Fischer v. First International Bank

Opinion

AARON, J.

Introduction

This matter is before the court on two separate appeals. Plaintiffs Karl and Pamela Fischer appeal from a summary judgment order and final judgment in favor of defendant First International Bank (FIB or the bank). Defendant Investors Title Company (ITC or escrow company) appeals from a subsequent order granting the Fischers’ motion for new trial as to ITC.

The Fishers’ appeal presents the following question: When a bank enters into a written loan agreement that specifies the collateral for two different loans, and does not state that the loans will be…