Capital One Bank v. James, Unpublished Decision (6-23-2006)
Capital One Bank v. James, Unpublished Decision (6-23-2006)
Opinion of the Court
{¶ 2} James failed to provide this Court with a transcript of the oral hearing on the motion for summary judgment. App. R. 9(A) provides that "[t]he original papers and exhibits thereto filed in the trial court, the transcript of proceedings, if any, including exhibits, and a certified copy to the docket and journal entries prepared by the clerk of the trial court shall constitute the record on appeal in all cases." App. R. 9(B) imposes a duty on Mr. James to provide a transcript of the proceedings in which the evidence was presented to the trial court. "Litigants who choose to proceed pro se are presumed to know the law and correct procedure, and are held to the same standards as other litigants." Yocum v. Means, Darke App. No. 1576, 2002-Ohio-3803. A litigant proceeding pro se "cannot expect or demand special treatment from the judge, who is to sit as an impartial arbiter." Id. (Internal citations omitted). Without a transcript we must indulge the presumption of regularity of the proceedings before the trial court.
{¶ 3} James did not deny in response to the first requests for admissions that he maintained an account with Capital One. He stated therein that "[d]emanding that I state that this is my account when there is a possibility of error is unethical." The requests contained in the second requests for admissions pertained to the following facts: (1) James maintained an account with Capital One; (2) James purchased merchandise on the account; (3) James received statements regarding the amounts due and owing on the account; (4) the account records indicate all things purchased by James; (5) the bill upon which the principal balance due was computed is accurate; (6) James is not entitled to any credits or offsets except for those shown on Capital One's records; (7) James has no defenses; (8) interest is due.
{¶ 4} In the absence of a genuine issue of material fact, Capital One was entitled to judgment against James on the credit card debt. Civ. R. 36(A) requires that a party to whom requests for admissions have been directed must answer or object, in writing, within a designated time period. "`Unanswered requests for admission render the matter requested conclusively established for the purpose of the suit, * * * and a motion for summary judgment may be based on such admitted matter.'" GreatSeneca Financial Corp. v. Lee, Montgomery App. No. 31134,
Reference
- Full Case Name
- Capital One Bank v. Roderick J. James
- Cited By
- 2 cases
- Status
- Unpublished