Dept. Stores Natl. Bank v. McGee, 2013 Ohio 894

DSNB filed a money-damages complaint against McGee in Mahoning County Court No. 5 on Oct 29, 2011, seeking $4,563.85 on Macy's account ending in 4083.
McGee answered denying all allegations.
DSNB moved for summary judgment on Feb 7, 2012, attaching Exhibit 1 (Woolfork affidavit) and Exhibit A (41 Macy’s credit card statements).
McGee argued Exhibit A was not properly incorporated or authenticated and thus not proper summary judgment evidence.
The trial court granted summary judgment for DSNB on May 4, 2012 in the amount of $4,563.85 plus interest and costs.
On appeal, the court held Exhibit A was not properly incorporated; without Exhibit A, there was no admissible summary-judgment evidence of an account, so the judgment was reversed and remanded.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Exhibit A was properly incorporated as summary judgment evidence	DSNB contends Woolfork supports incorporation of Exhibit A.	McGee contends Exhibit A was not properly identified or authenticated in the affidavit.	Exhibit A was not properly incorporated; reversal and remand.

Applied Bank v. McGee, 2012-Ohio-5359 (7th Dist. 2012) (account records must be identified and authenticated to serve as summary judgment evidence)
Citibank v. McGee, 2012-Ohio-5364 (7th Dist. 2012) (account records require proper incorporation and authentication as Civ.R. 56(E) evidence)
Brown v. Columbus Stamping & Mfg. Co., 223 N.E.2d 373 (Ohio App. 1967) (establishes components of account on an action on an account)
Ohio Receivables, L.L.C. v. Dallariva, 2012-Ohio-3165 (10th Dist. 2012) (recognizes that not every transaction must be included to prove an account)
Great Seneca Fin. v. Felty, 170 Ohio App.3d 737 (2006-Ohio-6618) (to establish an action on an account, balance and itemization are required)
Capital One Bank v. Toney, 2007-Ohio-1571 (7th Dist. 2007) (credit card balance actions constitute actions on an account)