law-cc-business-records-affidavit-BRA
Tex. R. Evid. 902(10)
Preliminarily, we note appellant presents several general complaints regarding Garabedian's affidavit:
American Express did not provide sworn or certified copies of the documents referenced therein; the affiant
did not state the foundation for his opinions; the affidavit contains legal conclusions unsupported by any
facts; and the affiant failed to show how he became familiar with the facts. Ghia v Amex
However, Garabedian properly authenticated the referenced documents as “business records” pursuant to
Texas Rule of Evidence 902(10). See Tex. R. Evid. 902(10). Further, the affidavit did not contain any
opinions or legal conclusions, but merely statements of fact. Finally, Garabedian averred the statements
were based on his personal knowledge, and as custodian of records, he testified regarding pertinent
information based on the account agreement and monthly statements authenticated as business records and
described the regular business practices of American Express relative to the account agreement and monthly
statements. Therefore, we reject appellant's general challenges to the affidavit.
Ghia v. AMEX (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Seymore)
(summary judgment for American Express, original creditor, in credit card debt suit affirmed)
BRA by Custodial of Record Supports SJ
Duran v. Citibank (Tex.App.- Houston [1st Dist.] Mar. 20, 2008)(Taft)
(consumer credit, suit by creditor, summary judgment, attorney's fees, creditor prevails)
Ryning properly authenticated the documents referenced in her affidavit as “business records.” See Tex. R.
Evid. 803(6), 902(10). Duran did not present any evidence to raise a fact issue as to whether the documents
were properly authenticated business records. Further, Duran has failed to identify any statements in the
affidavit that he contends are opinions or legal conclusions. We have reviewed the affidavit and have
determined that it contains sufficient factual support and is not, therefore, conclusory. See 8920 Corp. v. Alief
Alamo Bank, 722 S.W.2d 718, 720 (Tex. App.—Houston [14th Dist.] 1986, writ ref’d n.r.e.). To the extent that
Duran attacks Ryning’s affidavit and the attached documents on these grounds, we overrule his complaints.