Idah-Best v. First Security Bank Idaho

Plaintiff-respondent Idah-Best, Inc. filed this action against the Hailey branch of the First Security Bank of Idaho, N.A.,
hereinafter appellant. Appellant had dishonored a check drawn on itself and payable to respondent. In its complaint, respondent
alleged that appellant had failed to return the dishonored check or give notice of dishonor within its "midnight deadline."
Respondent prayed for judgment in the amount of the check, as provided by I.C. § 28-4-302,[Footnote 1] as well as
costs and attorney fees. Respondent subsequently moved for summary judgment, which was granted. In a document styled a "partial
summary judgment" the court ruled that appellant had indeed failed to meet its midnight deadline and was therefore liable
for the amount of the check ($30,000) plus interest. The "partial summary judgment" also calculated the interest on the amount
of the check and further ordered "that the question of attorneys fees and of costs of suit be deferred until trial on other
proceeding in this action." Upon appellant's motion, the court granted a "stay of execution" of the "partial summary judgment" pending reconsideration. Subsequently the court denied the motion to reconsider and "vacated"
the "stay of execution." It is from this "partial summary judgment" that appellant appealed. The parties later stipulated
that the orders of the trial court regarding costs and attorney fees should be made a part of the appeal record but no action
was taken to add these orders to the record.