Cite as 2012 Ark. 460
SUPREME COURT OF ARKANSAS
No. 11-1308
| LVNV FUNDING, LLC
APPELLANT
V. RAE NARDI
APPELLEE
|
Opinion Delivered: December 13, 2012
APPEAL FROM THE MONTGOMERY COUNTY CIRCUIT COURT, [NO. CV2009-36] HONORABLE J.W. LOONEY, JUDGE AFFIRMED. |
JIM HANNAH, Chief Justice
LVNV Funding, LLC ("LVNV") appeals an order of summary judgment entered in favor of appellee Rae Nardi. According to LVNV's complaint filed May 21, 2009, Nardi received a credit card from Citibank, made purchases with the card, failed to pay on her account, and LVNV as an assignee has a cause of action for recovery of the amount due on the account. LVNV asserts that Arkansas Code Annotated section 16-45-104 (Repl. 1999) permits commencement of a lawsuit on an account by filing a complaint with a section 16-45-104 affidavit attached. According to LVNV, Arkansas Rule of Civil Procedure 10(d)'s requirement that a copy of the "instrument or document" on which the claim is based be attached to the complaint is inapplicable.
In a motion for summary judgment, LVNV alleged a contractual relationship between Nardi and Citibank and attached various documents as exhibits, including the alleged agreement between Citibank and Nardi. Nardi filed a motion for summary judgment,
