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ELVIN WALKER AND GENE HOFFMAN D/B/A HOFFMAN & WALKER v. BRINK BUILDERS (03/11/83)

March 11, 1983

ELVIN WALKER AND GENE HOFFMAN D/B/A HOFFMAN & WALKER, APPELLANTS
v.
BRINK BUILDERS, INC., A/K/A BRINK CONSTRUCTION, INC., AND B & P DEVELOPMENT, A LIMITED PARTNERSHIP, APPELLEES



No. 539 Pittsburgh, 1981, Appeal from the Judgment entered of the Court of Common Pleas, Civil Division, of Erie County, at No. 244-W-1975.

Before Brosky, Johnson and Montgomery, JJ.

MEMORANDUM

This appeal arises from the trial court's order entering judgment for the appellees, Brink Builders, Inc. (hereinafter "Brink") and B & P Development (hereinafter "B & P"). The order resulted from the finding of the trial court that a mechanics' lien waiver agreement between Brink and B & P was valid as to the third party subcontractors, appellants Hoffman & Walker. Having found that the issues raised by appellant have not been preserved for our review, we dismiss the appeal.

A complaint in this matter was filed by appellants after having received no response to their filed lien claim pursuant to the Mechanics' Lien Law of 1963*fn1 Subsequently, an answer and new matter, reply to new matter, appellant's pretrial narrative, and interrogatories to and answers by appellant were filed. Thereafter, the following occurred:

November 17, 1976: Motion for Summary Judgment filed by

B & P, appellee.

August 3, 1978: Motion to withdraw Motion for Summary

Judgment filed by B & P and granted by

     the trial court.

August 11, 1978: Motion for Summary Judgment filed by

Hoffman & Walker, appellants.

October 11, 1978: Motion filed August 11th denied by

     the trial court by Order and Opinion.

October 17, 1978: Motion for Summary ...


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