Colson v. State Farm Bank, F.S.B.
183 So. 3d 1038
| Fla. Dist. Ct. App. | 2015Background
- Foreclosure action against Colsons by State Farm Bank; trial held November 2013; State Farm introduced a Cenlar power of attorney, a breach/acceleration letter, and a loan payment history as evidence.
- Original note and mortgage were not admitted into evidence; the clerk was required to file the documents on record; testimony relied on for damages and loan balance was limited.
- The trial court admitted the payment history without a proper foundation; the final judgment amount lacked corroborating testimony or calculations.
- Colsons objected to the quality of the payment history and to admission of the evidence, and moved to strike the witness’ testimony as unreliable; the court denied the motion.
- Attorney’s fees and costs were argued but affidavits were not presented as evidence at trial; the bank stated affidavits could be filed if needed; remand for evidentiary proceedings was discussed.
- Court affirmed in part, reversed in part, and remanded for further proceedings consistent with the opinion, including a proper evidentiary record for damages and fees.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the final judgment amount is supported by competent evidence | Colsons: damages not proven; payment history insufficient | State Farm: history supports final figures | Partially for Colsons; damages require evidence-based revision |
| Whether the payment history was properly admitted and reliable | States Farm relied on history without adequate foundation | Evidence should be sufficient as business records | Partially for Colsons; payment history improperly admitted without proper foundation |
| Whether the attorney’s fees and costs award is supported by the record | Affidavits not admitted into evidence | Affidavits could be filed; some evidence present | Remand for evidentiary hearing on fees and costs warranted |
| Whether State Farm had standing to foreclose | State Farm must prove status as holder of note and mortgage | State Farm established standing | State Farm had standing; issue resolved in its favor on that point |
| Whether the case should be involuntarily dismissed on remand or otherwise | Wolkoff permits involuntary dismissal on remand | Wolkoff not controlling; remedy is remand for further proceedings | Not involuntary dismissal; remand necessary for damages/fees evidence |
| Whether remand for further proceedings is appropriate | Record lacks evidentiary support for final figures | Evidence could be developed on remand | Remand appropriate for damages and attorney’s fees evidence to be developed |
Key Cases Cited
- Wagner v. Bank of Am., N.A., 143 So.3d 447 (Fla. 2d DCA 2014) (sufficiency of the evidence standard in foreclosure appeals)
- Lacombe v. Deutsche Bank Nat'l Trust Co., 149 So.3d 152 (Fla. 1st DCA 2014) (first DCA on evidentiary sufficiency in foreclosures)
- Diwakar v. Montecito Palm Beach Condo. Ass'n, 143 So.3d 958 (Fla. 4th DCA 2014) (remand for evidentiary hearing on fees where record contains some evidence)
- Wolkoff v. American Home Mortgage Servicing, Inc., 153 So.3d 280 (Fla. 2d DCA 2014) (reversal/remand context; motion to dismiss discussed)
- Fair v. Kaufman, 647 So.2d 167 (Fla. 2d DCA 1994) (original requirement to admit original note or satisfactory explanation)