Eli Global, LLC, and Greg Lindberg v. Ronald Cieutat Todd Vereen Deborah Simison, personal representative of the…

Summary

The court affirmed summary judgment imposing liability on Eli Global under the promissory note and on Lindberg under the guaranty. It held that the note was not a negotiable instrument because its essential payment terms depended on the broader purchase agreement, and that, even if negotiability were assumed, the defendants waived any possession challenge or the sellers established possession prima facie. The court also held that a settlement agreement did not release Lindberg's guaranty liability. It remanded only for an explanatory order supporting the attorney-fee and expense award.