Legal Opinion

Brian M. Beauchamp v. The Bank of New York Trust Company

District Court of Appeal of Florida

Decided October 15, 2014No. 4D13-3841PublishedCited by 15 opinions

1Opinion of the CourtConner, J.

Brian Beauchamp appeals the trial court’s final judgment of foreclosure in favor of the Bank of New York (“the Bank”). Although Beauchamp lodges several challenges to the final judgment, we find merit in only one of his arguments. Beauchamp argues that the trial court erred in admitting hearsay testimony as to the amount of debt owed under the note in connection with the contents of a business record without having the business record admitted into evidence. Without inadmissible hearsay, Beauchamp asserts that there was no evidence to establish the amount due on the note. We agree and reverse…

2Cases cited4 opinions

  1. Wolkoff v. American Home Mortgage Servicing, Inc.District Court of Appeal of Florida · 2014
  2. Sas v. Federal National Mortgage Ass'nDistrict Court of Appeal of Florida · 2013
  3. CCC Properties, Inc. v. KaneDistrict Court of Appeal of Florida · 1991
  4. Bulkmatic Transport Co. v. TaylorDistrict Court of Appeal of Florida · 2003

3Cited by15 opinions

  1. Natacha Peuguero and Angelo Peuguero v. Bank of America, N.A.District Court of Appeal of Florida · 2015
  2. Colson v. State Farm Bank, F.S.B.District Court of Appeal of Florida · 2015
  3. Clay County Land Trust 08-04-25-0078-014-27 v. JPMorgan Chase Bank, National Ass'nDistrict Court of Appeal of Florida · 2014
  4. MARLYN TRACEY v. WELLS FARGO BANK N. A.District Court of Appeal of Florida · 2019
  5. Deutsche Bank National Trust Company v. Colin F. Baker, Debbyta Baker, Mortgage Electronic, etc.District Court of Appeal of Florida · 2016

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