Consolidated Systems, Inc. v. AMISUB (McIntosh Trail Regional Medical Center), Inc.
| Decision Date | 13 September 1991 |
| Docket Number | No. S91A0708,S91A0708 |
| Citation | 408 S.E.2d 109,261 Ga. 590 |
| Parties | CONSOLIDATED SYSTEMS, INC. v. AMISUB (McINTOSH TRAIL REGIONAL MEDICAL CENTER), INC. |
| Court | Georgia Supreme Court |
J. Caleb Clarke, III, Culbreth & Clarke, Atlanta, for Consol. Systems, Inc.
Newton M. Galloway, Mullins, Whalen & Shepherd, Griffin, Charles C. Black, Bannister and Black, Austell, for Amisub.
The appellant, Consolidated Systems, Inc. (hereafter Consolidated), filed a one-count complaint against the appellee, AMISUB (McIntosh Trail Regional Medical Center), Inc., d/b/a AMI Griffin-Spalding County Hospital (hereafter AMI), pursuant to which it sought to compel the sale of real property owned by AMI on which Consolidated had filed a materialman's lien. AMI moved to dismiss the complaint, on the ground the lien was unenforceable because Consolidated had failed to comply with the notice requirements of OCGA § 44-14-361.1(a)(3). Consolidated then amended its complaint by adding two counts. In Count Two Consolidated sought money damages for the value of its materials. In Count Three, Consolidated sought attorney fees and expenses under OCGA § 9-15-14. The trial court treated AMI's motion to dismiss as a motion for summary judgment. After a hearing, the court granted AMI's motion and dismissed Consolidated's complaint, on the ground Consolidated gave defective notice under § 44-14-361.1(a)(3). Consolidated has now filed this appeal, and we affirm in part and reverse in part.
1. Consolidated admits that it gave defective notice under § 44-14-361.1(a)(3), but contends that defective notice should not render a lien unenforceable, and that therefore the trial court erred in granting summary judgment to AMI on Count One of its complaint. We conclude that the filing of imperfect notice does render the lien unenforceable and that the court did not err in granting AMI's motion on Count One.
OCGA § 44-14-361.1 sets forth the requirements for the creation of materialmen's liens, and § 44-14-361.1(a) provides that "on the failure of any of them the lien shall not be effective or enforceable." The creation of liens under § 44-14-361.1 is in derogation of the common law, and strict compliance with the requirements of § 44-14-361.1 is required. Allied Electrical Contractors v. Kern & Co., 184 Ga.App. 747, 748, 362 S.E.2d 452 (1987). Because Consolidated gave defective notice under § 44-14-361.1(a)(3), Consolidated's lien is rendered unenforceable under the plain language of the statute. The trial court thus correctly granted AMI's motion on...
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