BERTHOT v. SECURITY PACIFIC BANK

No. 1 CA-CV 90-043.

170 Ariz. 318 (1991)

823 P.2d 1326

Mary Janae BERTHOT, Plaintiff/Appellant, v. SECURITY PACIFIC BANK OF ARIZONA, an Arizona corporation, f/k/a the Arizona Bank, Defendant/Appellee.

Court of Appeals of Arizona, Division 1, Department E.

Review Denied February 19, 1992.


Attorney(s) appearing for the Case

Jennings, Strouss & Salmon by Maurice Portley, J. Matthew Powell and Kelly J. Barr, Phoenix, for defendant/appellee.

Diana Weinert-Landrith, P.C. by Diana Weinert-Landrith, Scottsdale, for plaintiff/appellant.


OPINION

SHELLEY, Judge.

Plaintiff/Appellant Mary Janae Berthot (Berthot) appeals from the trial court's judgment in favor of Defendant/Appellee Security Pacific Bank of Arizona (the Bank) wherein the court held that A.R.S. § 47-3419 (U.C.C. § 3-419) has displaced the common law negligence claim in the circumstances presented in this case and that the statute of limitations on Berthot's conversion claim had run. We hold that a common law negligence...

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