Overberg Decorating Center v. Selbah

GARY M. GAERTNER, Presiding Judge Appellants appeal from summary judgment in favor of respondent on respondent's petition
to enforce mechanic's lien filed against real estate in Jefferson County. Defendant Selbah Properties, Inc., the developer,
and appellant-defendants Douglas Draper, trustee for Hillsboro Title Company, Hillsboro Title Company, Inc., a beneficiary
under a deed of trust, Michael Nava, trustee for Boatmen's National Bank of Hampton, and Boatmen's National Bank of St. Louis,
a beneficiary under a deed of trust, all have or had some interest in the real estate. Finding no issue of material fact before
it, the trial court entered a judgment in favor or respondent as a matter of law. On appeal appellants argue that respondent's
mechanic's lien is invalid because respondent failed to provide the owner with the required statutory notice pursuant to RSMo
§ 429.012.1 (1986). We affirm. Respondent and appellants stipulated as to the relevant facts and both moved for summary judgment. After reviewing all pleadings,
answers to interrogatories, requests for admissions and respondent's motion for summary judgment, and having no opposing affidavits
before it, the trial court found no issue of fact existed and entered judgment in favor or respondent as a matter of law.
Summary judgment was proper for there was no issue of fact before the trial court. Hill v. McDonald's Corp., 709 S.W.2d 169,
170 (Mo. App., E.D. 1986). We therefore review for error of law.