WILLIAM DONALD SCHAEFER, Governor                            Ch. 516

(4) AFTER THE FILING OF AN ANSWER SHOWING CAUSE WHY A
BROKER'S LIEN SHOULD NOT BE ESTABLISHED IN THE AMOUNT CLAIMED, THE
COURT SHALL SCHEDULE A HEARING AT THE EARLIEST POSSIBLE TIME.

(B) (1) (I) IF THE PLEADINGS, AFFIDAVITS, AND ADMISSIONS ON FILE
AND THE EVIDENCE, IF ANY, SHOW THAT THERE IS NO GENUINE DISPUTE AS TO ANY
MATERIAL FACT AND THAT THE LIEN SHOULD ATTACH AS A MATTER OF LAW, THEN
THE COURT SHALL ISSUE A FINAL ORDER ESTABLISHING THE LIEN FOR WANT OF
ANY CAUSE SHOWN TO THE CONTRARY.

(II) IF IT APPEARS THAT THERE IS NO GENUINE DISPUTE AS TO
ANY PORTION OF THE BROKER'S LIEN CLAIM, THEN THE VALIDITY OF THAT
PORTION SHALL BE ESTABLISHED AND THE ACTION SHALL PROCEED ONLY ON THE
DISPUTED AMOUNT OF THE BROKER'S LIEN CLAIM.

(2)      IF THE PLEADINGS, AFFIDAVITS, AND ADMISSIONS ON FILE AND THE
EVIDENCE, IF ANY, SHOW THAT THERE IS NO GENUINE DISPUTE AS TO ANY
MATERIAL FACT AND THAT THE PETITIONER FAILED TO ESTABLISH THE BROKER'S
RIGHT TO A BROKER'S LIEN AS A MATTER OF LAW, THEN THE COURT SHALL ISSUE A
FINAL ORDER DENYING THE LIEN FOR CAUSE SHOWN.

(3)      IF THE COURT DETERMINES FROM THE PLEADINGS, AFFIDAVITS,
AND ADMISSIONS ON FILE AND THE EVIDENCE, IF ANY, THAT THE BROKER'S LIEN
SHOULD NOT ATTACH, OR SHOULD NOT ATTACH IN THE AMOUNT CLAIMED, AS A
MATTER OF LAW, BY ANY FINAL ORDER, BUT THAT THERE IS PROBABLE CAUSE TO
BELIEVE THAT THE PETITIONER IS ENTITLED TO A BROKER'S LIEN, THE COURT
SHALL ENTER AN INTERLOCUTORY ORDER WHICH:

(I)       ESTABLISHES THE BROKER'S LIEN;

(II)     DESCRIBES THE LIEN PROPERTY TO WHICH THE BROKER'S
LIEN ATTACHES;

(III)        STATES THE AMOUNT OF THE CLAIM FOR WHICH PROBABLE
CAUSE IS FOUND;

(IV)    SPECIFIES THE AMOUNT OF THE BOND THAT THE OWNER MAY
FILE TO HAVE THE LIEN PROPERTY RELEASED FROM THE BROKER'S LIEN;

(V)     MAY REQUIRE THE CLAIMANT TO FILE A BOND IN AN AMOUNT
THAT THE COURT BELIEVES SUFFICIENT FOR DAMAGES, INCLUDING REASONABLE
ATTORNEY'S FEES; AND

(VI)    ASSIGNS A DATE FOR THE TRIAL OF ALL MATTERS AT ISSUE IN
THE ACTION, WHICH SHALL BE WITHIN A PERIOD OF 6 MONTHS.

(4)      THE OWNER OR ANY OTHER PERSON INTERESTED IN THE LIEN
PROPERTY MAY MOVE TO HAVE THE BROKER'S LIEN ESTABLISHED BY THE
INTERLOCUTORY ORDER MODIFIED OR DISSOLVED AT ANY TIME.

- 2455 -