Navy Fed. Credit Union v. Studmire
2021 Ohio 1990
| Ohio Ct. App. | 2021Background
- Navy Federal Credit Union sued Marcus Studmire for unpaid credit‑card debt; Studmire answered and denied liability and raised affirmative defenses.
- Navy Fed moved for summary judgment supported by the credit‑card application, account activity summary, and an affidavit from records custodian Sharon Nation attesting to the authenticity and ordinary‑course maintenance of the records.
- Studmire opposed, arguing lack of standing/real‑party‑in‑interest, that Nation’s affidavit was hearsay/lacked personal knowledge, and that he lacked a reasonable opportunity to cross‑examine the affiant.
- Studmire did not file a Civ.R. 56(F) motion (or supporting affidavit) seeking a continuance for additional discovery or to depose Nation.
- The trial court granted summary judgment to Navy Federal; Studmire appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether defendant was denied a reasonable opportunity to cross‑examine affiant (due process/adequate discovery) | Navy Fed: summary judgment supported by proper affidavit and records; no delay warranted | Studmire: lacked opportunity to depose Nation and thus could not challenge affidavit | Waived — Studmire did not seek relief under Civ.R. 56(F) with an affidavit, so argument not preserved; SJ not reversed |
| Whether Nation’s affidavit and the attached records were inadmissible hearsay (business‑records foundation) | Navy Fed: Nation’s affidavit established custody, review, and ordinary‑course maintenance; admissible under Evid.R. 803(6) | Studmire: affidavit lacks personal knowledge and foundation; business‑records exception not met | Affidavit and records met Civ.R. 56(E) and Evid.R. 803(6) requirements; admissible |
| Whether the evidence lacked authenticity/personal‑knowledge to create a genuine issue of fact | Navy Fed: provided authenticated account records and custodian affidavit; unrebutted | Studmire: contends records/affidavit might be false but produced no evidence to contradict them | Studmire failed to produce affirmative evidence to create a genuine factual dispute; summary judgment affirmed |
Key Cases Cited
- None with official reporter citations were relied on in the opinion; the court primarily cited Ohio appellate slip opinions and the Civil and Evidence Rules (Civ.R. 56; Evid.R. 803(6)).