Summer's Enterprise, Inc. v. Hudson Land Development, LLC
Summer's Enterprise, Inc., Plaintiff-Appellee/Cross-Appellant,
vs.
Hudson Land Development, LLC, Defendant-Appellant/Cross-Appellee,
and
Artesian Earthworks, LLC, Defendant.
Attorney for Appellant
Gregory G.T. Ervanian and Joseph Cacciatore
Attorney for Appellee
Todd J. Locher
Court of Appeals
Court of Appeals Opinion
Opinion Number:
Date Published:
Summary
Appeal from the Iowa District Court for Black Hawk County, Andrea J. Dryer, Judge. AFFIRMED ON APPEAL AND CROSS-APPEAL; REMANDED WITH INSTRUCTIONS. Considered without oral argument by Tabor, C.J., Sandy, J., and Vogel, S.J. Opinion by Tabor, C.J. (14 pages)
Summers’ Enterprise, Inc., sued Hudson Land Development, LLC, and Artesian Earthworks, LLC, to foreclose a mechanic’s lien against real estate that Hudson owned. The district court entered judgment for Summers. Hudson appeals, raising three claims: (1) Summers and Artesian did not enter an oral contract; (2) Iowa Code section 572.11 (2020) bars the mechanic’s lien against Hudson; and (3) all sums to which Artesian was entitled under its contract with Hudson were paid before Summers filed its mechanic’s lien. On cross-appeal, Summers claims it has a right to interest on the judgment at a rate of two percent per month. Summers also seeks appellate attorney fees. OPINION HOLDS: On the first claim, we decline to reach the merits because Hudson failed to preserve error. On Hudson’s remaining claims, we reach the same conclusions as the district court. Thus, we affirm the judgment foreclosing the mechanic’s lien. We also deny Summers’s cross-appeal claim. Finally, we remand for the district court to order Hudson to pay Summers’s reasonable appellate attorney fees.
