Walden v. Chase Manhattan Bank, USA, N.A.

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 notified of discrepancies.

Chase moved for summary judgment. Walden filed his wife’s affidavit, attesting to her familiarity with the specific…