R.E.X., Inc. v. Trio Foods Enterprises, Inc.

St. Paul Fire and Marine Insurance Company (St. Paul) appeals a decision by the Circuit Court of Cabell County requiring St. Paul, as surety, to pay under its bond all the damages and attorney’s fees assessed against Trio Foods Enterprises, Inc., d/b/a Showbiz Pizza Place and Huntington Entertainment Limited Partnership (Trio Foods) in the underlying civil action instituted by R.E.X., Inc. (R.E.X.) against Trio Foods. On appeal St. Paul maintains that the circuit court erred in failing to hold that its bond was an injunction bond with damages limited to those arising from the injunction.…