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Lang v. Brand-Vaughan Lumber Co. Inc.

The Dormancy Statute precluded lumber company's suit against property owner to foreclose on a materialman's lien to recover the price of materials sold to contractor and used to construct property owner's home.

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Brand-Vaughan Lumber Company BVL sued Donna Lang, the property owner, to foreclose on a materialman’s lien to recover the price of materials sold to Diamond Development Group, Inc., the contractor Diamond, and used to construct Lang’s home. The trial court granted summary judgment to BVL, and Lang appeals, contending that the trial court erred by ruling that 1 OCGA § 9-12-60 a the Dormancy Statute did not bar foreclosure on the lien more than seven years after the lien was perfected, and 2 the lien could be foreclosed upon despite Lang’s alleged lack of notice of the underlying judgment and lien. Because the Dormancy Statute precludes BVL’s suit in this case, we reverse.

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. 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.1

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