Affirms SJ in favor of bank in suit to recover money owed on credit card issued by bank

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Defendant-Appellant Diana Meyer appeals the trial court’s grant of summary judgment in favor of Plaintiff-Appellee National City Bank. Meyer presents three issues for our review, which we consolidate and restate as two:

I. Whether the trial court erred in granting summary judgment for National City Bank.

II. Whether Weltman Weinberg & Reis Co, L.P.A. properly represents National City Bank in this action.

Conclusion (slip op. at 5-6): We conclude that the trial court properly entered summary judgment in favor of National City Bank. We further conclude that Jeannette M. Conrad of Weltman, Weinberg & Reis, Co., L.P.A. was the attorney of record for National City Bank, as reflected in the CCS of the trial court. Affirmed.

Key Analysis (slip op. at 3, 4, 5): Although we found no published cases in Indiana, we note with approval the determinations of other states that credit card agreements are contracts, and the issuance and use of a credit card creates a legally binding agreement . . . The Agreement expressly stated that it became binding on Meyer upon her use of the account, not upon her signature to the Agreement . . . There being no genuine issue of material fact as to Meyer’s consent to be bound by the Agreement and to the balance due and owing on the account, the trial court did not err in granting summary judgment in favor of National City Bank.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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