Vogelgesang v. U.S. Bank, N.A.

Appellant maintains that the trial court erred by granting summary judgment as a material issue of fact remains to be decided in this case. I agree with appellant and believe that we should reverse and remand.

I am convinced that the majority turns a blind eye to the limiting language contained in appellant’s power of attorney. Powers of attorney are to be construed in accordance with the rules for interpretation of written instruments generally. 3 Am. Jur.2d, Agency § 28 (2004). Where, from the face of a written instrument, there is no doubt about the meaning of an instrument, summary…