Casey v. North Decatur Courtyards c. Assn., 213 Ga. App. 190, 191-192 (2) ( 444 S.E.2d 361) (1994). When records relied upon and referred to in an affidavit are neither attached to the affidavit nor included in the record, the affidavit is insufficient. Taquechel v. Chattahoochee Bank, 260 Ga. 755, 756 (2) ( 400 S.E.2d 8) (1991); Watson v. Ga. State c. Credit Union, 201 Ga. App. 761 (1) ( 412 S.E.2d 286) (1991). In this case, Griffin, Alliant's credit manager, testified in his affidavit that he was familiar with the business records involved in the transaction as shown "by the true and accurate copies attached hereto."

BIRDSONG, Presiding Judge. This case is a suit to collect on a note and guarantees in the principal sum of $480,017.33. This appeal is from the trial court's grant of summary judgment to appellee bank et al., upon appellees' "renewed" motion for summary judgment with resubmittal of affidavit evidence, following the Supreme Court's decision in a former appeal ( Taquechel v. Chattahoochee Bank, 260 Ga. 755 ( 400 S.E.2d 8) wherein the court held insufficient the affidavit of the bank's loan officer as to bank records not attached to the affidavit. In four enumerations of error, appellants contend summary judgment was error because the new affidavit, submitted by the loan officer on remand of the case to the trial court, showed on its face that the bank charged usurious interest by charging a daily rate based on the annual interest rate divided by 360 days rather than by 365. Held:

Likewise, "[w]here records relied upon and referred to in an affidavit are neither attached to the affidavit nor included in the record and clearly identified in the affidavit, the affidavit is insufficient. [Cit.]" Taquechel v. The Chattahoochee Bank, 260 Ga. 755, 756 (2) ( 400 SE2d 8) (1991). Here, however, the Mastro affidavit relates to Cox's default on the loan owed to U.S. Markets, a fact of which Mastro as general manager of the company would have personal knowledge.

" (Citation omitted.) Taquechel v. Chattahoochee Bank, 260 Ga. 755, 756 (2) ( 400 SE2d 8) (1991). However, given that Yahoo attached to its Second Weiss Affidavit its business records showing that the parties entered into the contract at issue on March 19, 2002, the terms and conditions of which included a Los Angeles, California forum selection clause, the trial court properly considered the same to that effect.

Therefore, the court correctly did not consider the opinion of Dr. Markowitz based upon the portions of uncertified medical records. Taquechel v. Chattahoochee Bank, 260 Ga. 755, 756 (2) ( 400 S.E.2d 8) (1991). Absent those records, the depositions of Dr. Elliott and Ms. Lance do not provide sufficient support for the conclusions drawn by Dr. Markowitz, particularly with regard to the professional standard of care and how the acts of Dr. Elliott and AGA varied therefrom.

Although the dissent assumes that Felker obtained the knowledge from bank records, Felker neither identified any records as the source of his knowledge nor attached to his affidavit any records addressing the name change or the merger. See Taquechel v. The Chattahoochee Bank, 260 Ga. 755, 756(2), 400 S.E.2d 8 (1991) (finding affidavit insufficient where it was based in part on records that were neither attached to affidavit nor included in record and clearly identified by affidavit). Nor does his affidavit establish a basis for the admission of any such unidentified documents as business records.

Dreger's affidavit, which identified the complete file of the department, was sufficient. Taquechel v. Chattahoochee Bank, 260 Ga. 755, 756 (2) ( 400 S.E.2d 8) (1991) (citations and punctuation omitted); Pratt v. Tri City Hosp. Authority, 193 Ga. App. 473, 474 ( 388 S.E.2d 69) (1989); see generally OCGA § 9-11-56 (e) ("[s]worn or certified copies of all papers or parts thereof referred to in an affidavit shall be attached thereto or served therewith"). Nevertheless, the claim fails for want of proximate cause.

Casey v. North Decatur Courtyards c. Assn., 213 Ga. App. 190, 191-192 (2) ( 444 SE2d 361) (1994). When records relied upon and referred to in an affidavit are neither attached to the affidavit nor included in the record, the affidavit is insufficient. Taquechel v. Chattahoochee Bank, 260 Ga. 755, 756 (2) ( 400 SE2d 8) (1991); Watson v. Ga. State c. Credit Union, 201 Ga. App. 761 (1) ( 412 SE2d 286) (1991).Mountain Bound v. Alliant Food Service, 242 Ga. App. 557, 560 (3) ( 530 SE2d 272) (2000).

See League v. Citibank, 291 Ga.App. 866, 869(2), 663 S.E.2d 266 (2008) (summary judgment for creditor affirmed where creditor produced evidence that the debtor requested and obtained the account, accumulated a balance and did not pay); Davis v. Discover Bank, 277 Ga.App. 864, 627 S.E.2d 819 (2006) (summary judgment for creditor affirmed where creditor produced evidence that a credit card was issued to the debtor along with a document providing that if he used the card he accepted the agreement, statements in the debtor's name that were mailed to the debtor and not returned, and an account statement showing the balance due); Roberson v. Ocwen Fed. Bank, 250 Ga.App. 350, 352(2), 553 S.E.2d 162 (2001) (creditor was entitled to summary judgment in action on credit card account where it proved written executed agreement, terms of agreement and balance due). See Taquechel v. Chattahoochee Bank, 260 Ga. 755, 756(2), 400 S.E.2d 8 (1991). 9. Intl. Business Consulting v. First Union Nat. Bank, 192 Ga.App. 742–743, 386 S.E.2d 400 (1989) (citation and punctuation omitted).

Although the affidavit did not specify that the figure was derived from financial records, "it is clear from the context that the portion of the affidavit which set out the amount owed by defendant was based on [financial] records." Taquechel v. Chattahoochee Bank, 260 Ga. 755, 756 (2) ( 400 S.E.2d 8) (1991). Although summary judgment was appropriate as to Casey's liability for assessments, there was no competent evidence from which the court could determine the amount owed on those assessments, and the case must be remanded for that determination by a factfinder.