Opinion
No. 1D18-4422
05-08-2020
CDC CAPITAL INVESTMENTS, LLC, as Trustee, Appellant, v. BAYVIEW LOAN SERVICING, LLC, Appellee.
Ian P. Hudson of King Hudson, PLLC, St. Petersburg, for Appellant. Alexis Fields of Kopelowitz, Ostrow, Ferguson, Weiselberg, Gilbert, Fort Lauderdale; Richard S. McIver and H. Michael Muniz of Kass Shuler, P.A., Tampa, for Appellee.
Ian P. Hudson of King Hudson, PLLC, St. Petersburg, for Appellant.
Alexis Fields of Kopelowitz, Ostrow, Ferguson, Weiselberg, Gilbert, Fort Lauderdale; Richard S. McIver and H. Michael Muniz of Kass Shuler, P.A., Tampa, for Appellee.
Per Curiam.
We find that the trial court erred in granting summary final judgment of foreclosure, as Appellee failed to properly prove amounts due by competent substantial evidence. See Clay Cty. Land Tr. No. 08-04-25-0078-014-27, Orange Park Tr. Servs., LLC v. JPMorgan Chase Bank, Nat’l Ass’n , 152 So. 3d 83 (Fla. 1st DCA 2014) (reversing summary judgment where the affidavit establishing the amount due relied on business records from the prior owner of the note and there was no showing the affiant was familiar with the prior business’s practices or had verified the accuracy of the records). See also Hunter v. Aurora Loan Servs., LLC , 137 So. 3d 570, 573 (Fla. 1st DCA 2014) (finding error in admitting computer-generated documents offered through a loan services employee who was not an employee of original mortgage holder, lacked personal knowledge of original holder’s record-keeping procedures, and was unable to substantiate when the records were made, whether the information they contained derived from a person with knowledge, whether original owner regularly made such records, or whether the records belonged to original owner); Channell v. Deutsche Bank Nat’l. Tr. Co. , 173 So. 3d 1017, 1019 (Fla. 2d DCA 2015) (holding that where a "business takes custody of another business’s records and integrates them within its own records, the acquired records are treated as having been ‘made’ by the successor business, such that both records constitute the successor business’s singular ‘business record.’ " (citing Bank of N.Y. v. Calloway , 157 So. 3d 1064, 1071 (Fla. 4th DCA 2015) )).
We have considered and rejected Appellee’s argument that Appellant had no standing to challenge the foreclosure. See, e.g. , Green Emerald Homes, LLC v. 21st Mortgage Corp. , 44 Fla. L. Weekly D1449, ––– So.3d ––––, 2019 WL 2398015 (Fla. 2d DCA June 7, 2019).
We reverse only as to the judgment amount and remand for further proceedings to establish that amount. The order under review is otherwise affirmed.
AFFIRMED in part, REVERSED in part and REMANDED .
Lewis, Makar, and Winokur, JJ., concur.