Citizens & Southern National Bank v. Easton

Chandler, Justice:

Appellants-Respondents (Eastons) appeal an Order granting a new trial, issued upon the Circuit Court’s own initiative 229 days after judgment. Respondent-Appellant (C&S) has filed a cross-appeal from (1) the denial of its motion for judgment notwithstanding the verdict (JNOV) and (2) the denial of attorneys’ fees. We reverse in part, affirm in part, and remand.

FACTS

C&S commenced an action against the Eastons for collection of amounts owed pursuant to various personal guarantees of corporate1 notes. The Eastons counterclaimed, asserting negligent misrepresentation as to the…