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CAPITAL ONE BANK (USA), N.A. v. TENNEY

No. 2010-T-0109.

2011 Ohio 4305

Capital One Bank (USA), N.A. f.k.a. Capital One Bank, Plaintiff-Appellee, v. Robert A. Tenney, a.k.a. Robert A. Tenney, Sr., Defendant-Appellant.

Court of Appeals of Ohio, Eleventh District, Trumbull County.

August 26, 2011.

Attorney(s) appearing for the Case

Randi L. Nine , Thomas & Thomas, 629 Euclid Avenue, Suite 740, Cleveland, OH 44114 (For Plaintiff-Appellee).

Robert A. Tenney , pro se, 903 Frederick Street, Niles, OH 44446 (Defendant-Appellant).

OPINION

TIMOTHY P. CANNON, P.J.

{¶1} Appellant, Robert A. Tenney, Sr., appeals the summary judgment entered by the Niles Municipal Court in favor of appellee, Capital One Bank (USA), N.A., on its complaint to collect a balance owed on a credit card. At issue is whether Capital One properly demonstrated its entitlement to summary judgment. For the reasons that follow, we reverse and remand.

{¶2} In its complaint...

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