BANK OF AMERICA NA, SUCCESSOR BY MERGER TO LASALLE BANK NATIONAL ASSOCIATION, Plaintiff-Appellant, vs. OMEGA DESIGN/BUILD GROUP, LLC., TRU WALL CONCRETE, INC., THE OSTERWISCH COMPANY, TRI-STATE CONCRETE, JACOB MASONRY CONTRACTORS, LLC., D.E.P.E., L.L.C., d/b/a PELLA WINDOWS & DOORS, Defendants-Appellees and THE OVERLOOK AT EDEN PARK, ET AL., Defendants., 2011-Ohio-1650

Summary

The bank contested the priority of mechanic's liens over the bank's mortgage regarding a multistory condominium complex. On appeal, the court found that trial court's order was a final appealable order. In addition, the court properly entered partial summary judgment to the mechanic's-lien claimants on the priority of their liens over the bank's mortgage because R.C. 1311.04 did not allow the bank to improve its position in the order of lien priority by terminating the original notice of commencement for the condominium project, recording its mortgage after the termination of the original notice, and then filing a new notice of commencement for the same improvements to the property. The original notice of commencement remained in effect, and the new notice had no legal significance to the issue of priority because it could have done nothing more than relate back to the date of the filing of the original notice. Finally, the court did not abuse its discretion in denying the bank's ...