Opinion

Capital One Bank v. Day

176 Ohio App. 3d 516
2008 Ohio 2789
892 N.E.2d 932

Court: Ohio Court of Appeals
Filed: Jun 3, 2008
Status: Published
Author: Kline
On the bench: McFarland, Abele, Kline
Cited by: 2 cases
Authority: More cited than 42.6%

The opinion

Kline, J.,

dissenting.

{¶ 16} I respectfully dissent for the same reason that I dissented in

Capital One v. Nolan,

Washington App. No. 06CA77, 2008-Ohio-1850 , 2008 WL 1758892 ,

*523

¶ 14-19. In my view, Capital One failed to satisfy Civ.R. 10(D) with either records of the entire account or an account stated. As such, I would find that the complaint is deficient.

{¶ 17} Accordingly, I dissent.

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