HENRY HOLT ET AL., TRADING AND DOING BUSINESS AS THOMSON & MCKINNON, APPELLANTS,
v.
LAURENCE H. GRIMES, APPELLEE

Fla. 3d DCA | 1972-04-25
No. 71-1210
Before BARKDULL, C. J., PEARSON, J., and HARDING, MAJOR B„ Associate Judge.
261 So. 2d 528 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 8 cases
Opinion of the Court
PER CURIAM.

PER CURIAM.

This is an appeal filed by plaintiff below seeking review of a directed verdict entered at the close of plaintiff’s case. At trial the judge sustained objections to certain records which were offered into evidence, whereupon plaintiff rested as the records allegedly were necessary to the establishment of its case. The record on appeal reflects absolutely no testimony as to the mode of preparation of these records nor was the witness testifying in regard to the records in the relationship of “custodian or other qualified witness” as required by F.S. § 92.36, F.S.A. See Mastan Co. v. American Custom Homes, Inc., Fla.App.1968, 214 So.2d 103. The trial court did not err in sustaining the objections and directing the verdict.

Affirmed.

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Cited By

  • Nationstar Mortg., LLC v. Berdecia, 169 So. 3d 209 (Fla. 5th DCA 2015)
    …st DCA 2011) (citing Forester, 610 So. 2d at 1373). In other words, the witness must be “well enough acquainted with the activity to give the testimony.” Alexander v. Allstate Ins. Co., 388 So. 2d 592, 593 (Fla. 5th DCA 1980) (citing Holt v. Grimes, 261 So. 2d 528 (Fla. 3d DCA 1972)). In the mortgage foreclosure context, proper authentication by a witness for the purposes of the business records exception “requires that the witness demonstrate familiarity with the record-keeping system of [the] business that…
  • Alexander v. Allstate Ins. Co., 388 So. 2d 592 (Fla. 5th DCA 1980)
    …ss is either in charge of the activity constituting the usual business practice or is well enough acquainted with the activity to give the testimony. Mastan Co., Inc. v. American Custom Homes, Inc., 214 So. 2d 103 (Fla. 2d DCA 1968); Holt v. Grimes, 261 So. 2d 528 (Fla. 3d DCA 1972). This adjuster was not shown to be so qualified. Additionally, proof of practice, habit, or custom alone does not constitute performance of an act on a specific occasion; there must also be some proof that practice was followed in…
  • Cap. Nat'l Bank OF Miami v. Chancellor Props., Inc., 291 So. 2d 35 (Fla. 3d DCA 1974)
    …ed bank examiner. We have examined this issue and find it not to present any case for a finding of error on the part of the trial judge. Mastan Company, Inc. v. American Custom Homes, Inc., Fla.App.1968, 214 So. 2d 103; Holt v. Grimes, Fla.App.1972, 261 So. 2d 528; Fla.Stat. § 92.36(2), F.S.A.…

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