Capital One Bank (USA), NA v. Gordon
2013 Ohio 2095
Ohio Ct. App.2013Background
- Capital One filed a breach of credit card agreement claim against Gordon on October 11, 2011.
- Capital One moved for summary judgment; the trial court granted it on August 14, 2012.
- Gordon filed a notice of appeal asserting errors in the grant of summary judgment.
- The evidence showed the account existed, with Gordon as the debtor, mailed monthly statements, and a default.
- Gordon did not dispute essential facts (name on account, billing address, debt, or failure to pay).
- Gordon's additional arguments were deemed not properly supported by appellate rules and were not considered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there were genuine issues of material fact precluding summary judgment | Capital One contends the record shows no genuine fact issues and entitlement to judgment | Gordon claims procedural defects and authentication issues create material fact questions | No genuine issues; summary judgment proper |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary judgment standards)
- Capital One Bank USA, N.A. v. Calhoun, 8th Dist. No. 98743, 2013-Ohio-274 (Ohio 2013) (summary judgment on similar facts)