specially concurring.
I write only to express my disagreement with the approach of the dissent. I believe the issue of damages for “mental anguish” is non-existent in the present case.
The answer and cross-complaint of the respondents does not seek damages for “mental anguish,” but rather for slander of title, impairment of credit, inconvenience and discomfort, embarrassment, and humiliation. The findings of fact, conclusions of law, and judgment of the trial court only find and award general damages, with no mention therein of “mental anguish.” Likewise, the majority opinion today only affirms the award of general damages, with no mention therein of “mental anguish.” It is only the contention of the appellant which translates the damage portion of respondents’ answer and counterclaim into the term “mental anguish.” The dissent accepts that translation of terms and thus engages in battle over a non-existent straw man.
In the instant action, Hunt filed a lien against respondents’ property and instituted the present action, in which he made claim for damages for lost business profits and loss of business reputation by reason of being unable to pay his creditors. On an uncontested motion for summary judgment those claims of Hunt were denied and the district judge concluded that the Hunt claims asserted in his principal action “were without foundation.” In the trial of respondents’ causes of action against Hunt, the evidence was more than sufficient to support an award of géneral damages as found after trial to the court based on slander of title, impairment of credit, inconvenience and discomfort. In my view, the groundless filing of a lien against respondents’ property prima facie is a slander of title and an impairment of respondents’ credit. Additionally, evidence taken from the standpoint of respondents would indicate inconvenience from the uninhabitability of the structures resulting from defects in the construction. In my view, all of the above evidence more than adequately supports the award of general damages made by the trial court which made no reference to “mental anguish.”