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Cavalry SPV I, LLC v. Taylor

Court of Appeals of Ohio, Seventh District, Mahoning

April 27, 2018

CAVALRY SPV I, LLC, PLAINTIFF-APPELLEE,
v.
MONICA S. TAYLOR, DEFENDANT-APPELLANT.

          Civil Appeal from Mahoning County Area Court No. 4 of Mahoning County, Ohio Case No. 16CVF1003

          FOR PLAINTIFF-APPELLEE ATTORNEY KRISHNA K. VELAYUDHAN

          FOR DEFENDANT-APPELLANT MONICA S. TAYLOR, PRO SE

          Hon. Gene Donofrio Hon. Cheryl L. Waite Hon. Carol Ann Robb JUDGES.

          OPINION

          DONOFRIO, J.

         {¶1} Defendant-appellant, Monica Taylor, appeals from a Mahoning County Area Court No. 4 judgment granting summary judgment in favor of plaintiff-appellee, Cavalry SPV I, LLC, and entering judgment against appellant in the amount of $951.34.

         {¶2} On November 15, 2016, appellee filed a complaint against appellant. The complaint alleged that appellee was the assignee of appellant's Citibank, NA (Citibank) credit card account (the account). The complaint further alleged that appellant failed to pay on the credit card account as required. It alleged that appellant owed the sum of $951.43 on the account. To its complaint, appellee attached copies of credit card statements listing appellant as the owner of the account and the sum of $951.43 due and owing.

         {¶3} Appellant, acting pro se, filed an answer admitting she is the owner of the account but denying that she owed any balance. Instead, appellant stated in her answer that she paid off the account in full in February 2012, and had not used the account since that time. She further stated she had not received any correspondence from appellee except for the complaint. Appellant attached two email receipts to her answer showing payments to Citibank in the amounts of $686.70 on February 14, 2012, and $9.58 on March 11, 2012.

         {¶4} Next, appellee filed a motion for summary judgment. Appellee attached the affidavit of one of its agents, Cyrenna Dewhurst. Dewhurst averred that appellee's business records provided the following. Appellee purchased appellant's account from Citibank on or about March 31, 2016. Appellant opened the account on January 2, 2007, and the account was "charged off" on December 26, 2013. As of September 27, 2016, appellee's records revealed that appellant owed a balance of $951.34.

         {¶5} Appellant did not file a response to appellee's summary judgment motion.

         {¶6} The trial court granted appellee's motion for summary judgment. It noted that appellant did not file a response to the motion and found that no genuine issue of material fact existed. Therefore, the trial court entered judgment in favor of appellee in the amount of $951.34, plus interest.

         {¶7} Appellant, still acting pro se, filed a timely notice of appeal on June 6, 2017.

         {¶8} Appellant now raises two assignments of error. Appellee has failed to file a brief in this matter.

         {¶9} An appellate court reviews the granting of summary judgment de novo. Comer v. Risko,106 Ohio St.3d 185, 2005-Ohio-4559, 833 N.E.2d 712, ΒΆ 8. Thus, we shall apply the same test as the ...


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