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FL Supreme CourtJuly 2, 2020Second District decision approved; Maslak v. Wells Fargo disapproved (certified conflict resolved)⚡ Circuit Split Resolved

Jackson v. Household Finance Corp. III

Case No. SC18-357

Resolving certified conflict between the Second and Fourth Districts, the Florida Supreme Court held that a qualified witness who testifies to each of the four foundational elements of the business records exception in section 90.803(6)(a) — even in language tracking the statute — lays a sufficient predicate for admission. The Court rejected the Fourth District's requirement in Maslak that the witness also detail the basis for his familiarity with the company's practices or explain how records were generated and maintained, and held that once the statutory predicate is laid, the burden shifts to the opponent to show untrustworthiness.

Key facts

  • Jackson sued Household Finance Corp. III in a collections or foreclosure matter involving business records as evidence.
  • The trial court admitted business records under the hearsay exception in Florida Statute § 90.803(6)(a) based on witness testimony laying the foundational elements.
  • +2 more key facts with a free trial

Why it matters

This is the controlling Florida Supreme Court statement on how to lay (and how to attack) a business records predicate, and it dramatically lowers the proponent's burden in foreclosure, collections, and any commercial… — full analysis with a trial

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