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FOR PUBLICATION
APPELLANT PRO SE: DIANA MEYER Hudson, Indiana ATTORNEY FOR APPELLEE: NICHOLAS K. ROHNER Cincinnati, Ohio

FILED
Mar 31 2009, 9:00 am

IN THE COURT OF APPEALS OF INDIANA

of the supreme court, court of appeals and tax court

CLERK

DIANA MEYER, Appellant-Defendant, vs. NATIONAL CITY BANK, Appellee-Plaintiff.

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No. 44A03-0808-CV-391

APPEAL FROM THE LaGRANGE CIRCUIT COURT The Honorable J. Scott VanDerbeck, Judge Cause No. 44C01-0701-CC-00005

MARCH 31, 2009 OPINION - FOR PUBLICATION HOFFMAN, Senior Judge

Defendant-Appellant Diana Meyer appeals the trial court's grant of summary judgment in favor of Plaintiff-Appellee National City Bank. We affirm. Meyer presents three issues for our review, which we consolidate and restate as two: I. Whether the trial court erred in granting summary judgment for National City Bank. Whether Weltman Weinberg & Reis Co, L.P.A. properly represents National City Bank in this action.

II.

In January 2007, National City Bank filed a complaint against Meyer to recover $20,817.47 that was due and owing on a credit card issued by National City Bank. In February 2007, Meyer filed a motion for summary judgment, and in March 2008, she filed a motion for dismissal. National City Bank filed a motion for summary judgment in May 2008, and in July 2008, the trial court granted National City Bank's motion and denied both of Meyer's motions. This appeal ensued. Meyer first contends that the trial court erred by granting summary judgment in favor of National City Bank. Particularly, she asserts that National City Bank was not entitled to summary judgment because it did not provide evidence of a signed contract and, secondly, because it did not provide a complete accounting to prove the balance due on the account. We will address each argument in turn. On appeal from a grant of summary judgment, our standard of review is identical to that of the trial court: whether there exists a genuine issue of material fact and whether 2

the moving party is entitled to judgment as a matter of law. Winchell v. Guy, 857 N.E.2d 1024, 1026 (Ind. Ct. App. 2006); see also Ind. Trial Rule 56(C). Appellate review of a summary judgment motion is limited to those materials designated to the trial court. Pond v. McNellis, 845 N.E.2d 1043, 1053 (Ind. Ct. App. 2006), trans. denied, 860 N.E.2d 590. All facts and reasonable inferences drawn therefrom are construed in favor of the non-movant. Id. The party appealing the judgment carries the burden of persuading this court that the trial court's decision was erroneous. Wells v. Auto Owners Ins. Co., 864 N.E.2d 356, 358 (Ind. Ct. App. 2007). Meyer claims that National City Bank is not entitled to summary judgment because it did not provide evidence of a signed contract. Meyer is correct that National City Bank did not produce a document signed by Meyer; however, National City Bank did submit other, sufficient evidence to show Meyer's agreement to be liable for charges incurred on the account. Although we found no published cases in Indiana, we note with approval the determinations of other states that credit card agreements are contracts, and the issuance and use of a credit card creates a legally binding agreement. See Bank One, Columbus, N.A. v. Palmer, 579 N.E.2d 284, 285 (Ohio Ct. App. 1989) (citing Manufacturers & Traders Trust Co. v. Lindauer, 513 N.Y.S.2d 629, 632 (1987)). Here, included in National City Bank's designation of evidence in support of its motion for summary judgment was a copy of the National City Bank Credit Card Agreement ("Agreement"). The section entitled "Agreement to Terms" provides, in pertinent part: "We have opened the Account at your request. Your signature on an application or 3

acceptance certificate, your acceptance of a telemarketing offer, your retention of the Card or Checks, and/or your use of the Account in any way means you agree to all the terms of this Agreement and you will be obligated by this Agreement unless you cancel the Account and return the Card and Checks before you use them."

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