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REPORTED IN THE COURT OF SPECIAL APPEALS OF MARYLAND No. 2763 September Term, 1999

RIDGE HEATING, AIR CONDITIONING AND PLUMBING, INC.

v.

ROBERT S. BRENNEN, ET UX.

Davis, Thieme, Kenney, JJ.

Opinion by Davis, J. Dissenting Opinion by Kenney, J.

Filed: November 13, 2000

On

September

30,

1998,

appellant

Ridge

Heating,

Air

Conditioning and Plumbing, Inc. filed a two-count Complaint to Establish and Enforce a Mechanics' Lien against appellees Robert S. Brennen and Elizabeth P. Brennen in the Circuit Court for Baltimore (Cadigan, County. J.) issued On an October Order 5, to 1998, Show the Cause circuit to court

appellees

inquiring why the lien in the amount claimed should not attach to appellees' property. Appellees filed a Verified Answer on

October 22, 1998, denying liability on the grounds that they were not indebted to their general contractor, Timberwood

Construction (Timberwood). At the show cause hearing on November 12, 1998, the parties agreed, by Consent Order, that the matter should be set for trial in the normal course, pursuant to Maryland Rule

304(e)(2)(E), and that no final lien would be entered at that stage of the proceedings. Following discovery, appellees filed Appellant filed

a Motion for Summary Judgment on May 9, 1999.

its Answer and Memorandum in Opposition to Motion for Summary Judgment. On December 29, 1999, the circuit court issued its Opinion and Order granting appellees' motion for summary judgment and entered Appellant judgment in favor of appellees and against appellant. filed this timely appeal, presenting one question,

which we rephrase as follows:

- 2 Did the trial court err in applying Real Property

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