GA Express statement in affidavit regarding its truthfulness, accuracy and completeness did not render documents inadmissible.
Grant of summary judgment to plaintiff, affirmed, on suit against defendant for $38K balance due on his credit card account; trial court did not abuse its discretion in admitting as business records exhibits attached to affidavit of plaintiff’s operation analyst, and lack of express statement in affidavit regarding its truthfulness, accuracy and completeness did not render documents inadmissible; defendant’s argument that plaintiff failed to produce all documents referenced in affidavit, rejected, as plaintiff did attach copies of pertinent records relied upon and referred to therein, i.e., credit card agreement and credit card statements bearing defendant’s name, address, balance due, and language indicating that account was issued and administered by plaintiff; defendant did not show that documents were incorrect or contradictory as to any material fact and that genuine issue remained to be tried.
Melman v. FIA Card Services NA, A11A0784 (10/28/11)
Fulton County Daily Report, November 11, 2011
Suit on Account & Statue of Limitation
Grant of summary judgment to defendant REVERSED in plaintiff’s suit on account as trial court erred in ruling that applicable 4-year statue of limitation barred plaintiff’s complaint; plaintiff submitted authenticated invoices showing dates more recent than four years prior to when it filed suit; trial court erred in basing its grant of summary judgment on plaintiff’s purported admission that its claims accrued on April 3, 2001, since plaintiff clearly stated that it was referring to accrual of breach of contract claim, which it had just amended its original complaint to include, and to which 6-year statue of limitation would apply.
Avery Enters, Inc. v. Lyndhurst Builders LLC, A10A0617 (06/08/2010)
From: Fulton County Daily Report (06/25/2010)
