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Click here for the full text of this decision FACTS:A jury awarded appellee/plaintiff, George Balusek, damages of $110,999.57, plus interest and costs, after he sued appellant, Ceramic Tile International Inc. and North Atlantic Society Anonyme Inc. for structural damage allegedly done to his buildings by Ceramic Tile’s equipment and for foundation damage allegedly due to water runoff and seepage from property occupied by Ceramic Tile. North Atlantic was later non-suited. In 1972, Balusek formed Future Properties Inc. In March 1989, Future Properties conveyed certain real property to Balusek’s father, Albert Balusek. The claims for the property damage at issue in the underlying litigation accrued on or before Sept. 1, 1999. On Dec. 16, 1999, Future Properties sued Ceramic Tile and North Atlantic Society Anonyme Inc. for damage to the property. On August 18, 2000, Albert conveyed the property to Balusek. On Sept. 22, 2000, Balusek was added as a plaintiff to Future Properties’ suit. On Jan. 10, 2001, Albert assigned his claims for property damage to Balusek. On Feb. 16, 2001, a second amended petition was filed, naming only Balusek as plaintiff. In September 2001, the statute of limitations on the claims for the property damage expired. On Nov. 15, 2001, Ceramic Tile moved for summary judgment, asserting that all alleged damage to the property arose from activities that occurred before Balusek became owner of the property and alleging Balusek had failed to plead and prove that he was assigned any causes of action related to the property damage. On Nov. 20, 2001, Balusek filed a sixth amended petition, suing on his own behalf and as assignee of the causes of action. Attached to the petition is a copy of the assignment from Albert. On Jan. 18, 2002, Balusek filed a response to Ceramic Tile’s motion for summary judgment, attaching a copy of the assignment. On Feb. 5, 2002, the trial court denied Ceramic Tile’s motion for summary judgment, without stating its grounds. The suit later went to trial, following which the jury returned a verdict in Balusek’s favor. On three issues, Ceramic Tile 1. challenges Balusek’s right to recover on his claims under an assignment from the prior owner of the property, 2. argues the claims were not timely asserted, and 3. complains of charge error. HOLDING:Because Balusek did not establish his right to recover as assignee, the court upholds Ceramic Tile’s first issue, and reverses and renders. On appeal, Ceramic Tile argues Balusek may not recover as assignee because he offered no proof of the assignment of the property damage claims at trial. Instruments attached to pleadings are not evidence unless they are introduced as such at trial. Simply attaching a document to a pleading does not make the document admissible as evidence, does not dispense with proper foundational evidentiary requirements, and does not relieves a litigant of complying with other admissibility requirements. Accordingly, because Balusek did not offer the assignment into evidence at trial, he did not meet his burden of proving a cause of action existed that was capable of assignment and that the cause was in fact assigned to him. Balusek also argues that because judgment was rendered in his favor, the trial court must have considered the assignment when Ceramic Tile offered it. The court disagrees. Nothing in the record indicates the trial court considered the assignment for any purpose other than the limited purpose of whether Balusek timely filed his claims against Ceramic Tile. Because a copy of the assignment was not offered or admitted into evidence during trial for the purpose of proving up the assignment, Balusek failed to establish that the property damage claims were actually assigned to him. Therefore, Balusek did not establish his right to recover the claims that belonged to Albert. OPINION:Marion, JJ; Lopez, CJ, Marion and Angelini, JJ.

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