Orix Credit Alliance, Inc. v. Sovran Bank, N.A.

The majority recognizes the sole issue on appeal to be whether the transfer of the proceeds in question occurred in Finley’s ordinary course of business, so as to extinguish Orix’s security interest in those proceeds pursuant to Comment 2(c)1 to the Uniform Commercial Code of Virginia,2 § 8.9-306 (Mi-*1270ehie 1991). Because I believe that we need not reach Comment 2(c) to resolve this case, I respectfully dissent.

Applying the proper standard in the context of summary judgment motions, the district court found that the facts, viewed in the light most favorable to Orix, revealed the following:(1)…