Shawn Elizabeth Ann Bashelor v. Discover Bank

Summary

The Texas Court of Appeals, Third District, affirmed a final summary judgment in favor of Discover Bank on its breach-of-contract claim for an unpaid credit-card balance. The court held that Discover conclusively established the existence of the agreement, its performance, Bashelor’s breach, and damages, while Bashelor failed to preserve or substantiate her appellate complaints.

Holdings

1. Although Bashelor's nineteen purported issues did not allege trial-court error and were inadequately briefed, the court construed the brief as presenting one issue: whether Discover's summary-judgment evidence was legally sufficient to establish its breach-of-contract claim.
2. A plaintiff seeking summary judgment on a credit-card debt is entitled to judgment when it conclusively establishes the existence of a valid contract, its performance or tendered performance, the defendant's breach, and damages resulting from the breach. Discover conclusively established each element here.
3. A complaint that an affidavit contains hearsay or another defect in form is not preserved for appellate review unless the defect is specifically identified by a timely written objection in the trial court.
4. A nonmovant who files no summary-judgment response may not rely on claims, defenses, objections, requests for relief, or evidence raised for the first time on appeal to challenge the judgment.

Questions Presented

1. Whether Bashelor's appellate brief adequately presented a challenge to the trial court's judgment.
2. Whether Discover's summary-judgment evidence conclusively established all elements of its breach-of-contract claim arising from Bashelor's unpaid credit-card account.
3. Whether Bashelor preserved her complaints concerning hearsay or defects in Discover's affidavit and summary-judgment evidence.
4. Whether Bashelor could raise on appeal complaints, defenses, requests for relief, or evidence that she had not presented to the trial court.

Disposition

affirmed