Ratcliff v. Security National Bank

Although I agree with the result reached by the court in this appeal, I cannot join in the court’s holding that AS 18.80.250 creates a private right of action. As the court admits, this issue was not raised in Rat-cliff’s points on appeal.1 Nor was it argued in the court below or in his briefs on appeal. Indeed, counsel for Ratcliff expressly removed this issue from the court’s consideration.2

The court correctly notes that in past cases we have reached issues that were inarticulately raised in the points on appeal. 670 P.2d 1139, 1141-42 n. 4 (Alaska 1983). These cases, however, are…