Citibank v. McGee
2012 Ohio 5364
Ohio Ct. App.2012Background
- Citibank filed suit against Maggi McGee for $1,451.99 on credit card account xxxx-xxxx-xxxx-6265.
- Plaintiff attached three exhibits to its summary judgment motion: Exhibit A (credit card application), Exhibit B (affidavit by Shayana Seaman), Exhibit C (monthly statements).
- McGee moved to strike Exhibits A and C, arguing lack of proper incorporation by reference per Civ.R. 56(E).
- Trial court denied the motion to strike and granted summary judgment to Citibank for $1,451.99 plus interest.
- On appeal, McGee argued the court erred in admitting Exhibits A and C and in granting summary judgment based on the statements.
- Appellate court affirmed summary judgment, holding Exhibit C admissible and Exhibit A improperly admitted but harmless; balance remained unchanged.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by not striking Exhibits A and C. | McGee argues no proper incorporation by reference. | McGee asserts Exhibits A and C were not properly referenced. | No reversible error; Exhibit C admitted, Exhibit A should have been struck (harmless). |
| Whether summary judgment was proper based on the account statements. | Exhibit C establishes beginning balance, charges, credits, and due amount; no contrary evidence. | Statements were not properly before the court or disputed by McGee. | Summary judgment proper; no genuine issue of material fact. |
Key Cases Cited
- Citibank (South Dakota) N.A. v. Lesnick, 2006-Ohio-1448 (11th Dist. Ohio (2006)) (affidavit can authenticate attached statements when properly described)
- Citibank v. Valentine, 2012-Ohio-2786 (5th Dist. Ohio (2012)) (holders of mislabeling exhibits; substantial evidence supports judgment)
- Scott v. Falcon Transport Co., 2003-Ohio-6725 (7th Dist. Ohio (2003)) (abuse of discretion standard for motion to strike)