2013 Ohio 5806
Ohio Ct. App.2013Background
- Ohio Receivables, LLC sues Albert L. Purola over a defaulted Chase credit card account that Chase sold to Turtle Creek Assets, Ltd., which subsequently sold to Ohio Receivables.
- Purola I held that Exhibit 1 (a redacted transfer list including Purola’s account) was not attached to the first motion for summary judgment, creating a genuine issue of ownership.
- On remand, Ohio Receivables filed a second summary judgment motion with Exhibit D (redacted transfer spreadsheet) and a custodian affidavit stating it was a true, accurate business record.
- Purola opposed but did not submit Civ.R.56 evidence; the trial court again granted summary judgment for Ohio Receivables.
- The trial court applied the law-of-the-case concept to accept Exhibit D as part of an expanded record and upheld ownership of Purola’s account.
- Purola appeals arguing the second motion was improper and Exhibit D lacks proper authentication; the court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion granting leave for a second MSJ | Purola contends no newly discovered evidence or cause. | Purola argues no expanded record justified second motion. | No abuse; expanded record permitted second motion. |
| Whether Exhibit D with the accompanying affidavit authenticates the business records | Ohio Receivables established ownership via Exhibit D | Exhibit D lacks foundation and trustworthiness | Exhibit D properly authenticated under Evid.R.803(6) and admissible; ownership proven. |
Key Cases Cited
- Stemen v. Shibley, 11 Ohio App.3d 263 (Ohio App. Dist. 6th 1982) (expanded record on remand permissible for summary judgment)
- Dresher v. Burt, 75 Ohio St.3d 280 (Ohio Supreme Court 1996) (reciprocal burden under Civ.R.56(E))
- Great Seneca Fin. v. Felty, 170 Ohio App.3d 737 (1st Dist. 2006) (business records admissibility under Evid.R. 803(6))
- Shawnee Associates, LP v. Village of Shawnee Hills, 2010-Ohio-1183 (5th Dist. 2010) (records maintained in ordinary course may be admitted as business records)