Applied Bank v. McGee
2012 Ohio 5359
Ohio Ct. App.2012Background
- Plaintiff-appellee Applied Bank filed suit on March 9, 2010 for $3,760.18 on a credit card account.
- Episcopo affidavit stated a December 22, 2008 default date and a balance of $3,760.18, based on appellee’s records.
- Exhibit A comprised monthly account statements (Aug 6, 2008–May 6, 2009) attached to summary judgment motion.
- McGee moved to strike Exhibit A as not properly incorporated by reference or authenticated; trial court denied the motion and granted summary judgment.
- On appeal, McGee challenged the strike ruling and the sufficiency of evidence supporting the judgment; the court remanded and struck Exhibit A.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Exhibit A should have been struck | McGee failed to properly strike Exhibit A; it was not incorporated by reference into a proper affidavit. | Exhibit A was improperly admitted because not authenticated or referenced in Episcopo's affidavit. | First assignment meritorious; Exhibit A must be stricken. |
| Whether summary judgment was proper without Exhibit A | There was a valid balance and account statement support for the debt. | Without Exhibit A, no proper beginning balance or itemization exists to support the claim. | Second assignment meritorious; summary judgment improper; reversal and remand with Exhibit A stricken. |
Key Cases Cited
- Citibank (South Dakota) N.A. v. Lesnick, 2006-Ohio-1448 (11th Dist. 2006) (authentication of account statements by affidavit)
- Martin v. Central Ohio Transit Auth., 70 Ohio App.3d 83 (1990) (incorporation by reference and admissibility of documents in summary judgment)
- State ex rel. Corrigan v. Seminatore, 66 Ohio St.2d 459 (1981) (execution of Civ.R. 56(E) and attachment of sworn copies)
- Great Seneca Financial v. Felty, 170 Ohio App.3d 737 (2006) (accounting requirements for evidence of charges and balance)
- Brown v. Columbus Stamping & Manufacturing Co., 9 Ohio App.2d 123 (1967) (account-statement and balance methodology for claims on an account)
- Green v. B.F. Goodrich Co., 85 Ohio App.3d 223 (1993) (relevance and admissibility of evidence beyond Civ.R. 56(C))