NATIONAL COLLEGIATE STUDENT LOAN TRUST 2006-4 v. KERRY MEYER
265 So. 3d 715
Fla. Dist. Ct. App.2019Background
- Borrower Sean Meyer and cosignor/guarantor Kerry Meyer executed a Bank of America private student "loan request/credit agreement" for $30,000; both signed and endorsed the disbursement check.
- Borrower and cosignor allegedly defaulted by failing to make the initial payment due November 17, 2011.
- National Collegiate Student Loan Trust 2006-4 (NCSLT) sued Kerry Meyer for breach of the loan agreement and attached the signed credit agreement pages, a note disclosure, the endorsed check, a 2006-4 Pool Supplement, a roster identifying the loan, and the deposit-and-sale agreement showing the loans were sold to NCSLT.
- The trial court dismissed NCSLT’s second amended complaint with prejudice after prior dismissals; Kerry Meyer moved to dismiss under Fla. R. Civ. P. 1.140(b), arguing lack of standing and failure to state a cause of action.
- The Second District considered whether the face of the complaint and its attachments defeated standing or failed to plead breach elements and reviewed the dismissal de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to sue as owner/assignee of the loan | NCSLT alleged and attached documents showing transfer/sale of the loan into the trust (pool supplement, roster, deposit-and-sale agreement), establishing ownership and standing | Meyer argued NCSLT lacked standing to enforce the loan and therefore suit should be dismissed | Reversed: attachments and allegations were sufficient on the complaint face to survive a Rule 1.140(b) dismissal; standing is an affirmative defense requiring proof by defendant |
| Failure to state a breach-of-contract claim | NCSLT attached the signed credit agreement (material portions), alleged joint liability, nonpayment, and damages (principal + interest) | Meyer contended the complaint did not adequately plead the contract elements or attach necessary documents | Reversed: pleaded ultimate facts and attached material portions of the agreement satisfied Rule 1.130 and stated a cause of action for breach |
Key Cases Cited
- Llano Fin. Grp., LLC v. Yespy, 228 So. 3d 108 (Fla. 4th DCA 2017) (complaint review for standing confined to its four corners; accept well-pled allegations)
- Lawson v. Frank, 197 So. 3d 1269 (Fla. 2d DCA 2016) (standing is an affirmative defense that may be waived if not pled)
- Papa John's Int'l, Inc. v. Cosentino, 916 So. 2d 977 (Fla. 4th DCA 2005) (affirmative defenses appearing on face of complaint may be considered on motion to dismiss)
- Landmark Funding, Inc. ex rel. Naples Syndications, LLC v. Chaluts, 213 So. 3d 1078 (Fla. 2d DCA 2017) (complaint alleging ultimate facts and lacking contradictory attachments is sufficient on standing at motion-to-dismiss stage)
- Ferguson Enters. v. Astro Air Conditioning & Heating, Inc., 137 So. 3d 613 (Fla. 2d DCA 2014) (elements required to state a breach of contract claim)
- Student Loan Mktg. Ass'n v. Morris, 662 So. 2d 990 (Fla. 2d DCA 1995) (reversing dismissal where complaint complied with pleading rules for loan enforcement)