1. Using the full case opinion of Gerber & Gerber, P.C. v. Regions Bank, set forth in your own words the facts of this case. You should read the entire opinion before beginning this assignment. Do not copy the language of the case opinion. Use the full court opinion.

2. Set forth in detail and in your own words the legal issues of this case. The legal issues can be set forth in a list, if you like, but you must include enough information in each listed item that the issue can be clearly identified. You should re-read the entire opinion before beginning this assignment. Do not copy the language of the case opinion. Use the full court opinion, not the abridged opinion in the book. As you only need to list the legal issues here, it will be the shortest of these questions

3. Set forth in your own words a summary of the court's ruling based on the facts on each of the issues in the case, which you have previously summarized. In other words, for each of the issues that were identified in Discussion Board Assignment #2, you must summarize the court's ruling on that issue based on the facts of the case. You should re-read the entire opinion before beginning this assignment. Do not copy the language of the case opinion.

4. Set forth in detail and in your own words your opinion of whether the court properly analyzed and applied the law and facts in making its decision on each issue in the case. You should use the responses to all of the previous discussion board assignments to ensure that you address your opinion of the court's analysis on each of the issues in the case based on the facts. You should re-read the entire opinion before beginning this assignment.

Berber & Gerber, PC. Regions Bank, 596 SE 20 174. Ga: Court of Ap... https://scholar.google.com/scholar caselease W126553160924388.. 596 S.E.2d 174 (2004) 266 Ga. App. GERBER & GERBER, P.C. V. REGIONS BANK Regions Bank V. Gerber & Gerber, P.C. Nos, AD3A1932. AQJA 1963 Court of Appeals of Georgia February 13, 2004 Reconsideration Denied March 3, 2004 175 175 Shivers & Associates, Terry L. Struwwer, Alpharetta, for appellant. Parker, Hudson, Rainer & Dobbs, William J. Holley II, James S. Rankin, Ryan K. McLemore, Atlanta, for appelle MILLER. Judge Over a period of two years, an employee of the Gerber & Gerber, PC law firm (GG) stole from GSG some cashier's checks (endorsed in biark) and some checks payable to 60 (on which she forged G&G's endorsement and deposited the checks into her personal account Regions Bank, where GAG wo maintained its accounts. Aleging that Regions Bank had acted region in accepting the checks for post, G&G sued the bank to recover the money lost. The court entered summary judgment in favor of Regions Bark on the cashier's check but hold material issues of fact predluded summary judgment on the forged checks. Both parties appeal the portions of the judgment adverse to their interests Discoming no error, we affirm 176 176 "Summary Moment is proper when there is no genuine issue of material fact and the movent is entitled to judgment as a matter of W. OCCA 5 9-11-560 x Integon Gesine. Core 228 Go App. 451). SE 684 (1997). We review the grant of summary judgment de novo, construing the evidence in tavor of the normovanti Construed in favor of G&G, the evidence showed that Cynthia Stafford worked for a law firm as a real estate closing secretary. She store money from hom through forging the endorsement on checks made payable to the firem received at the real estate closing and depositing them into her personal account. When the forgery was discovered she confessed and worked out an arrangement to contine at the form of a reduced awy to repay the stolen money. She then stole a second time and the form closed. The aggregate amount toen was about $130.000 Prior to the firm closing its principal had merger discussions with during which the principal disclosed some of Stafford's theft and forgery to Sanford Gerber of G&G. Nevertheless, when the mergerak filed, the principal recommended that Gahr Starford because of her competency as a real estate closing secretary and because the had rehabilled. Mr. Gerber terviewed Stafford and felt also that she had reformed. He hired her but wamedhar that he knew of the prior that and that she stole from G&G, he would make sure she went to ja