# Capital One Bank v. Day

> Ohio Court of Appeals · June 3, 2008 · 176 Ohio App. 3d 516

URL: https://www.frixlaw.com/law-library/cases/3683631

## Case

- **Full name:** CAPITAL ONE BANK, Appellant, v. DAY, Appellee
- **Court:** Ohio Court of Appeals
- **Decided:** June 3, 2008
- **Citations:** 176 Ohio App. 3d 516; 2008 Ohio 2789; 892 N.E.2d 932
- **Precedential status:** Published
- **Opinion:** Dissent by Kline
- **Judges:** McFarland, Abele, Kline
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3683631

## Opinion text

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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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3683631. Public record. Not legal advice.