Andrasi v. JPMorgan Chase Bank, National Association
224 So. 3d 847
| Fla. Dist. Ct. App. | 2017Background
- JPMorgan Chase filed a mortgage foreclosure complaint against George and Edith Andrasi in September 2008; the case proceeded to a bench trial on August 26, 2013.
- The trial court admitted the promissory note (signed by Edith) and a loan transaction history showing a principal balance of $535,347.38 at default; the note was adjustable with negative amortization potential.
- The Bank repeatedly told the court and the Andrasis that it was seeking judgment only for the unpaid principal balance and would not seek interest, taxes, insurance, late fees, or other amounts reflected on the transaction history. The Andrasis relied on those assurances and limited their cross-examination accordingly.
- After the court ruled for the Bank, the Bank’s proposed final judgment (submitted before the Bank’s counsel completed edits) included additional monetary amounts beyond principal, producing a total judgment figure of $704,334 which the court signed.
- The Andrasis appealed, challenging (1) sufficiency of evidence for the principal amount and (2) inclusion of amounts the Bank had waived at trial.
Issues
| Issue | Plaintiff's Argument (Andrasi) | Defendant's Argument (Chase) | Held |
|---|---|---|---|
| Whether evidence supported the principal amount in the judgment | Transaction history did not reliably prove principal; trial evidence insufficient | Transaction history was a properly admitted business record proving principal balance | Affirmed: $535,347.38 principal supported by admissible transaction history |
| Whether Bank waived claim to non-principal amounts included in the judgment | Bank waived pursuit of interest, taxes, insurance, late fees by its repeated trial statements; judgment should exclude them | Bank sought only principal at trial but the final judgment nonetheless could include other amounts | Reversed as to non-principal amounts: waiver binding; judgment must be amended to $535,347.38 |
Key Cases Cited
- WAMCO XXVIII, Ltd. v. Integrated Elec. Env'ts, Inc., 903 So. 2d 230 (admissible business records can provide competent substantial evidence of debt amounts)
- Cayea v. CitiMortgage, Inc., 138 So. 3d 1214 (affirming foreclosure judgment based on bank payment records properly admitted)
- GNB, Inc. v. United Danco Batteries, Inc., 627 So. 2d 492 (appellate court will not reweigh evidence; reviews for competent substantial evidence)
- Band v. Libby, 113 So. 3d 113 (parties can waive or be estopped from asserting rights by their conduct or statements)
- Good Samaritan Hosp. Ass'n v. Saylor, 495 So. 2d 782 (party bound by stipulation or waiver of damages)