WALDEN v. CHASE MANHATTAN BANK, USA, N.A.

No. 4D03-1718.

872 So.2d 432 (2004)

Charles M. WALDEN, Appellant, v. CHASE MANHATTAN BANK, USA, N.A., Appellee.

District Court of Appeal of Florida, Fourth District.

May 12, 2004.


Attorney(s) appearing for the Case

Mary Alice Gwynn of Mary Alice Gwynn, P.A., Delray Beach, for appellant.

Steven Michael Staes of Seyfarth Shaw LLP, Atlanta, for appellee.


MAY, J.

Charles Walden appeals a summary judgment against him and in favor of Chase Manhattan Bank. Among other issues, he argues that the trial court erred in not considering the affidavits submitted with the motion for rehearing. We agree and reverse.

Chase sued Walden for monies owed on credit card accounts. Walden filed an answer and affirmative defenses, one of which raised Chase's alleged failure to properly perform an audit of Walden's accounts once...

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