Commercial Bank & Trust Co. v. Anderson

I respectfully dissent. Two issues are raised in Division 2 of the majority opinion:. the legal issue whether costs of collection, other than attorney fees, are recoverable; and the factual issue whether the Bank was required to produce a sworn statement itemizing those costs in order to recover them. After an extensive discussion of the legal issue, the majority renders that language obiter dicta by pretermitting the entire legal issue and resolving the appeal on the factual basis that the Bank’s affidavit was insufficient. As a result, while the parties to this appeal now know an itemized…