Henry v. Insurance Co. of North America

OPINION

MURPHY, Justice.

This is an appeal from a summary judgment granted in favor of appellee, Insurance Company of North America. The summary judgment awarded attorneys’ fees to appel-lee, the prevailing garnishor in a garnishment action. Because we find that the gar-nishor is not entitled to recover attorneys’ fees in a garnishment action, we reverse.

The original suit from which this case arises was brought by appellee against appellants, Vernon and Mary Lou Henry, for payment of a promissory note (hereinafter “the Note Action”). 1 The judgment in the Note Action, signed July 14, 1992,…