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LANE MYERS CONST. v. COUNTRYWIDE HOME LOANS

No. 20101047-CA.

287 P.3d 479 (2012)

2012 UT App 269

LANE MYERS CONSTRUCTION, LLC, Plaintiff and Appellant, v. COUNTRYWIDE HOME LOANS, INC.; National City Bank of Indiana; Dick Kyker; Kim Kyker; All Stone Masonry, LLC; Sunset Drywall, Inc.; Vander Veur Insulations, Inc.; Mountainview Builders Supply, Inc.; National City Bank; and Does 1-10, Defendants and Appellees.

Court of Appeals of Utah.

September 27, 2012.

Attorney(s) appearing for the Case

Rick L. Sorensen , Salt Lake City, for Appellant.

Leslie Van Frank and Bradley M. Strassberg , Salt Lake City, for Appellee Countrywide Home Loans, Inc.

Lincoln Harris , Zachary E. Peterson , and Paul P. Burghardt , Salt Lake City, for Appellee National City Bank of Indiana.

Before Judges McHUGH, VOROS, and ROTH.

OPINION

ROTH, Judge:

¶ 1 Lane Myers Construction, LLC (Lane Myers) challenges the award of attorney fees to Countrywide Home Loans, Inc. (Countrywide) pursuant to section 38-1-18 of the Utah Mechanics' Lien Act on the basis that Countrywide was not the successful party. See generally Utah Code Ann. § 38-1-18(1) (2010) (current version at id. § 38-1a-707(1) (Supp. 2012)) ("[I]n any action...

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