Lucretia J. Vann v. Boncidium, LLC

• Court: District Court of Appeal of Florida
• Decided: June 18, 2026
• Docket: 3D2025-1759
• Status: Published

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 18, 2026. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D25-1759 Lower Tribunal No. 19-25792-CA-01 ________________

Lucretia J. Vann, Appellant,

vs.

Boncidium, LLC, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Javier Enriquez, Judge.

Lucretia J. Vann, in proper person.

Law Offices of Damian G. Waldman, P.A., and Damian G. Waldman, and Farha Ahmend (Largo), for appellee.

Before FERNANDEZ, LOBREE and GOODEN, JJ.

PER CURIAM. Affirmed. See § 671.201(23)(a), Fla. Stat. (2025) (“‘Holder’ means . .

. [t]he person in possession of a negotiable instrument that is payable either

to bearer or to an identified person that is the person in possession”); §

673.3011, Fla. Stat. (2025) (“The term ‘person entitled to enforce’ an

instrument means . . . [t]he holder of the instrument”); Gevertz v. Gevertz,

566 So. 2d 541, 544 (Fla. 3d DCA 1990) (“Florida law does not require that

a mortgage be recorded within a certain time period in order to be

enforceable.”); Wolkoff v. Am. Home Mortg. Servicing, Inc., 153 So. 3d 280,

281 (Fla. 2d DCA 2014) (“Typically a foreclosure plaintiff proves the amount

of indebtedness through the testimony of a competent witness who can

authenticate the mortgagee’s business records and confirm that they

accurately reflect the amount owed on the mortgage. Thereafter, the

business records are admitted into evidence.”); Bank of N.Y. v. Calloway,

157 So. 3d 1064, 1071 (Fla. 4th DCA 2015) (“Where a business takes

custody of another business’s records and integrates them within its own

records, the acquired records are treated as having been ‘made’ by the

successor business, such that both records constitute the successor

business’s singular ‘business record.’ However, since records crafted by a

separate business lack the hallmarks of reliability inherent in a business’s

self-generated records, proponents must demonstrate not only that ‘the other

2 requirements of [the business records exception rule] are met’ but also that

the successor business relies upon those records and ‘the circumstances

indicate the records are trustworthy.’”) (internal citation omitted); §

90.803(6)(a), Fla. Stat. (2025).