Court of Appeals of Missouri, Southern District, Second Division
APPEAL FROM THE CIRCUIT COURT OF GREENE COUNTY. Honorable J. Dan Conklin, Circuit Judge.
For Appellant: Steven E. Marsh, Hulston, Jones & Marsh, LLC, Springfield, Missouri.
For Respondents: Lynn C. Rodgers, EVANS & DIXON, LLC, Springfield, Missouri.
MARY W. SHEFFIELD, P.J. -- concurs, NANCY STEFFEN RAYMEYER, J. -- concurs.
GARY W. LYNCH,
Roy Medlin appeals the trial court's judgment ordering partial satisfaction of judgment and full release and discharge of a mechanic's lien previously imposed by a judgment entered on June 30, 2008. Finding no error as alleged by Medlin, we affirm.
Factual and Procedural Background
Medlin, d/b/a Medlin Excavating, was subcontracted by RLC, Inc. (" RLC" ), in April 1999 to provide subdivision development services in connection with the construction of Augusta Heights Subdivision Phase 2, including lots 1 through 31, in Willard, Greene County, Missouri. Medlin provided services until on or about December 10, 1999. Medlin's demand for payment of $36,397.19 was refused by RLC, and on May 15, 2000, Medlin filed a statement of mechanic's lien in the amount of $36,397.19. On November 14, 2000, he brought an action for breach of contract and enforcement of mechanic's lien.
Medlin's action against RLC resulted in a final judgment on June 30, 2008 (" Original Judgment" ). Medlin v. RLC, Inc., 423 S.W.3d 276, 284 (Mo.App. 2014) (" Medlin I" ). Medlin did not challenge this judgment by appeal or seek relief under Rule 74.06. Id. at 285. As noted by our court in Medlin I, the Original Judgment, as relevant here, provided:
Therefore, based on the foregoing, the Court enters Judgment and Orders in favor of [Medlin] and against [RLC] as follows:
Judgment is entered for [Medlin] against [RLC] under Count II in the principal amount of $34,508.83, together with prejudgment interest at the legal rate of 9% on $28,000 from the date of May 22, 2000, plus attorney fees in the amount of $10,050.
The foregoing judgment shall be secured by a judgment of mechanic's lien entered under Count I in the amount of $34,508.83 in favor of [Medlin] against Real ...