Har-Ned Lumber Co. v. Amagineers, Inc.

436 N.W.2d 811, 1989 Minn. App. LEXIS 262, 1989 WL 20480
CourtCourt of Appeals of Minnesota
DecidedMarch 14, 1989
DocketC6-88-1641
StatusPublished
Cited by17 cases

This text of 436 N.W.2d 811 (Har-Ned Lumber Co. v. Amagineers, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Har-Ned Lumber Co. v. Amagineers, Inc., 436 N.W.2d 811, 1989 Minn. App. LEXIS 262, 1989 WL 20480 (Mich. Ct. App. 1989).

Opinions

OPINION

NORTON, Judge.

The trial court determined that service of a mechanics’ lien statement by certified mail pursuant to Minn.Stat. § 514.08, subd. 1(2) (Supp.1983) was accomplished upon the owner of the improved property. We affirm.

FACTS

David Gepner (Gepner) appeals the trial court’s conclusion that Har-Ned Lumber Company (Har-Ned) is entitled to foreclose a mechanics’ lien upon Gepner’s improved property. The facts are not at issue on appeal. Gepner owns a house in Hennepin County and has resided there with his wife and family for the last ten years. In 1983, Gepner contracted with Amagineers, Inc. to construct over $30,000 of improvements to his house. Amagineers, Inc. made arrangements with Har-Ned to furnish the required building materials.

Har-Ned began furnishing materials for the Gepner improvements on January 13, 1984, and within 10 days it served Gepner with a pre-lien notice pursuant to Minn. Stat. § 514.011, subd. 2 (Supp.1983). The pre-lien notice informed Gepner that Har-Ned may enforce a lien upon the improved land if Har-Ned was not paid for materials.

Har-Ned finished providing materials for the Gepner improvements on February 21, 1984, and billed Amagineers, Inc. $12,-062.98. To date, Har-Ned has not been paid.

Har-Ned hired the law firm of Lang, Pauley, and Gregerson to validate and foreclose its mechanics’ lien on Gepner’s property. The firm directed law clerk Lea De-Sousa (DeSousa) to prepare a mechanics’ lien statement to be recorded against the improved property. DeSousa prepared the mechanics’ lien statement (lien statement), completed the affidavit of service by certified mail located on the reverse side of the form, and dated it June 20, 1984. , After a Har-Ned signatory executed the lien statement and DeSousa made copies of the exe[813]*813cuted statement, DeSousa recorded the original lien statement with the Hennepin County Recorder’s Office on June 20, 1984. DeSousa then promptly deposited an envelope containing a service letter addressed to Gepner and a copy of Har-Ned’s executed lien statement into a United States Postal Service (postal service) mailbox. The envelope was properly addressed to Gepner, properly posted for certified mail, and properly affixed with a receipt requesting a record of delivery of the certified mail. The enclosed service letter stated that the enclosed lien statement was being filed against the Gepner property. The lien statement gave notice of Har-Ned’s intent to claim and hold a lien upon the improved property.

In conjunction with the preparation and mailing of the lien statement to Gepner, the Lang firm recorded the certified mailing on the postal service’s Form 3800 receipt. The form documented that certified mail was addressed to Gepner at his home address. The receipt was then stapled to the service letter and placed in the firm’s Har-Ned client file.

Har-Ned commenced its action to foreclose its mechanics’ lien on February 14, 1985. At trial, DeSousa testified that the Lang firm never received from the postal service its receipt of completed delivery of the certified mail to Gepner. After the firm requested that a trace be made for the certified mail, postal authorities notified the Lang firm on August 20, 1984, that it was unable to locate the certified mail and Gepner had failed to reply to their inquiries.

Gepner testified that he received timely pre-lien notice by certified mail advising him of the lien and of his right to withhold money in order to make sure the lien was paid. However, he testified that he never received the lien statement by certified mail. He claimed that he did not receive notice of the foreclosure until he received a telephone call and follow-up letter from DeSousa, even though he was generally aware of the problems between Amagi-neers, Inc. and Har-Ned.

By amended order for judgment entered July 14, 1988, the trial court determined that Har-Ned’s attorney properly prepared a mechanics’ lien statement pursuant to Minn.Stat. § 514.08, subd. 2 (1982), and that the lien statement was timely filed with the Hennepin County Recorder within 120 days from the last date Har-Ned furnished materials to the property pursuant to Minn.Stat. § 514.08, subd. 1(1) (Supp. 1983). The court also determined that service pursuant to Minn.Stat. § 514.08, subd. 1(2) (Supp.1983) was accomplished when Har-Ned’s attorneys placed the certified mail envelope containing a copy of the mechanics’ lien statement into a postal service mailbox within 120 days from the last date Har-Ned furnished materials to the property. The court concluded that Har-Ned is entitled to a lien on the improved property and to foreclose its lien in the amount of $11,816.98 plus interest, costs and disbursements, as well as attorney fees in the amount of $3,556.25.

ISSUES

1. Did the mailing constitute certified mail, where the date of mailing was not recorded on the face of the sender’s own receipt?

2. Did the trial court err in determining that service by certified mail, pursuant to Minn.Stat. § 514.08, subd. 1(2) (Supp.1983), was accomplished when respondent deposited the certified mail envelope containing a copy of the mechanics’ lien statement into a United States Postal Service mailbox within 120 days from the date materials were last furnished?

ANALYSIS

Standard of Review

The amended judgment appealed from was entered pursuant to the trial court’s findings and conclusions. “The findings of a trial court sitting without a jury will not be set aside unless they are clearly erroneous.” Wellens v. Thuening, 393 N.W.2d 302, 304 (Minn.Ct.App.1986). The burden is on appellant to show that there is no substantial evidence reasonably tending to sustain the trial court’s findings. Id. In [814]*814reviewing questions of law, however, this court is not required to defer to the trial court’s findings. Huynh v. Illinois Farmers Insurance Co., 421 N.W.2d 390, 391 (Minn.Ct.App.1988), pet. for rev. denied (Minn. May 18,1988). In fact, any findings of fact influenced by errors of law will be set aside. Chin v. Zoet, 418 N.W.2d 191, 195-196 (Minn.Ct.App.1988).

I.

Gepner contends that Har-Ned failed to comply with the minimum requisites of certified mail. He maintains that Har-Ned’s failure to physically record the date of mailing on the sender’s Form 3800 receipt violates postal regulations and renders the service insufficient.

Prior to trial, counsel for the parties stipulated that “the sole issue for the [cjourt’s determination is whether [Har-Ned] * * * served the lien statement” (emphasis added). The court was not asked to determine whether the requisites of certified mail had been satisfied.

Minn.Stat. § 514.08, subd. 1(2) (Supp. 1983) does not specify the requisites for certified mail. Appellant substantially complied with applicable postal service regulations. On appeal, the parties have submitted excerpts from the U.S. Postal Service’s Domestic Mail Manual. The Manual requires the sender to “mark” the sender’s certified mail Form 3800 receipt to show the date of mailing. 24 Domestic Mail Manual, § 912.44.

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Har-Ned Lumber Co. v. Amagineers, Inc.
436 N.W.2d 811 (Court of Appeals of Minnesota, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
436 N.W.2d 811, 1989 Minn. App. LEXIS 262, 1989 WL 20480, Counsel Stack Legal Research, https://law.counselstack.com/opinion/har-ned-lumber-co-v-amagineers-inc-minnctapp-1989.