NELSON DIAZ, APPELLANT,

v.

U.S. BANK NATIONAL ASSOCIATION, ETC., APPELLEE

Citator

Cited By (19 total)

• Natacha Peuguero and Angelo Peuguero v. Bank OF Am., N.A., 169 So. 3d 1198 (Fla. 4th DCA 2015)
  …Glarum v. LaSalle Bank Nat’l Ass’n, 83 So. 3d 780, 782 n. 2 (Fla. 4th DCA 2011). The records from a prior servicer must, of course, have some indicia of accuracy, either through personal knowledge of a witness, as discussed in Holt v. Calchas, LLC, 155 So. 3d 499, 504 (Fla. 4th DCA 2015), or a showing of some contractual relationship between the current and prior servicers. Bank of N.Y. v. Calloway, 157 So. 3d 1064, 1072 (Fla. 4th DCA 2015). For example, in WAMCO XXVIII, Ltd. v. Integrated Electronic Environ…
• Blum v. Deutsche Bank Tr. Co., 159 So. 3d 920 (Fla. 4th DCA 2015)
  …nd afforded the other party hereto a reasonable period after the giving such notice to take corrective action.” Deutsche Bank’s failure to comply with the condition precedent to filing suit requires a dismissal of the case. See Holt v. Calchas, LLC, 155 So. 3d 499, 507 n. 4 (Fla. 4th DCA 2015) (reversing for a dismissal because there was insufficient evidence that notice of default was sent). Because we are reversing and remanding [*921] for a dismissal, we need not address appellant’s other arguments on appe…
• Ensler v. Aurora Loan Servs., LLC, 178 So. 3d 95 (Fla. 4th DCA 2015)
  …n for involuntary dismissal based upon the lack of competent, substantial evidence concerning damages and entitlement to foreclose. “The standard of review for denial of a motion for involuntary dismissal at trial is de novo.” Holt v. Calchas, LLC, 155 So. 3d 499, 503 (Fla. 4th DCA 2015) (citation omitted). The elements to prove that evidence is admissible under the business records exception of section 90.803(6)(a), Florida Statutes (2013), are: (1) the record was made at or near the time of the event; (2…