DETELINA Y.A. MITEVA, APPELLANT,
v.
AMERICAN EXPRESS BANK, FSB, APPELLEE
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CONFESSION OF ERROR
The defendant, Detelina Y.A. Miteva, appeals the trial court’s order entering summary final judgment in favor of the plaintiff, American Express Bank, FSB (“American Express”). As American Express properly concedes, the order granting summary final judgment in its favor must be reversed because (1) there is a lack of record evidence to establish that American Express had standing at the time it filed its breach of contract action against Miteva, see Gonzalez v. Deutsche Bank Nat’l Trust Co., 95 So.3d 251, 253-54 (Fla. 2d DCA 2012); Venture Holdings & Acquisitions Grp., LLC v. A.I.M. Funding Grp., LLC, 75 So.3d 773, 776 (Fla. 4th DCA 2011), and (2) the incorrect card-member agreement was attached to American Express’s complaint. Accordingly, we reverse the order under review and remand for further proceedings. On remand, American Express is permitted to (1) establish by record evidence that it had standing at the time it filed its breach of contract action against Miteva and (2) file an amended complaint referencing and attaching the correct cardholder agreement.
Based on American Express’s proper confession of error, we need not address the remaining issues raised by Miteva.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Fonte v. Am. Express Bank, FSB, 227 So. 3d 146 (Fla. 2d DCA 2017)…r. Fonte and American Express. The only document attached to the complaint was a standard corporate credit card agreement, and nothing in that document indicated that Mr. Fonte or Hop-Hedz was bound by its terms. Cf. Miteva v. Am. Express Bank, FSB, 149 So. 3d 755, 755 (Fla. 3d DCA 2014). Further, Mr. Fonte’s affidavit, as well as Mr. Ortiz’s, states that American Express affirmatively agreed that Mr. Fonte would not be liable for any debt of Hop-Hedz after 1999. American Express also failed to prove the amo…
Authorities Cited
- Venture Holdings & Acquisitions Grp., LLC v. A.I.M. Funding Grp., LLC, 75 So. 3d 773 (Fla. 4th DCA 2011)
- Gonzalez v. Deutsche Bank Nat'l Tr. Co. as Indenture Tr. for Am. Home Mortg. Inv. Tr. 2006-1, 95 So. 3d 251 (Fla. 2d DCA 2012)