Stafford worked as a real estate closing secretary at GSG for over two years. During this time, the sole 29 cher's checks received by G&G during real estate closings, which check the payees had endorsed in bark during the closing. She then endorsed these checks herself and deposited them into her personal account at Regione Bark. She also stole ten checks made payable to GSG, which she endorsed in blank on behalf of G&G forging Sanford Gerber's signature). She then endorsed the forged check in her own name and deposited them into her personal account Regions Bank. Thoughout this time. GaG hadits escrow and other accounts at Regions Bank and deposited thousands of checks amounting to $150 200 on accounts every year G&G would endorse och deposited check with a rubber stamp for deposit in the GAG account MacBOOKAIT cally you can open Gerber & Gerber v. Regions Bank here Berber & Gerber C. Regions Bank, 596 SE 2017. Ga: Court of Ap.. herp://scholar.google.com/scholar caseme22855316073 GA201.03.2011) 566 S.E 2008 (2001) However, disputed evidence does exist on the question of whether Region Bank's actions were in observance of reasonable commercial standards of fordeling Significantly reasonable commercial standards of a dealing are different from reasonable commercial standards of de care. Although for dealing is a broad term that must be defined in context is clear that it is concerned with the famess of conduct rather than the care with which an act is performed Failure to comercise ordinary care in conducting a transaction is an entirely different concept than failure to deal forly in 178 conducting the transaction." UCC 5 3-103. Official Comment 4 (2003;60 Mabe 178 Eyed. Credito y Son UR Avance Co. of Canada. 727 A 20335 342002) Me 1900) Although some older Georgia cases define the reasonable commercial standards of de care se e. Trust Co Bank x Henderson. 250 GR 703, 704(1), 33 SE 2d720 (1998): Thomson & Co. KG Bank & Go 151 App. 41 646-64014) 260 SE 24765 (1979), the addressing the newer language of reasonable commercial standards of fair dealing have not explained in detail. Seeg. Stebint supra. 252.000 a 200-204.565 3.2d 906 Charter Evans BMW.GRA 230, 232-233.22.295 SE 2d 650.12 The United States Court of Appeals for the Seventh Circuit referred to this standards the Tavoidance of advantage-taking State Bank of the Lex. Kansas Bahrustyco. 28 F 1.900.09.2003) The Maine Supreme Court sugged at length with the issue, stating: "The most obvious question arising from the use of the artistes to whom? holder is required to cart regarding a parties, it must engage in an almost impossible blanding of right and Interests. Maine E727 A 2002) The Maine court the interpreted a different times standard of conduct that required for de care in reaching its result in Maine Fantly at 343-3442). The court noted that a party may be found to act in good faith even though nagry-fit acts faily, but may be found to have acted not in good with lenty, even though it complied with commercial standards of decorada 343, se Any Ind. Check Case. Thott. 322.180.166-100 App 2007) The U.S. Fourth Greut tooksin tadt, holding that evidence showing a lack of due care did not show a failure to comply with reasonable commercial standards of fair dealing Wachovia Bank Fed. Rene Book of Richmond, 330 M318.322-32300A) (46) Cr2003). Focusing on the lack of evidence that what the bark did was unfar, the court med summary judgment in favor of the bank. Id. 32300A). Nevertheless, whether a party's conduct meets this messstandard is only a question that must be resolved by the factfinder Torx Worlar Bank 197 Arte 193.197.3P3 1012 CLA 2000 The Bank fint Banking A.625.1.230.03.2007 In determining whether the conduct of Region Bank complied as a mer of low with remote commercial standards of fading, we note that don.250.00 22.8.20731, heldur verdi finding that bank did not comply with reasonable commercial standarde de care when it copied check payable to afm, which were endorsed in blank by a memployee and deposited in his personal account at the bank. The had its account at the same bank, and established practice for the relation of check payable to this account was through the use of a restrictive endorsement samo. This megtarty should have caused the bank longue as to the propriety