Appeal from the Marion Circuit Court. The Honorable Burnett M. Caudill, Judge. Trial Court Cause No. 49D01-1310-CC-39621.
Gregory Reef, APPELLANT, Pro se, Indianapolis, Indiana.
ATTORNEY FOR APPELLEE: Scott Burns, Lloyd & McDaniel, PLC, Louisville, Kentucky.
Robb, Judge. May, J., and Mathias, J., concur.
Case Summary and Issue
[¶1] Gregory Reef, pro se, appeals the trial court's award of summary judgment in favor of Asset Acceptance, LLC. On appeal, Reef contends that the evidence designated by Asset Acceptance was not sufficient to allow the court to enter summary judgment. We conclude that the documents designated by Asset Acceptance were not properly authenticated and do not entitle it to summary judgment. Therefore, we reverse.
Facts and Procedural History
[¶2] On October 29, 2013, Asset Acceptance filed a complaint against Reef, claiming Asset Acceptance was the owner of a credit card debt owed by Reef. Following the exchange of discovery by both parties, Asset Acceptance filed its motion for summary judgment on August 8, 2014. Asset Acceptance designated several documents in support of its motion, including an Affidavit of Debt; a Bill of Sale, Assignment and Assumption Agreement (" Bill of Sale Agreement" ); and two credit card statements.
[¶3] The Affidavit of Debt was provided by " J. Gianuario," who averred he was familiar with the recordkeeping practices of Asset Acceptance. He stated that, according to documents kept in the regular course of business, Asset Acceptance was the owner of a credit card debt Reef originally owed to Citibank (South Dakota), NA (" Citibank" ). The Bill of Sale Agreement is one page of a contract between Citibank and Asset Acceptance for the assignment of accounts to Asset Acceptance. Asset Acceptance also designated a spreadsheet document titled " Schedule A," identifying " Gregory R Reef" as having an account balance of $7,021.40 with Citibank. Appellant's Appendix at 24. The credit card statements submitted by Asset Acceptance are between " Citi Cards" and " Gregory R Reef." See id. at 19-20.
[¶4] Reef filed his Opposition to Plaintiff's Motion for Summary Judgment, arguing that " much of Asset Acceptance, LLC's designated evidence is inadmissible hearsay or otherwise insufficient to support summary judgment." Id. at 15. Reef did not designate any evidence for the trial court's consideration.
[¶5] On December 10, 2014, the trial court granted Asset Acceptance's motion for summary judgment. This appeal followed.
Discussion and Decision