United Electric Co. v. Underground Festival, Inc.
United Electric Co. v. Underground Festival, Inc.
Opinion of the Court
Appellant-plaintiff in this lien foreclosure action appeals from the grant of summary judgment in favor of appellee-defendants. Unless otherwise specified, the relevant facts are the same as those in D & N Elec. v. Underground Festival, 202 Ga. App. 435 (414 SE2d 891) (1991).
1. Construing the evidence of record most favorably for appellant, appellee Underground Festival, Inc. (UFI) “is the ‘true owner’ against whose interest in the property a viable lien can attach. [Cits.]” D & N Elec. v. Underground Festival, supra at 436 (1).
2. Under a proper construction of the evidence of record, the lack of any immediate contract between UFI and appellant would likewise not constitute a viable basis for the grant of summary judgment in favor of UFI. D & N Elec. v. Underground Festival, supra at 437 (2).
3. Here, unlike D & N Elec. v. Underground Festival, supra at 437 (3), UFI relies upon an affidavit obtained from the contractor with whom appellant had contracted. This affidavit was. dated June
4. Assuming, without deciding, that our holding in Divisions 1 and 2 would not otherwise be applicable to appellee Jacqueline Amirmonazah, our holding in Division 3 would be.
Judgments affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.