of the endorsements when the checks being deposited by the firm employee into his personal count were able to the form and had been endorsed in biarkney. Loos. Dunn 776 5.21.523.7.6.1920 Where endorsements are regular on their face, and when the draft is offered for deposit into the account of one of the payee, the bank has a duty to into ascertain the story of the depositor to endorse and deposit the payee's check. ICT Thon Bank & Co. KG. 215.0.171.474013452 E 219 (1994). The Kansas Court of Appeals even hel Barring exceptional circumstances, the general rule is the tale of a bank to inquire when an individual cases a check made payable to a corporate payee and put the money in his personal 179 Woud is an unreasonable commercial banking practice as a matter what (Emphasis supplied.) 179 Clyde. Her State Bank Ap. 20543.56.63020721(1991) In light of these cases, we hold that is at least a fact question whether Region Bank violated the reasonable commercial standards of fair ding when it violated on commercial banking practices by accepting checks made payable to go into Salford's personal account Since Regional serviced GAG's business accounts and Therefore know that G&Gnomaly placed a restrictive endorsement tampon checks made payable to GS, Regions Bank was on highned notice of the regularity of the endorsements on the checks deposited by Stafford and therefore could be held to have dealt with any by making inquiry into the way of those endorsements. Thus, whether Region Bank acted in good in this materion to be resolved by the way, which means that 2018. 11:52 AM MacBook Ain cically you can open Gerber & Gerber v. Regions Bank here Tierber & Gerber, PC v. Regions Bank,5 SE 20174. Court of Ap. https://scholar.google.com/scholar_case case 9892265536236 defense under OCGA $ 11-3-406(a) cannot be resolved on summary judgment. Regions Bank also argues that it was a holder in de course under OCGA11-3-302 and therefore entitled to summary judgment on the claims asserted in the complaint. For Regions Bank to be a holder in due course, this statute requires that the bank have taken the instruments at issue "Wh good faith.OOGA S 11-3-30220). Since the same definition of good fath discussed above applies to this statute (se OCOAS 11-3-1034%. the same disputed issues of fact also discussed above preclude Regions Rark on summary judgment from conclusively establishing its status as a holder in due course on the forged checks The trial court corectly denied Region Bank summary judgment on the ten forged checks Judgment alimed in both cases SMITH, C., and RUFFIN PJ.concu El "To deleine the entert in eracting provision of the UCC, we consulte al comments accompanying the UOC. Freed) Mercedes C254 G 1.483.486.562 SE 171/2002). When Shopper. Ca. 120.570 1715E 2012 (19) official comments of the UOC should be given de consideration in determining the tent of the Gewerbe in enacting the provision verta Save trees - read court opinions online on Google Scholar Macro Berber & Gerber, PC. Regions Bank, 596 SE 20 174. Ga: Court of Ap... https://scholar.google.com/scholar caselease W126553160924388.. 596 S.E.2d 174 (2004) 266 Ga. App. GERBER & GERBER, P.C. V. REGIONS BANK Regions Bank V. Gerber & Gerber, P.C. Nos, AD3A1932. AQJA 1963 Court of Appeals of Georgia February 13, 2004 Reconsideration Denied March 3, 2004 175 175 Shivers & Associates, Terry L. Struwwer, Alpharetta, for appellant. Parker, Hudson, Rainer & Dobbs, William J. Holley II, James S. Rankin, Ryan K. McLemore, Atlanta, for appelle MILLER. Judge Over a period of two years, an employee of the Gerber & Gerber, PC law firm (GG) stole from GSG some cashier's checks (endorsed in biark) and some checks payable to 60 (on which she forged G&G's endorsement and deposited the checks into her personal account Regions Bank, where GAG wo maintained its accounts. Aleging that Regions Bank had acted region in accepting the checks for post, G&G sued the bank to recover the money lost. The court entered summary judgment in favor of Regions Bark on the cashier's check but hold material issues of fact predluded summary judgment on the forged checks. Both parties appeal the portions of the judgment adverse to their interests Discoming no error, we affirm 176 176 "Summary Moment is proper when there is no genuine issue