Legal Opinion

Deutsche Bank National Trust Co. v. Alaqua Property

District Court of Appeal of Florida

Decided April 22, 2016No. 5D14-4326PublishedCited by 6 opinions

1Opinion of the CourtLambert, J.

The-issue that we address in this mortgage foreclosure appeal is whether a party seeking ter admit a promissory note into evidence at trial must establish that the note is a business record under the business records exception to the hearsay rule. Because we conclude:that the promissory note is not hearsay^ our answer to this question is no. Accordingly, we reverse the final judgment on-appeal.

Appellant, Deutsche Bank National Trust Company Americas, as Trustee for Residential Accredit Loans, Inc., Mortgage Asset-Backed Pass-Through Certificates, Series 20061A7 (“Bank”), sued Jared Martinez,…

2Cases cited9 opinions

  1. Rockwall Commons Associates, Ltd. v. MRC Mortgage Grantor Trust I, Texas Court of Appeals, 8th District (El Paso)2010
  2. Riggs v. AURORA LOAN SERVICES, LLCDistrict Court of Appeal of Florida · 2010
  3. Deutsche Bank National Trust Co. v. ClarkeDistrict Court of Appeal of Florida · 2012
  4. Cadle Co. v. ErratoConnecticut Appellate Court · 2002
  5. In Re VargasUnited States Bankruptcy Court, C.D. California · 2008

4 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. CITIGROUP MORTGAGE LOAN TRUST, ETC v. SHARON SCIALABBADistrict Court of Appeal of Florida · 2018
  2. Green Tree Servicing, LLC v. AtchisonDistrict Court of Appeal of Florida · 2017
  3. Philip Morris USA v. GlogerDistrict Court of Appeal of Florida · 2019
  4. Strong v. UnderwoodDistrict Court of Appeal of Florida · 2019
  5. Strong v. UnderwoodDistrict Court of Appeal of Florida · 2019

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API