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CURDE v. TRI-CITY BANK & TRUST CO.

826 S.W.2d 911 (1992)

Melanie CURDE and husband, Tommy Curde, Plaintiffs-Appellants, v. TRI-CITY BANK & TRUST COMPANY, Defendant-Appellee, v. DIEBOLD, INC., Third-Party Defendant.

Supreme Court of Tennessee, at Knoxville.

March 9, 1992.

Attorney(s) appearing for the Case

Michael A. Faulk, Church Hill, for plaintiffs-appellants.

Jack M. Vaughn, Fuller & Vaughn, Kingsport, for defendant-appellee.

S. Morris Hadden, Hunter, Smith & Davis, Kingsport, for third-party defendant.

DROWOTA, Justice.

This case presents an issue of first impression, namely, whether the Electronic Fund Transfers Act, 15 U.S.C. § 1693 et seq. (1988) (the "Act"), applies to the attempted deposit of a check via a bank automated teller machine. The trial court granted partial summary judgment to Plaintiffs-Appellants, Melanie and Tommy Curde, holding that the Act applied. The Court of Appeals granted Defendant-Appellee, Tri-City Bank & Trust Company, an interlocutory...

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