of material fact and the movent is entitled to judgment as a matter of W. OCCA 5 9-11-560 x Integon Gesine. Core 228 Go App. 451). SE 684 (1997). We review the grant of summary judgment de novo, construing the evidence in tavor of the normovanti Construed in favor of G&G, the evidence showed that Cynthia Stafford worked for a law firm as a real estate closing secretary. She store money from hom through forging the endorsement on checks made payable to the firem received at the real estate closing and depositing them into her personal account. When the forgery was discovered she confessed and worked out an arrangement to contine at the form of a reduced awy to repay the stolen money. She then stole a second time and the form closed. The aggregate amount toen was about $130.000 Prior to the firm closing its principal had merger discussions with during which the principal disclosed some of Stafford's theft and forgery to Sanford Gerber of G&G. Nevertheless, when the mergerak filed, the principal recommended that Gahr Starford because of her competency as a real estate closing secretary and because the had rehabilled. Mr. Gerber terviewed Stafford and felt also that she had reformed. He hired her but wamedhar that he knew of the prior that and that she stole from G&G, he would make sure she went to ja Stafford worked as a real estate closing secretary at GSG for over two years. During this time, the sole 29 cher's checks received by G&G during real estate closings, which check the payees had endorsed in bark during the closing. She then endorsed these checks herself and deposited them into her personal account at Regione Bark. She also stole ten checks made payable to GSG, which she endorsed in blank on behalf of G&G forging Sanford Gerber's signature). She then endorsed the forged check in her own name and deposited them into her personal account Regions Bank. Thoughout this time. GaG hadits escrow and other accounts at Regions Bank and deposited thousands of checks amounting to $150 200 on accounts every year G&G would endorse och deposited check with a rubber stamp for deposit in the GAG account MacBOOKAIT cally you can open Gerber & Gerber v. Regions Bank here Berber & Gerber C. Regions Bank, 596 SE 2017. Ga: Court of Ap.. herp://scholar.google.com/scholar caseme22855316073 GA201.03.2011) 566 S.E 2008 (2001) However, disputed evidence does exist on the question of whether Region Bank's actions were in observance of reasonable commercial standards of fordeling Significantly reasonable commercial standards of a dealing are different from reasonable commercial standards of de care. Although for dealing is a broad term that must be defined in context is clear that it is concerned with the famess of conduct rather than the care with which an act is performed Failure to comercise ordinary care in conducting a transaction is an entirely different concept than failure to deal forly in 178 conducting the transaction." UCC 5 3-103. Official Comment 4 (2003;60 Mabe 178 Eyed. Credito y Son UR Avance Co. of Canada. 727 A 20335 342002) Me 1900) Although some older Georgia cases define the reasonable commercial standards of de care se e. Trust Co Bank x Henderson. 250 GR 703, 704(1), 33 SE 2d720 (1998): Thomson & Co. KG Bank & Go 151 App. 41 646-64014) 260 SE 24765 (1979), the addressing the newer language of reasonable commercial standards of fair dealing have not explained in detail. Seeg. Stebint supra. 252.000 a 200-204.565 3.2d 906 Charter Evans BMW.GRA 230, 232-233.22.295 SE 2d 650.12 The United States Court of Appeals for the Seventh Circuit referred to this standards the Tavoidance of advantage-taking State Bank of the Lex. Kansas Bahrustyco. 28 F 1.900.09.2003) The Maine Supreme Court sugged at length with the issue, stating: "The most obvious question arising from the use of the artistes to whom? holder is required to cart regarding a parties, it must engage in an almost impossible blanding of right and Interests. Maine E727 A 2002) The Maine court the interpreted a different times standard of conduct that required for de care in reaching its result in Maine Fantly at 343-3442). The court noted that a party may be found to act in good faith even though nagry-fit acts faily, but may be found to have acted not in good with lenty, even though it complied with commercial standards of decorada 343, se Any Ind. Check Case. Thott. 