Missouri Court of Appeals, Western District / Date unavailable
U.S. Bank Trust, N.A., Trustee vs. Danny B. Pratte, et al.
U.S. Bank Trust, N.A., Trustee, sought to foreclose on a mortgage held by Danny and Quinn Pratte, alleging default on payments. The trial court granted summary judgment for U.S. Bank, which the Prattes appealed after their motion to vacate was denied. The appellate court reversed and remanded, holding that U.S. Bank failed to establish a prima facie case for summary judgment because its sole evidence of default, an affidavit, constituted inadmissible hearsay as it was not based on personal knowledge and lacked attached business records.