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Seaboard Constr. Co. v. Kent Realty Brunswick LLC

The aggregate amount of materialman's liens exceeded the remaining contract price for improvements made or services performed on the property and the liens were therefore excessive and invalid.

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Seaboard Construction Company “Seaboard” appeals from the trial court’s grant of Kent Realty Brunswick, LLC’s “Kent’s” motion for summary judgment, and the court’s denial of its motion for summary judgment. For the following reasons, we affirm in part and reverse in part.

On appeal from the grant or denial of summary judgment, this court applies a de novo standard of review. Woodcraft by MacDonald, Inc. v. Ga. Cas. and Sur. Co., 293 Ga. 9, 10 743 SE2d 373 2013. Summary judgment is proper when there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. OCGA § 9 11 56 c. We must view the evidence, and all reasonable inferences drawn therefrom, in the light most favorable to the nonmovant. Matjoulis v. Integon Gen. Ins. Corp., 226 Ga. App. 459 1 486 SE2d 684 1997.

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