Wirth v. CACH, LLC

Miller, Chief Judge.

In this action on an open account, we granted Donald Wirth’s application for an interlocutory appeal to review whether the trial court erred in granting summary judgment in favor of Cach, LLC (“Cach”) on its claim to recover past due sums under a credit card account agreement Wirth allegedly entered into with Providian National Bank (“Providian”). Wirth appeals, arguing that Cach was not entitled to summary judgment because the record failed to include or reference a written assignment proving that Cach was the real party in interest, as assignee of Providian. Finding that…