City of Phoenix v. Great Western Bank & Trust

OPINION

CORCORAN, Judge.

Appellant City of Phoenix (City) appeals from the grant of summary judgment in favor of appellee Great Western Bank & Trust (Bank). The primary issue on appeal is whether the alleged misconduct of a depositary bank which accepts a fraudulently issued warrant precludes application of the “fictitious payee rule.” We affirm the summary judgment in favor of the Bank. The Bank cross-appeals the denial of its request for attorney’s fees. We reverse and remand for the trial court to consider the motion for attorney’s fees.

1. Background

Opening of the Checking Account at the…