LaFarge North America v. Warren Mills ET AL.

This is the second appeal of this case. After remand from the first appeal, the trial court denied Appellant’s motion to reopen discovery concerning Appellant’s counterclaim, wherein he asserted that the guaranty he signed was void and unenforceable. In the first appeal, this Court affirmed the trial court’s dismissal of Appellant’s counterclaim, finding that the disputed guaranty was, in fact, valid. As such, we conclude that the trial court did not err in precluding further discovery on the dismissed counterclaim. We grant Appellee’s request for an award of attorney’s fees and costs for frivolous appeal, and remand the case for determination of Appellee’s reasonable appellate attorney’s fees and costs and entry of judgment on same.