D. Jean Pope, and Quali-Built, Inc. v. Savings Bank of Puget Sound, and Ticor Title Insurance Co. And Bruce H. Hurst

This diversity action arises out of a three-party financing arrangement in a real estate development in Redmond, Washington known as “Deerpark.” The plaintiff-seller, D. Jean Pope, claims to have lost her security interest in the property and seeks here to lay blame on the defendant, Sav ings Bank of Puget Sound (“Bank”), the construction lender and also escrow agent for the purchase and sale closing. The case deals with the financial intricacies of the business of developing land into a residential subdivision and particularly with the extent and limit of the escrow agent’s duties. We affirm in all respects.

Pope urges numerous assignments of error but we deem it advisable to consider at the outset and on our own motion the scope of her appeal.

I SCOPE OF THE NOTICE OF APPEAL

Judgment was entered against Pope not only on her own suit but also on the Bank’s claim for attorney fees. In her notice, she merely stated that appeal was taken from “that part of the final Judgment entered in this action ... awarding defendant Savings Bank of Puget Sound $101,231.25 in attorneys’ fees and costs....” Later in the month she moved the district court ostensibly under Fed.R.App.P. 4(a)(5) to…