Midland Funding, LLC v. Trahan
110 So. 3d 1154
La. Ct. App.2013Background
- This is a collection suit; trial court granted summary judgment for plaintiff Midland Funding.
- Trahan answered with general denial and asserted extinguishment by payment and prescription defenses.
- Midland filed summary judgment supported by two affidavits and account records.
- Dumonceaux, Midland’s employee, attested to personal knowledge of the account records and ownership of the receivable.
- Sias, plaintiff’s attorney, attested to the file’s handling and the balance including interest and fees.
- The trial court granted judgment for Midland; Trahan appealed arguing the Dumonceaux affidavit is incompetent hearsay and not based on personal knowledge.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Dumonceaux affidavit satisfies personal knowledge requirement | Trahan argues lack of personal knowledge from a non‑creditor employee | Trahan contends affidavit is hearsay and not based on personal knowledge | Affirmed; affidavit may be admissible under business records rule despite agency chain |
| Whether business records exception validates the affidavits | Affidavit identifying records as business records supports credibility | Records may be hearsay if not personal knowledge of affiant | Yes, business records exception applies, and affiant competent to identify records |
| Whether the summary judgment evidence establishes prima facie case | Evidence including statements, records, and ownership proves debt | Affidavits alone do not establish personal knowledge | Prima facie case established; burden shift to Trahan, who did not raise a genuine issue |
Key Cases Cited
- Hibernia Nat. Bank v. Rivera, 996 So.2d 534 (La. Ct. App. 5th Cir. 2008) (defines personal knowledge for affidavits under Art. 967)
- Sears v. Richardson, 759 So.2d 190 (La. Ct. App. 2nd Cir. 2000) (affidavits by counsel’s employee can be hearsay if not personal knowledge)
- Express Pub. Co., Inc. v. Giani Inv. Co., Inc., 449 So.2d 145 (La. Ct. App. 4th Cir. 1984) (strict enforcement of personal knowledge requirement for summaries)
- Tritt v. Gares, 735 So.2d 659 (La. Ct. App. 4th Cir. 1998) (affidavits must show how affiant obtained knowledge; bare assertion not enough)
- Delcambre v. Pnce, 738 So.2d 593 (La. Ct. App. 4th Cir. 1999) (business records doctrine permits identification by affiant without personal knowledge of contents)