CitiMortgage, Inc. v. Hoskinson, No. 5D14–4500.

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM.
Citation200 So.3d 191
Decision Date08 July 2016
Docket NumberNo. 5D14–4500.
Parties CITIMORTGAGE, INC., Appellant, v. Barbra A. HOSKINSON, et al., Appellees.

200 So.3d 191

CITIMORTGAGE, INC., Appellant,
v.
Barbra A. HOSKINSON, et al., Appellees.

No. 5D14–4500.

District Court of Appeal of Florida, Fifth District.

July 8, 2016.


Heidi J. Bassett, of Robertson, Anschutz & Schneid, P.L., Boca Raton, for Appellant.

Adam H. Sudbury, of Appellee Legal Services, PLLC, Orlando, for Appellees Barbra A. Hoskinson and Michael P. Hoskinson.

No Appearance for other Appellees.

PER CURIAM.

In this mortgage foreclosure action, we review the propriety of an involuntary dismissal and final judgment entered in favor of Appellees, the mortgagors. Because the lower court based the dismissal on an incorrect evidentiary ruling, we reverse.

At a nonjury trial, Appellant presented one witness, through whom it sought to introduce into evidence various documents, including a notice of breach and acceleration letter. Sending such a letter was a condition precedent to acceleration of the note and foreclosure of the mortgage. Appellees objected to introduction of the letter on hearsay grounds, arguing that the witness was not qualified to lay the necessary foundation to bring the letter within the business records exception to the hearsay rule. § 90.803(6)(a), Fla. Stat. (2014). The trial court agreed.

Any qualified witness who has the necessary knowledge to testify as to how a document was made may lay the foundation to bring the document within the business records exception. Twilegar v. State, 42 So.3d 177, 199 (Fla.2010). All that is required is that the witness be “ ‘well enough acquainted with the activity to give the testimony.’ ” Nationstar Mortg., LLC v. Berdecia, 169 So.3d 209, 213 (Fla. 5th DCA 2015) (quoting Alexander v. Allstate Ins. Co., 388 So.2d 592, 593 (Fla. 5th DCA 1980) ). Appellant's witness met this criteria. She testified that Appellant's customer service department generates breach letters when mortgage payments become delinquent. The letters are delivered to Appellant's mail room on the day they are prepared and are collected by the postal service that day or the following day. Although the witness had never worked in the customer service department, she had trained side-by-side with someone in that...

To continue reading

Request your trial
15 practice notes
  • Mace v. M&T Bank, Case No. 2D16-3381
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 2020
    ...was mailed. See, e.g., Thorlton v. Nationstar Mortg., LLC, 257 So. 3d 596, 601-02 (Fla. 2d DCA 2018) ; CitiMortgage, Inc. v. Hoskinson, 200 So. 3d 191, 192 (Fla. 5th DCA 2016). And a third is properly admitted records—such as a return receipt or a log entry generated upon mailing—that bear ......
  • Jackson v. Household Fin. Corp., No. SC18-357
    • United States
    • United States State Supreme Court of Florida
    • July 2, 2020
    ...of the records, and the trial court erred in admitting the documents without a proper foundation. Cf. CitiMortgage, Inc. v. Hoskinson , 200 So. 3d 191, 192 (Fla. 5th DCA 2016) (holding that a witness was qualified to lay the foundation for a letter as a business record because she testified......
  • PNC Bank Nat'l Ass'n v. Roberts, Case No. 5D16–3341
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 2018
    ...2007–HE2 Tr. v. Manning, 221 So.3d 677, 681–82 (Fla. 4th DCA 2017) ; Allen, 216 So.3d at 688 (citing CitiMortgage, Inc. v. Hoskinson, 200 So.3d 191, 192 (Fla. 5th DCA 2016) ); State Farm Fire & Cas. Co. v. Higgins, 788 So.2d 992, 1007 (Fla. 4th DCA 2001) (citing Best Meridian Ins. Co. v. Tu......
  • Spencer v. Ditech Fin., LLC, Case No. 2D16–4817
    • United States
    • Court of Appeal of Florida (US)
    • April 4, 2018
    ...of the company's routine practice for mailing letters. See id.; Edmonds, 215 So.3d at 630 ; see also CitiMortgage, Inc. v. Hoskinson, 200 So.3d 191, 192 (Fla. 5th DCA 2016) (holding that there was sufficient evidence to establish mailing based on routine business practices where witness tes......
  • Request a trial to view additional results
15 cases
  • Mace v. M&T Bank, Case No. 2D16-3381
    • United States
    • Court of Appeal of Florida (US)
    • March 25, 2020
    ...was mailed. See, e.g., Thorlton v. Nationstar Mortg., LLC, 257 So. 3d 596, 601-02 (Fla. 2d DCA 2018) ; CitiMortgage, Inc. v. Hoskinson, 200 So. 3d 191, 192 (Fla. 5th DCA 2016). And a third is properly admitted records—such as a return receipt or a log entry generated upon mailing—that bear ......
  • PNC Bank Nat'l Ass'n v. Roberts, Case No. 5D16–3341
    • United States
    • Court of Appeal of Florida (US)
    • April 27, 2018
    ...2007–HE2 Tr. v. Manning, 221 So.3d 677, 681–82 (Fla. 4th DCA 2017) ; Allen, 216 So.3d at 688 (citing CitiMortgage, Inc. v. Hoskinson, 200 So.3d 191, 192 (Fla. 5th DCA 2016) ); State Farm Fire & Cas. Co. v. Higgins, 788 So.2d 992, 1007 (Fla. 4th DCA 2001) (citing Best Meridian Ins. Co. v. Tu......
  • Jackson v. Household Fin. Corp., No. SC18-357
    • United States
    • United States State Supreme Court of Florida
    • July 2, 2020
    ...of the records, and the trial court erred in admitting the documents without a proper foundation. Cf. CitiMortgage, Inc. v. Hoskinson , 200 So. 3d 191, 192 (Fla. 5th DCA 2016) (holding that a witness was qualified to lay the foundation for a letter as a business record because she testified......
  • Spencer v. Ditech Fin., LLC, Case No. 2D16–4817
    • United States
    • Court of Appeal of Florida (US)
    • April 4, 2018
    ...of the company's routine practice for mailing letters. See id.; Edmonds, 215 So.3d at 630 ; see also CitiMortgage, Inc. v. Hoskinson, 200 So.3d 191, 192 (Fla. 5th DCA 2016) (holding that there was sufficient evidence to establish mailing based on routine business practices where witness tes......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT