Western Decor & Furnishings Industries, Inc. v. Bank of America

Plaintiff Western Decor & Furnishings Industries, Inc. (hereinafter Western Decor) filed a complaint against defendant Bank of America National Trust and Savings Association (hereinafter Bank of America) alleging three causes of action: the first for conversion, the second for interference with business relationship, and the third for breach of contract. Bank of America answered the complaint and filed a cross-complaint alleging that Western Decor failed to pay on several promissory notes.

At trial by jury, the court granted Bank of America’s motion for nonsuit as to causes of action II and III.

The jury returned its verdict in favor of Western Decor on the first cause of action awarding damages in the amount of $1. The jury also found in favor of Western Decor and against Bank of America on the cross-complaint.

Each party filed a cost bill and each party moved to tax the opposing party’s costs. The court granted Bank of America’s motion to tax Western Decor’s cost bill, but only as to the attorneys’ fees, allowing the remainder of the costs to stand. The court granted Western Decor’s motion to tax Bank of America’s entire cost bill.

Both parties have appealed from…