312 Ga. App. 200
Ga. Ct. App.2011Background
- C.W. Matthews filed a lien against Federal Trust Bank's property for work on a 12.67-acre parcel; later amended to recover under the lien discharge bond.
- Bank purchased a 1.8-acre tract within the parcel; Matthews sought a special lien and then lien-discharge-bond recovery after nonpayment.
- Lien filed September 12, 2007; work completed June 13, 2007; amount due initially $134,858.77 but lien asserted at $105,475.77.
- Trial court granted Matthews summary judgment on the lien-discharge-bond claim; Bank’s motion for summary judgment denied.
- Key legal issue concerns the meaning of “three months” under the 1991 version of OCGA § 44-14-361.1 and whether it was computed as calendar months.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Meaning and computation of three months. | Matthews: three months means calendar months (June 13–Sept 12). | Bank: three months equates to 90 days. | Three months computed as calendar months; timely filing. |
| Whether the lien attached to Federal Trust Bank's property. | Matthews proved work on 12.67-acre property, including Tract 1 owned by Bank. | Bank argued work primarily benefited all phases, not solely Bank’s parcel. | Evidence supported that the Bank’s parcel was part of the improved property; lien valid. |
| Timeliness and enforceability of lien under the lien-discharge bond. | Bond covers recovery on the amount due for work on the property. | No separate issue beyond three-month timing and ownership scope. | Summary judgment proper; lien-discharge-bond recovery affirmed. |
Key Cases Cited
- English v. Ozburn, 59 Ga. 392 (Ga. 1877) (defines calendar month for purpose of three-month period)
- Zepp v. Brannen, 283 Ga. 395 (Ga. 2008) (dicta not controlling when not essential to decision)
- Taverrite v. Lowe's of Franklin, 166 Ga.App. 346 (Ga. Ct. App. 1983) (materialman entitlement under lien when evidence shows materials delivered)
- Stonepecker, Inc. v. Shepherd Constr. Co., 188 Ga.App. 513 (Ga. Ct. App. 1988) (timing and enforcement of liens under applicable statutes)
- Pacific Southern Mtg. Trust v. Melton, 151 Ga.App. 593 (Ga. Ct. App. 1979) (precedent on lien timing and enforcement under lien statute)