Attorneys Scott Florin and Jeremy Heck successful in appeal of deficient credit card judgment

06 Oct 2010, by Benjamin Luftman in Consumer Law

First Resolution Investment Corporation failed to provide appropriate evidence…

First Resolution Investment Corporation failed to provide appropriate evidence and the judgment rendered was overturned.

Attorneys Scott Florin and Jeremy Heck successfully appealed a judgment entered in the Franklin County Municipal Court. In the case, the plaintiff corporation filed suit against the debtor alleging that he had defaulted on his credit card agreement with a bank. The plaintiff corporation averred that it had purchased the obligation that the defendant owed to the bank and it sought from him $2,031.72 that it claimed was due on his account. The trial court granted summary judgment in the plaintiff’s favor.  The appellate court concluded that because the plaintiff had failed to provide any Civ.R. 56(C) evidence establishing the absence of a genuine issue of material fact and its entitlement to judgment as a matter of law, the trial court had erred in granting summary judgment. Further, the plaintiff had attached 18 monthly account statements to its motion for summary judgment. Also, the debtor conceded that if the plaintiff had attached the account statements to its complaint, it would have complied with Civ.R. 10(D)(1). Thus, the debtor’s receipt of the account statements alleviated any prejudice that he allegedly suffered by the denial of his motion for a more definite statement. Accordingly, the judgment was reversed.
Link to Decision –
Short name: First Resolution Investment Corp. v. Griffith

Areas of practice: Appellate: Civil, Creditor/Debtor, Procedure

Court: Ohio Court of Appeals – Tenth Appellate District

Date decided: September 30, 2010

Docket number: 10AP-212

Citation: 2010-Ohio-4748