On May 15, 2018 a
Letter,Correspondence
was filed
involving a dispute between
Td Bank Usa, N.A.,
and
Breezi M Paxton,
for Matters Involving Claims 501 - 2500
in the District Court of Charlotte County.
Preview
Peter A. BELt
County Court Jupce
‘Twenriers Jupiciat Circurt Or Foripa
CHARLOTTE COUNTY JUSTICE CENTER
Tel.(941) 637-2291
‘350 EAST MARION AVENUE.
Fax.(941) 637-2101
Punta Corba, Fiorina 33950 g S
March 27, 2019 2
2 3
= nm
7 |
° °
Alissa Hussey, Esq. £ mot
RAS LaVrar, LLC Soe 4
1133 S. University Drive, 2" Floor aS
Plantation, FL 33324 ra Oo
Re: TD Bank USA vs. Paxton, Charlotte County Case No. 18-666-SP
Dear Ms. Hussey:
I am in receipt of a proposed Default Final Judgment in the above-referenced case. The record
includes an Affidavit submitted to prove the claim. The contents of any Affidavit must be based
on personal knowledge unless an exception to the hearsay rule applies. The business records
exception can apply to have business records admitted however, once the predicate for the
admissibility of the business records is laid, that does not make someone’s recollection of what
they read in those records admissible. The actual business record must be submitted with and
referenced in the Affidavit. The Affidavit in the above-referenced case has no business record
attached as an exhibit, therefore I cannot enter a Judgment in this case at this time. Please feel
free to correct this problem.
This letter is being sent as a courtesy. It is expected that your firm will establish procedures for
the proper submission of business records evidence in the future. If] receive defective
submissions from this point forward I will simply not enter the proposed Judgment.
Sincerely,
PETER A. BELL
Peter A. Bell
County Court Judge
PAB/Id
cc: Court File
Enclosure — proposed Default Final Judgment
Document Filed Date
March 28, 2019
Case Filing Date
May 15, 2018
Category
Matters Involving Claims 501 - 2500
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Preview
Peter A. BELt County Court Jupce ‘Twenriers Jupiciat Circurt Or Foripa CHARLOTTE COUNTY JUSTICE CENTER Tel.(941) 637-2291 ‘350 EAST MARION AVENUE. Fax.(941) 637-2101 Punta Corba, Fiorina 33950 g S March 27, 2019 2 2 3 = nm 7 | ° ° Alissa Hussey, Esq. £ mot RAS LaVrar, LLC Soe 4 1133 S. University Drive, 2" Floor aS Plantation, FL 33324 ra Oo Re: TD Bank USA vs. Paxton, Charlotte County Case No. 18-666-SP Dear Ms. Hussey: I am in receipt of a proposed Default Final Judgment in the above-referenced case. The record includes an Affidavit submitted to prove the claim. The contents of any Affidavit must be based on personal knowledge unless an exception to the hearsay rule applies. The business records exception can apply to have business records admitted however, once the predicate for the admissibility of the business records is laid, that does not make someone’s recollection of what they read in those records admissible. The actual business record must be submitted with and referenced in the Affidavit. The Affidavit in the above-referenced case has no business record attached as an exhibit, therefore I cannot enter a Judgment in this case at this time. Please feel free to correct this problem. This letter is being sent as a courtesy. It is expected that your firm will establish procedures for the proper submission of business records evidence in the future. If] receive defective submissions from this point forward I will simply not enter the proposed Judgment. Sincerely, PETER A. BELL Peter A. Bell County Court Judge PAB/Id cc: Court File Enclosure — proposed Default Final Judgment