Rex Financial Corp. v. Great Western Bank & Trust

OPINION

DONOFRIO, Judge.

This is an appeal from a judgment in favor of the appellee, Great Western Bank & Trust, on a motion to dismiss which was treated by the trial court as a motion for summary judgment under Rule 56 of the Arizona Rules of Civil Procedure, 16 A.R. S. The trial court considered all of the pleadings, affidavits, other matters of record, and the oral arguments of counsel and determined that there was no genuine issue of material fact, in reaching its judgment. For the reasons given below we affirm the judgment of the trial court.

The relevant facts are undisputed. In December…