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U.S. Filter Distribution Group Inc. v. Barnett

The time computation method of O.C.G.A. § 1-3-1 d 3, allowing additional time if a filing deadline falls on a weekend, does not apply to the 3-month deadline for filing a materialman's lien.

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We granted U.S. Filter Distribution Group, Inc.’s “U.S. Filter” motion for interlocutory review to determine whether the time computation method adopted in OCGA § 1-3-1 d 3 applies to the filing of materialman’s liens. We conclude that it does not, and affirm the trial court’s denial of U.S. Filter’s motion for summary judgment.

This case involves a suit to foreclose a materialman’s lien. The record shows that Ranger Construction contracted with Jimmy Barnett and Buckeye Land & Timber Co., Inc. “Barnett and Buckeye”, the appellees, to install a water system in connection with the development of a residential subdivision. Ranger Construction installed the subdivision’s water system pipes, valves and fire hydrants. U.S. Filter supplied the materials Ranger Construction used to install the water system.

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