The
Florida District Court of Appeal, First District,reversed a trial
court’s final judgment of foreclosure, and remanded for dismissal of the action
for lack of prosecution.
In so
ruling, the Court held that the successor servicer’s witness offered only
general knowledge of ordinary mortgage practices to support the prior servicer’s
payment history records, which was insufficient to support the admissibility of
those records.
The Court
also held, given a lack of record activity at all times material, combined with
the mortgagee’s predecessor in interest’s failure to file a statement of good
cause prior to the hearing on the borrower’s motion to dismiss for lack of
prosecution, that the relevant Florida Rules of Civil Procedure mandated
dismissal of the action upon remand.
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