SPECIALTY LININGS, INC., APPELLANT,
v.
THE B.F. GOODRICH COMPANY, APPELLEE

Fla. 2d DCA | 1988-10-21
No. 87-1847
HALL and PARKER, JJ., concur.
532 So. 2d 1121 Florida District Court of Appeal, Second District (1988) Positive Treatment
Cited by 18 cases

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Holding

The court held that the trial court abused its discretion by admitting a computerized billing statement as a business record without a proper predicate.


Headnotes

[1] A computerized billing statement offered as a business record requires testimony from the custodian or another qualified witness regarding its preparation, reliability, a…

[2] A witness is qualified to testify about business records if they are in charge of the activity constituting the usual business practice or are well-acquainted with it.

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Facts & Procedural History

Appellee sued appellant for an outstanding balance on products sold, relying on a computerized monthly billing statement. The statement was introduced…

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Opinion of the Court
RYDER, Acting Chief Judge.

RYDER, Acting Chief Judge.

This is an appeal from a final judgment in appellee’s favor on appellee’s cross-claim against appellant. Appellant contends that the trial court abused its discretion when it held that a proper predicate was laid for the admission of a computerized monthly billing statement as a business record under the business records exception to the hearsay rule. We agree.

Section 90.801, Florida Statutes (1987), defines hearsay as: “[A] statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted.” Section 90.803, Florida Statutes (1987), lists the exceptions to the hearsay rule. Among the exceptions to the hearsay rule is the business records exception. § 90.803(6), Fla.Stat. (1987). The business records exception provides:

A memorandum, report, record, or data compilation, in any form, of acts, events, conditions, opinions, or diagnosis, made at or near the time by, or from information transmitted by, a person with knowledge, if kept in the course of a regularly conducted business activity and if it was the regular practice of that business activity to make such memorandum, report, record, or date compilation, all as shown by the testimony of the custodian or other qualified witness, unless the sources of information or other circumstances show lack of trustworthiness.

“Computer printouts, like business records, are admissible if the custodian or other qualified witness is available to testify as to manner of preparation, reliability and trustworthiness of the product.” Pickrell v. State, 301 So. 2d 473, 474 (Fla. 2d DCA 1974). “In order to prove a fact of evidence of usual business practices, it must first be established that the witness is either in charge of the activity constituting the usual business practice or is well enough acquainted with the activity to give the testimony.” Alexander v. Allstate Insurance Company, 388 So. 2d 592, 593 (Fla. 5th DCA 1980). The trial judge has “broad discretion in determining if the evidence adduced laid the proper foundation for reception under section 92.36(2), Florida Statutes, F.S.A. [Business Records Exception].” The Mastan Co., Inc. v. American Custom Homes, Inc., 214 So. 2d 103, 111 (Fla. 2d DCA 1968).

In the instant case, Peabody Process Systems, Inc. brought this suit against appellant, appellee and a third defendant. Ap-pellee filed a cross-claim against appellant and the other defendant alleging appellant owed appellee $202,110.89 for products appellee sold to appellant.

To prove its cross-claim, appellee relied upon a computerized monthly billing statement. The statement was introduced through the testimony of Edwin L. Darby, appellee’s general manager of its general sheet products department. On direct examination, Darby testified that the computerized statement was “our statement that we send to our customers every month to give them the bill for the products they bought from us.” Darby testified that the statement reflected that appellant owed appellee $202,272.26.

On cross-examination, when Darby was asked about who prepared the computerized statement, Darby testified:

A. This would be done by our computer services people, our MRS, our invoicing accounting people.

Q. That is an entirely separate group from your department, is it not?

A. They report to our organization, yes. They provide the services for our business.

Q. But as far as sending invoices and taking care of accounts receivable, that’s done by an accounting group as opposed to your group?

A. That’s correct.

Q. Neither you nor anyone directly under your supervision prepares invoices though of this nature; is that correct?

A. That’s correct.

Q. As far as the underlining documents of that summary, are you familiar with those documents at all?

A. Familiar with these documents?

Q. I believe they are — this invoice purports to represent a number of transactions back and forth?

A. Oh, yes.

Q. Are you familiar in any detail with any of those transactions other than it purports to be—

A. No, I’m not.

Q. And if there was any basis for dispute about whether a particular invoice was due are (sic) not due, you would have no particular knowledge about this?

A. No, sir, I would not.

The trial court abused its discretion when it held that Darby’s testimony laid a proper predicate for admission of the computerized statement. Darby was not the custodian of the statement. Pickrell at 474. He was not an otherwise qualified witness. Id. Darby was not “in charge of the activity constituting the usual business practice.” Alexander at 593. He admitted that neither he nor anyone under his supervision prepared such statements. Darby was not “well enough acquainted with the activity to give the testimony." Id. He admitted that he was not familiar with any of the transactions represented by the computerized statement. He also admitted that he would have no knowledge about whether a particular invoice was due or not due.

Because Darby was not a qualified witness, his testimony did not lay a proper predicate for admission of the computerized statement. Without a proper predicate being laid for admission of the computerized statement, the computerized statement which formed the basis of appellee’s cross-claim was inadmissible hearsay. The trial court abused its discretion when it admitted the statement. Consequently, we must reverse the judgment on the cross-claim and remand for a new trial.

REVERSED.

HALL and PARKER, JJ., concur.


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Citator

Cited By

  • Shara N. Cooper v. State, 45 So. 3d 490 (Fla. 4th DCA 2010)
    …e need not call the person who actually prepared the business records in order to lay a foundation for admitting the records into evidence. Mann v. State, 787 So. 2d 130, 135 (Fla. 3d DCA 2001); see also Specialty Linings, Inc. v. B.F. Goodrich Co., 532 So. 2d 1121, 1121 (Fla. 2d DCA 1988) (“ ‘In order to prove a fact of evidence of usual [*493] business practices, it must first be established that the witness is either in charge of the activity constituting the usual business practice or is well enough acquai…
  • Kurynka v. Tamarac Hosp. Corp., Inc., 542 So. 2d 412 (Fla. 4th DCA 1989)
    …v. Florida Unemployment Appeals Commission, 536 So. 2d 1074 (Fla. 4th DCA 1988); National Car Rental System, Inc. v. Holland, 269 So. 2d 407 (Fla. 4th DCA 1972), cert. denied, 273 So. 2d 768 (Fla.1973); Specialty Linings, Inc. v. B.F. Goodrich Co., 532 So. 2d 1121 (Fla.2d DCA 1988); Beasley v. Mitel of Delaware, 449 So. 2d 365 (Fla. 1st DCA 1984); City of Tampa v. Green, 390 So. 2d 1220 (Fla. 1st DCA 1980); Brown v. State, 389 So. 2d 269 (Fla. 1st DCA 1980); Jaime v. Vilberg, 363 So. 2d 386 (Fla.3d DCA 1978),…
  • Jackson v. Household Fin. Corp. III, 298 So. 3d 531 (Fla. 2020)

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