Century Construction Co. v. Bancorpsouth Bank

¶25. I respectfully dissent from the disposition of the majority’s opinion. I agree with the majority that the reporting period may be modified to sixty days.1 However, I submit that in light of the standard of review applicable to summary judgment, we should reverse and remand the trial court’s grant of summary judgment in this case since genuine issues of material fact exist as to whether Bancorp-South failed to exercise its duty of due care or good faith as to any unauthorized checks or withdrawals occurring within the sixty-day reporting period wherein the bank possessed actual knowledge…