Government Street Lumber Co. v. Baldwin County Savings & Loan Ass'n
Docket: Civ. 6214
Court: Court of Civil Appeals of Alabama; July 20, 1988; Alabama; State Appellate Court
Government Street Lumber Company, Inc. appeals a trial court ruling that its materialman’s lien is subordinate to two mortgages held by Baldwin County Savings Loan Association (BCSL). The trial court found that the lumber company failed to file its lien within the required six-month period as specified in Ala. Code § 35-11-215. The lumber company claims it filed the lien timely based on an affidavit stating the last delivery occurred on March 28, 1985. However, the trial court determined the last delivery was actually on December 17, 1984, making the filing deadline June 17, 1985. The lumber company filed its lien on September 18, 1985, which was deemed late. The appellate court affirmed the trial court's decision, citing that its ruling must be upheld unless it was clearly erroneous or unjust. The record supported the trial court's findings, confirming the lumber company's failure to meet the statutory requirements for an enforceable lien. Additionally, even if the last delivery date were considered as March 28, 1985, the lumber company still failed to file suit within six months after the maturity of the debt, which is also necessary for lien enforcement. The court rejected the lumber company's references to evidence outside the trial record and concluded that its appeal lacked merit. The judgment of the trial court was affirmed.