgment was improper. First, Weis argues summary judgment was granted erroneously in that there were genuine issues of material facts as to whether the mechanic’s lien met the statutory requirements of Section 429.080 RSMo (2000). Second, Weis argues that even if the mechanic’s lien does not comply with the statute, Defendants’ actions prior to this litigation resulted in constructive fraud, thus entitling Weis to an equitable lien against the property to prevent unjust enrichment.

We have reviewed the briefs of the parties and the legal file. No error of law appears. An extended opinion reciting the detailed facts and restating the principles of law would have no precedential value. The parties have been furnished with a memorandum for them information only, setting forth the reasons for the order affirming the judgment pursuant to Rule 84.16(b).

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Bluebook (online)

284 S.W.3d 737, 2009 Mo. App. LEXIS 518, 2009 WL 1058140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-weis-co-v-lks-construction-development-co-moctapp-2009.