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Hill v. VNS Corp.

Court of Appeals of Georgia

October 15, 2014

HILL
v.
VNS CORPORATION et al

Materialman's lien. Greene Superior Court. Before Judge Prior.

Martin L. Fierman, for appellant.

Robinson & Blazer, Scott B. Fields, for appellees.

MILLER, Judge. Doyle, P. J., and Dillard, J., concur.

OPINION

Page 877

Miller, Judge.

VNS Corporation d/b/a Choo Choo Lake Oconee (" VNS" ) sued Craig Hill to enforce a materialman's lien on Hill's real property. Hill appeals from the trial court's order granting summary judgment to VNS, contending that factual questions remain regarding the amount of the materialman's lien. For the following reasons, we agree. Therefore, we reverse and remand.

Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 (c). A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.

(Citation omitted.) Vulcan Constr. Materials v. Franklin Builders Properties, 298 Ga.App. 120, 121 (679 S.E.2d 356) (2009).

So viewed, the evidence shows that Hill is the owner of real property (the " Property" ) located in Greene County. Hill contracted with Bonacori Custom Homes of Georgia, LLC (" BCH" ) for the construction of a home on the Property. Between June 26 and August 30, 2012, BCH purchased materials from VNS for use in the construction of Hill's home.

Hill paid BCH a total of $254,336.25, including $89,836.25 for building materials supplied by VNS. Hill also paid $57,653.10 directly to VNS for custom-made materials which were ordered for, but not delivered to, the Property.

[329 Ga.App. 275] On October 25, 2012, after BCH failed to pay for all of the materials supplied by VNS for the construction of Hill's home, VNS filed a materialman's lien against the Property in

Page 878

the amount of $44,175.99. The next day, VNS filed suit for breach of contract and other claims against BCH and Richard L. Buonocore, Jr. (hereinafter, the " Buonocore defendants" ). VNS also sued Hill contending that VNS was ...


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