Legal Opinion
Midland Funding, LLC v. Trahan
Louisiana Court of Appeal
Decided February 21, 2013No. 12-CA-562PublishedCited by 3 opinions
1Opinion of the Court
SUSAN M. CHEHARDY, Chief Judge.
| ?This is a collection suit in which the trial court granted summary judgment in favor of the plaintiff. The defendant appeals, arguing the affidavit filed in support of the motion for summary judgment is incompetent hearsay evidence, executed by an employee of the collection agency rather than an employee of the creditor and, further, that it was not based on personal knowledge of the affiant. We affirm.
FACTS
On August 30, 2011, Midland Funding, LLC (“Midland Funding”) filed suit against Joseph Trahan to recover the balance on a Walmart charge account. Midland…
2Cases cited5 opinions
- Hibernia Nat. Bank v. RiveraLouisiana Court of Appeal · 2008
- Sears, Roebuck & Co. v. RichardsonLouisiana Court of Appeal · 2000
- Express Pub. Co., Inc. v. Giani Inv. Co., Inc.Louisiana Court of Appeal · 1984
- Delcambre v. PriceLouisiana Court of Appeal · 1999
- Tritt v. GaresLouisiana Court of Appeal · 1998
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