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

No. CA2011-05-090.

2011 Ohio 6533

Capital One Bank (USA), NA, Plaintiff-Appellee, v. James Wesley Collins, Defendant-Appellant.

Court of Appeals of Ohio, Twelfth District, Butler County.

December 19, 2011.

Attorney(s) appearing for the Case

Weltman, Weinberg & Reis, Co., L.P.A., Jill A. Keck , 525 Vine Street, Suite 800, Cincinnati, Ohio 45202, for plaintiff-appellee.

James Wesley Collins , 6815 Lakota Pointe Lane, Liberty Township, Ohio 45044, defendant-appellant, pro se.

OPINION

HENDRICKSON, J.

{¶1} Defendant-appellant, James Wesley Collins, appeals the decision of the Butler County Court of Common Pleas granting summary judgment in favor of Capital One Bank (Capital One). We find merit to his appeal and reverse and remand the case for further proceedings.

{¶2} Collins opened a credit card account with Capital One. The account was subject to a written agreement, the Customer Agreement...

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