National Enterprises, Inc. v. Vinas

National Enterprises, Inc. (“National”), plaintiff below, appeals a jury verdict in favor of the defendant, Hector Viñas, finding that Viñas was not liable as guarantor on a promissory note. The trial court granted Viñas’ motion for attorney’s fees and costs. We affirm the jury’s verdict; and for the following reasons, we reverse the award of attorney’s fees and costs.

National purchased a discounted promissory note executed by Century Park Plaza, Inc., and personally guaranteed by Viñas, Century Park’s president. Prior to the sale of the note, however, the seller entered into a settlement…