Citibank (S.D.) N.A. v. Miller

JOHN E. PARRISH, Judge.

Bethany J. Miller (defendant) appeals a judgment for Citibank (S.D.) N.A. (Citibank) in a suit Citibank brought as an action on account. The trial court found that Citibank’s evidence was not sufficient to prove an action on account; however, it concluded that the evidence was sufficient to prove an action for account stated and entered judgment for Citibank on that basis. Defendant contends that the trial court erred in two respects: (1) that the theory of account stated was not before the trial court; and (2) even so, Citibank’s evidence was insufficient to prove a…