Taverna v. Bank of America

Appellant Mario Taverna (“Taverna”) challenges entry of judgment in favor of Marisela Fonseca (“Fonseca”) on his claims relating to the guaranty of an underlying debt owed by an entity known as Taverna Imports, Inc. (“Taverna Inc.”). We reverse and remand for a new trial.

In the underlying action, Bank of America filed suit against Taverna Inc. to collect on a line of credit which had gone into default. The bank also made claims against both Taverna and Fonseca as guarantors of the line of credit. Taverna filed a cross-claim for indemnity against Fonseca, also asserting Fonseca was a guarantor…