credit-card-interest

Hay v. Citibank (Tex.App.– Houston [14th Dist.] Sep. 14, 2006)(Edelman)(subst. opinion)
[consumer law, credit card debt, quantum meruit, summary judgment, partial reversal, bank failed to prove
agreement on finance charges]
AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Edelman
Before Justices Fowler, Edelman and Guzman
14-04-01131-CV Kelly K. Hay v. Citibank (South Dakota) N.A.
Appeal from County Civil Court at Law No 2 of Harris County (Judge Gary Michael Block)

(“In addition to purchases, the Citibank statements contain charges for late fees and over credit limit fees,
the amounts of which are flat fees plainly specified in the terms and conditions in exhibit C.  However, the
statements also impose finance charges, which are generally described in the terms and conditions, but
neither the statements nor Citibank’s other summary judgment evidence provides an explanation showing
specifically how these amounts were calculated.  Because this evidence is therefore insufficient to prove
that Hay owed those amounts, we sustain her fifth issue as to the finance charges, and we need not
address her other challenges to those amounts. .. Accordingly, the summary judgment is:  (1) reversed as
to the finance charges and remanded to the trial court for further proceedings thereon; and (2) affirmed as
to the remainder of the judgment.”)