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McNair Builders, Inc. v. Taylor

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Argued October 14, 2008

Before RUIZ, GLICKMAN, and FISHER, Associate Judges.

This appeal arises from appellant’s filing of a notice to enforce a mechanic’s lien on appellee’s property, which, in turn, led to appellee’s underlying lawsuit challenging appellant’s enforcement of the lien as unlawful and a slander of title. This appeal presents two issues: first, whether this court has jurisdiction pursuant to the collateral order doctrine to review the Superior Court’s denial of appellant’s motion for summary judgment on the ground that appellant’s conduct in enforcing the mechanic’s lien is immunized by the judicial proceeding privilege; and, if so, whether the judicial proceedings privilege applies to the filing of a mechanic’s lien by a party. We decide that in light of the Supreme Court’s decisions in Will v. Hallock, 546 U.S. 345 (2006), and Mohawk Industries, Inc. v. Carpenter, 130 S.Ct. 599 (2009), which refined application of the collateral order doctrine, we do not have jurisdiction to hear this interlocutory appeal. Therefore, we have no need to answer the question on the merits concerning application of the judicial proceeding privilege to mechanic’s liens. Review of that issue will have to await a final judgment in Superior Court. We therefore remand with instructions that the trial court continue with the proceedings.

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