EARL C. OGDEN, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
EARL C. OGDEN, PETITIONER,
STATE OF FLORIDA, RESPONDENT
166 So. 3d 857
Florida District Court of Appeal, First District (2015)
Negative Treatment
Cited by 10 cases
Opinion of the Court
The petition alleging ineffective. assistance of appellate counsel is denied on the merits.
WOLF, ROWE, and SWANSON, JJ., concur.
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Channell v. Deutsche Bank Nat'l Tr. Co. under Pooling & Servicing Agreement dated as of January 1, 173 So. 3d 1017 (Fla. 2d DCA 2015)…956 (Fla.2008)). Where the record is in the form of computer or electronic records, such as a computerized loan transaction history, the foundational witness ought to possess knowledge of the record-keeping system. See Bank of Am., N.A. v. Delgado, 166 So. 3d 857, (Fla. 3d DCA May 6, 2015). Further, where the witness called to testify is not the person who prepared the purported business record, the witness must demonstrate knowledge of each of these requirements for admissibility. Calloway, 157 So. 3d at 10…
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Isaiah L. Spencer & Shatika L. Spencer v. Ditech Fin., 242 So. 3d 1189 (Fla. 2d DCA 2018)
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Nationstar Mortg., LLC v. Marquez, 180 So. 3d 219 (Fla. 3d DCA 2015)…the contrary, Mr. Chibnik testified he was familiar with Ms. Marquez’ account which, prior to transfer, was kept by Aurora in the ordinary course of regularly conducted activity. See § 90.803(6), Fla. Stat. (2013); Bank of America, N.A. v. Delgado, 166 So. 3d 857. (Fla. 3d DCA 2.015). The trial court admitted the account records, without objection, as to their accuracy. Moreover, Ms. Marquez voluntarily withdrew her affirmative defenses and counterclaim prior to trial. Having satisfied the statutory, requir…
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