Butler Supply, Inc. v. Coon's Creek Inc., WD56721

CourtCourt of Appeal of Missouri (US)
Writing for the CourtPER CURIAM
Citation999 S.W.2d 748
Docket NumberWD56721
Decision Date07 September 1999
PartiesButler Supply, Inc., a Corporation, Respondent, v. Coon's Creek, Inc., a Corporation, Defendant, LaPlata State Bank, Appellant. WD56721 Missouri Court of Appeals Western District 0

Butler Supply, Inc., a Corporation, Respondent,
v.
Coon's Creek, Inc., a Corporation, Defendant, LaPlata State Bank, Appellant.

WD56721

Missouri Court of Appeals Western District

09/07/99

Appeal From: Circuit Court of Macon County, Hon. James P. Williams

Counsel for Appellant: Seth D. Shumaker

Counsel for Respondent: Garry Seltzer

Opinion Summary: LaPlata State Bank appeals the judgment of the trial court granting Butler Supply Company a mechanic's lien with priority over the interests of LaPlata on the real property at issue in the case. On appeal, LaPlata contends that the trial court erred in finding that Butler's mechanic's lien takes priority over the deeds of trust granted to LaPlata because the deeds of trust were recorded prior in time to the date on which Butler's mechanic's lien arose and because the trial court failed to make the findings necessary to award Butler's mechanic's lien priority over its deeds of trust.

Division Three holds: The trial court did not err in finding that Butler's mechanic's lien takes priority over LaPlata's deeds of trust, both as to the land and the improvements. LaPlata's deeds of trust were not purchase money deeds of trust to secure the repayment of funds used to purchase the land. Butler's mechanic's lien attached prior to LaPlata's interests--with the commencement of work on the property.

Smith and Howard, JJ., concur.

Robert G. Ulrich, Judge

LaPlata State Bank appeals the judgment of the trial court granting Butler Supply Company a mechanic's lien with priority over the interests of LaPlata on the real property at issue in the case. On appeal, LaPlata contends that the trial court erred in finding that Butler's mechanic's lien takes priority over the deeds of trust granted to LaPlata because the deeds of trust were recorded prior in time to the date on which Butler's mechanic's lien arose and because the trial court failed to make the findings necessary to award Butler's mechanic's lien priority over its deeds of trust. The judgment of the trial court is affirmed.

FACTS

Coons' Creek, Inc. acquired the real property at issue in this case by warranty deed on March 12, 1997. LaPlata State Bank provided Coons' Creek a loan in the amount of $100,000 on April 15, 1997, that was secured by a deed of trust on the land. LaPlata recorded the deed of trust with the Macon County Recorder on April 17, 1997. An initial advance on the loan was granted on April 15, 1997, in the amount of...

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2 practice notes
  • Glenstone Block Co. v. Pebworth, No. SD 28734.
    • United States
    • Court of Appeal of Missouri (US)
    • 1 Octubre 2008
    ...it, it is against the weight of the evidence, or it erroneously declares or applies the law. Butler Supply, Inc. v. Coon's Creek, Inc., 999 S.W.2d 748, 749 (Mo.App.1999). Subject to certain exceptions,9 the general rule is that "[m]echanic's liens do not take precedence over a purchase......
  • State v. Daniel, No. 75082.
    • United States
    • Court of Appeal of Missouri (US)
    • 14 Septiembre 1999
    ...purpose. We have, however, provided a memorandum opinion for the use of the parties only setting forth the reasons for our decision. 999 S.W.2d 748 We affirm the judgment pursuant to Rule...
2 cases
  • Glenstone Block Co. v. Pebworth, No. SD 28734.
    • United States
    • Court of Appeal of Missouri (US)
    • 1 Octubre 2008
    ...it, it is against the weight of the evidence, or it erroneously declares or applies the law. Butler Supply, Inc. v. Coon's Creek, Inc., 999 S.W.2d 748, 749 (Mo.App.1999). Subject to certain exceptions,9 the general rule is that "[m]echanic's liens do not take precedence over a purchase......
  • State v. Daniel, No. 75082.
    • United States
    • Court of Appeal of Missouri (US)
    • 14 Septiembre 1999
    ...purpose. We have, however, provided a memorandum opinion for the use of the parties only setting forth the reasons for our decision. 999 S.W.2d 748 We affirm the judgment pursuant to Rule...

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