Aylsworth v. Mutiny On the Bay Condo. Ass'n, Inc.

275 So. 3d 781
CourtDistrict Court of Appeal of Florida
DecidedJune 26, 2019
DocketNo. 3D18-2052
StatusPublished

This text of 275 So. 3d 781 (Aylsworth v. Mutiny On the Bay Condo. Ass'n, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aylsworth v. Mutiny On the Bay Condo. Ass'n, Inc., 275 So. 3d 781 (Fla. Ct. App. 2019).

Opinion

PER CURIAM.

Affirmed. See Deutsche Bank Nat'l Tr. Co. v. de Brito, 235 So. 3d 972, 975 (Fla. 3d DCA 2017) ("The foundation for admission of a business record may be established by a records custodian or other qualified witness, and that witness authenticating the records need not be the person who actually prepared the business records. The witness just needs to be well enough acquainted with the activity to testify that the successor business relies on those records, and that the circumstances indicate the records are trustworthy.") (internal citations omitted) (citing Bank of N.Y. v. Calloway, 157 So. 3d 1064 (Fla. 4th DCA 2015) ; Nationstar Mortg., LLC v. Berdecia, 169 So. 3d 209, 216 (Fla. 5th DCA 2015) ; Cayea v. CitiMortgage, Inc., 138 So. 3d 1214, 1217 (Fla. 4th DCA 2014) ); Progressive Express Ins. Co. v. Camillo, 80 So. 3d 394, 402 (Fla. 4th DCA 2012) ("Proof of mailing of a document to the correct address creates a presumption that the item mailed was, in fact, received.") (citation omitted); Berwick v. Prudential Prop. & Cas. Ins. Co., 436 So. 2d 239, 240 (Fla. 3d DCA 1983) ("It is presumed that mail properly addressed, stamped and mailed was received by the addressee.") (citing Brown v. Giffen Indus., Inc., 281 So. 2d 897 (Fla. 1973) ; Milros-Sans Souci, Inc. v. Dade Cty., 296 So. 2d 545 (Fla. 3d DCA 1974) ); see also Allstate Ins. Co. v. Eckert, 472 So. 2d 807, 809 (Fla 4th DCA 1985) (holding that where "no credible evidence *782sufficient to sustain a finding of the nonexistence of the presumed fact was introduced, the trier of fact was required to assume the existence thereof") (citing § 90.302, Fla. Stat.).

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Related

Brown v. Giffen Industries, Inc.
281 So. 2d 897 (Supreme Court of Florida, 1973)
Berwick v. Prudential Property & Cas. Ins. Co.
436 So. 2d 239 (District Court of Appeal of Florida, 1983)
Milros-Sans Souci, Inc. v. Dade County
296 So. 2d 545 (District Court of Appeal of Florida, 1974)
Allstate Ins. Co. v. Eckert
472 So. 2d 807 (District Court of Appeal of Florida, 1985)
Bank of New York v. Andrew Calloway
157 So. 3d 1064 (District Court of Appeal of Florida, 2015)
Deutsche Bank National Trust Co. v. De Brito
235 So. 3d 972 (District Court of Appeal of Florida, 2017)
Cayea v. Citimortgage, Inc.
138 So. 3d 1214 (District Court of Appeal of Florida, 2014)
Nationstar Mortgage, LLC v. Berdecia
169 So. 3d 209 (District Court of Appeal of Florida, 2015)
Progressive Express Insurance v. Camillo
80 So. 3d 394 (District Court of Appeal of Florida, 2012)

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Bluebook (online)
275 So. 3d 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aylsworth-v-mutiny-on-the-bay-condo-assn-inc-fladistctapp-2019.