Tonisha Jackson appeals from the grant of summary judgment to Cavalry Portfolio Services, LLC “Cavalry” in its action on a credit card contract filed against Jackson. She contends that the trial court erred by entering a judgment in reliance on the affidavit and exhibits supporting Cavalry’s motion. For the reasons that follow, we agree and reverse. Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. OCGA § 9-11-56 c. A de novo standard of review applies to an appeal from a grant of summary judgment, and we view the evidence, and all reasonable conclusions and inferences drawn from it, in the light most favorable to the nonmovant.1 Cavalry’s complaint alleged that Jackson had entered into a credit card agreement with MBNA America Bank, N. A., which account was ultimately assigned to Cavalry. According to the complaint, Jackson had defaulted on her $10,029.61 balance, and Cavalry was entitled to recover the principal balance, $1,929.59 in interest, additional interest at the rate of 24.990, plus $1,190.01 in attorney fees. Jackson filed a timely answer and denied the allegations. Cavalry moved for summary judgment and attached a supporting affidavit signed by an employee, Kristina Pagni. Based on her personal knowledge and certain attached business records, Pagni averred that Jackson had entered into a credit card agreement with Cavalry’s predecessor, she had defaulted on the payments due, and the balance due of $10,029.61 was “charged off” by the predecessor. The affidavit further stated that the predecessor “indicated to Cavalry at the time of the transfer of the account from the predecessor to Cavalry that the balance was $10,029.61.” Finally, the affidavit concluded: Since Cavalry turned over this account to its collection attorney, no payments have been received and it is Cavalry’s understanding from its attorney that no payments have been made since the account was turned over and the principal sum of $10,029.61 is due, with interest in the amount of $3,330.46, additional interest at the rate of 24.990 per annum from the date of December 10, 2010. Jackson opposed the motion, and after reviewing the record and relevant case law,2 the trial court granted Cavalry’s motion, entering a judgment as follows: “principal amount of $10,029.61, $3,447.20 interest through the date of December 27, 2010, continuing interest at the rate of 24.990 per annum and $1,190.01 in attorney’s fees, plus all costs of court.” Jackson now appeals.
Under the summary judgment statute, OCGA § 9-11-56 c, “the judgment sought shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Thus, Cavalry’s motion, affidavit, and supporting documents must demonstrate that it is entitled to judgment on its breach of contract claim by proving the breach and resultant damages.3