322.180.166-100 App 2007) The U.S. Fourth Greut tooksin tadt, holding that evidence showing a lack of due care did not show a failure to comply with reasonable commercial standards of fair dealing Wachovia Bank Fed. Rene Book of Richmond, 330 M318.322-32300A) (46) Cr2003). Focusing on the lack of evidence that what the bark did was unfar, the court med summary judgment in favor of the bank. Id. 32300A). Nevertheless, whether a party's conduct meets this messstandard is only a question that must be resolved by the factfinder Torx Worlar Bank 197 Arte 193.197.3P3 1012 CLA 2000 The Bank fint Banking A.625.1.230.03.2007 In determining whether the conduct of Region Bank complied as a mer of low with remote commercial standards of fading, we note that don.250.00 22.8.20731, heldur verdi finding that bank did not comply with reasonable commercial standarde de care when it copied check payable to afm, which were endorsed in blank by a memployee and deposited in his personal account at the bank. The had its account at the same bank, and established practice for the relation of check payable to this account was through the use of a restrictive endorsement samo. This megtarty should have caused the bank longue as to the propriety of the endorsements when the checks being deposited by the firm employee into his personal count were able to the form and had been endorsed in biarkney. Loos. Dunn 776 5.21.523.7.6.1920 Where endorsements are regular on their face, and when the draft is offered for deposit into the account of one of the payee, the bank has a duty to into ascertain the story of the depositor to endorse and deposit the payee's check. ICT Thon Bank & Co. KG. 215.0.171.474013452 E 219 (1994). The Kansas Court of Appeals even hel Barring exceptional circumstances, the general rule is the tale of a bank to inquire when an individual cases a check made payable to a corporate payee and put the money in his personal 179 Woud is an unreasonable commercial banking practice as a matter what (Emphasis supplied.) 179 Clyde. Her State Bank Ap. 20543.56.63020721(1991) In light of these cases, we hold that is at least a fact question whether Region Bank violated the reasonable commercial standards of fair ding when it violated on commercial banking practices by accepting checks made payable to go into Salford's personal account Since Regional serviced GAG's business accounts and Therefore know that G&Gnomaly placed a restrictive endorsement tampon checks made payable to GS, Regions Bank was on highned notice of the regularity of the endorsements on the checks deposited by Stafford and therefore could be held to have dealt with any by making inquiry into the way of those endorsements. Thus, whether Region Bank acted in good in this materion to be resolved by the way, which means that 2018. 11:52 AM MacBook Ain cically you can open Gerber & Gerber v. Regions Bank here Tierber & Gerber, PC v. Regions Bank,5 SE 20174. Court of Ap. https://scholar.google.com/scholar_case case 9892265536236 defense under OCGA $ 11-3-406(a) cannot be resolved on summary judgment. Regions Bank also argues that it was a holder in de course under OCGA11-3-302 and therefore entitled to summary judgment on the claims asserted in the complaint. For Regions Bank to be a holder in due course, this statute requires that the bank have taken the instruments at issue "Wh good faith.OOGA S 11-3-30220). Since the same definition of good fath discussed above applies to this statute (se OCOAS 11-3-1034%. the same disputed issues of fact also discussed above preclude Regions Rark on summary judgment from conclusively establishing its status as a holder in due course on the forged checks The trial court corectly denied Region Bank summary judgment on the ten forged checks Judgment alimed in both cases SMITH, C., and RUFFIN PJ.concu El "To deleine the entert in eracting provision of the UCC, we consulte al comments accompanying the UOC. Freed) Mercedes C254 G 1.483.486.562 SE 171/2002). When Shopper. Ca. 120.570 1715E 2012 (19) official comments of the UOC should be given de consideration in determining the tent of the Gewerbe in enacting the provision verta Save trees - read court opinions online on Google Scholar Macro