Dodeka, L.L.C. v. Irma Campos
2012 Tex. App. LEXIS 3435
| Tex. App. | 2012Background
- Dodeka, L.L.C. sues Campos for breach of contract over a Chase Bank credit card account.
- Campos made her last minimum payment on Dec 23, 2005, then continued making reduced payments until Sep 15, 2006.
- Dodeka purchased the account and filed suit on Mar 15, 2010.
- Trial court entered a take-nothing judgment against Dodeka, finding Campos breached and that suit was time-barred under the FDCPA.
- On appeal, the court reversed and remanded in part, and ultimately held that the accrual date and admissibility of business records affected the outcome.
- Court concluded the FDCPA counterclaim was timely and the business records should have been admitted; remanded for breach-of-contract proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the breach accrue for statute purposes? | Dodeka contends accrual was Sep 15, 2006, the last payment date. | Campos and trial court treated earliest breach date as Jan 22, 2006. | Accrual date is Sep 15, 2006; suit timely under four-year limit. |
| Whether the action should be treated as breach of contract vs open account | Dodeka argues breach of contract; contention to treat as open account is not supported by pleadings or record. | Campos contends implied consent and/or open-account pleading; records permit open-account treatment. | No open-account treatment; action remains breach of contract claim. |
| Admissibility of business records under Rule 803(6) and impact on judgment | Chaffin's affidavit and Chase records were properly admissible as business records and incorporated into Dodeka’s business; error to excluding them. | Trial court properly excluded the records on hearsay/predicate grounds. | Trial court erred in excluding the records; error likely caused improper judgment; remand for breach-of-contract proceedings and to address FDCPA counterclaim. |
Key Cases Cited
- Williams v. Unifund CCR Partners Assignee of Citibank, 264 S.W.3d 231 (Tex. App.—Houston [1st Dist.] 2008) (accrual of breach-based actions tied to last payment date)
- BMC Software Belgium, N.V. v. Marchand, 83 S.W.3d 789 (Tex. 2002) (standards for reviewing findings of fact and conclusions of law on appeal)
- Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (standard for reversing a judgment for factual insufficiency)
- Simien v. Unifund CCR Partners, 321 S.W.3d 235 (Tex. App.—Houston [1st Dist.] 2010) (third-party records may be admissible if properly incorporated and trustworthy)
- Harris v. State, 846 S.W.2d 960 (Tex. App.—Houston [1st Dist.] 1993) (evidence credibility and trustworthiness considerations)
- McShane v. Bay Area Healthcare, 239 S.W.3d 231 (Tex. 2007) (appellate review for trial-court evidentiary rulings under Rule 44.1)
- Owens-Corning Fiberglas Corp. v. Malone, 972 S.W.2d 35 (Tex. App.—San Antonio 1998) (business-records reliability and hearsay exceptions)