Appellant's Appendix - Philip D. Stern

Proposed Issues on Appeal
NOTE: After the transcript is received and reviewed, Defendant-Appellant
may modify, abandon or add to the following issues.
1. Whether the summary judgment standard requires that,
when the party who bears the burden of persuasion at trial moves for
summary judgment, the motion court exclude from consideration the
submitted materials which are incompetent or inadmissible.
2. Whether the summary judgment standard requires that,
when the party who bears the burden of persuasion at trial moves for
summary judgment, the motion court infer all reasonable factual
inferences favorable to the non-moving party.
3. Whether the competent and admissible evidential record,
when viewed with reasonable inferences favorable to Defendant, required
the conclusion that there were questions of fact as to at least one of the
essential elements necessary to prove Plaintiff's claim.
4. Whether, in the case of a debt buyer's suit to collect on a
delinquent credit card account where the debt buyer moves for summary
judgment, the debt buyer must submit competent and admissible
evidence that each assignment from the original creditor to the debt
buyer was valid.
5. Whether Plaintiff, who alleged it is the owner by assignment
of Defendant's delinquent credit card account and moved for summary
judgment, should have been denied summary judgment when it failed to
submit competent and admissible evidence that each assignment from the
original creditor to the debt buyer was valid.
6. Whether Plaintiff, who alleged it is the owner by assignment
of Defendant's delinquent credit card account and moved for summary
judgment, should have been denied summary judgment when it failed to
submit any materials showing that the original creditor assigned the
account.
7. Whether, in the case of a debt buyer's suit to collect on a
delinquent credit card account where the debt buyer moves for summary
judgment, the debt buyer must submit competent and admissible
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