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NU-WAY DRYWALL COMPANY, INC. v. FIRST PLACE BANK

No. 2011-CA-000242-MR.

NU-WAY DRYWALL COMPANY, INC., APPELLANT, v. FIRST PLACE BANK; MARK WHEATLEY; UNKNOWN SPOUSE OF MARK WHEATLEY; SMI NEW HOME SOLUTIONS, LLC; VALERIE SUSAN WHEATLEY; CITY OF FLORENCE; BOONE READY-MIX, INC.; AND COUNTY OF BOONE, KENTUCKY, APPELLEES.

Court of Appeals of Kentucky.

June 15, 2012.

Attorney(s) appearing for the Case

John E. Lange, IV , Newport, Kentucky, BRIEF FOR APPELLANT.

Christopher M. Hill , Frankfort, Kentucky, BRIEF FOR APPELLEE FIRST PLACE BANK.

Dale T. Wilson , Florence, Kentucky, BRIEF FOR APPELLEE CITY OF FLORENCE.

BEFORE: CAPERTON, KELLER, AND THOMPSON, JUDGES.

NOT TO BE PUBLISHED

OPINION

THOMPSON, JUDGE.

Nu-Way Drywall Company, Inc. appeals from an In Rem Judgment and Order of Sale entered by the Boone Circuit Court in a foreclosure action filed by First Place Bank. Nu-Way contends that the circuit court erroneously determined that mortgages held by First Place Bank had first priority in foreclosure over a judgment lien held by Nu-Way. After careful review, we affirm.

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