Marta A. Marcano v. JPMorgan Chase Bank, National Association

Summary

The Third District Court of Appeal of Florida affirmed the circuit court's judgment in favor of JPMorgan Chase Bank. The court addressed the requirements for establishing a business-record foundation through a record custodian and recognized that subsequent mortgage-payment defaults may create a new foreclosure cause of action after dismissal of an earlier foreclosure action.

Holdings

1. A record custodian who testifies under oath need not be the person who prepared the document, but must demonstrate knowledge of each requirement necessary to establish the business-record foundation.
2. Each subsequent default accruing after dismissal of an earlier foreclosure action creates a new cause of action, regardless of whether the earlier dismissal was with or without prejudice, and a mortgagee may assert a cause of action based on subsequent failed payments.

Questions Presented

1. Whether the business-record foundation was adequately established through the testimony of a record custodian who did not personally prepare the document.
2. Whether subsequent mortgage-payment defaults following dismissal of an earlier foreclosure action constituted a new cause of action.

Disposition

affirmed