Silicon Valley Bank v. Miracle Faith World Outreach, Inc.
140 Conn. App. 827
Conn. App. Ct.2013Background
- Plaintiff Silicon Valley Bank sues on promissory note secured by mortgage against Miracle Faith World Outreach, Inc.
- Note and related loan documents dated May 14, 2002; modification in 2008; loan matured 2012.
- Defendant defaulted December 1, 2008 to May 1, 2009; notice of default May 6, 2009.
- Original note lost; plaintiff proved loss and authenticity of a copy (lost-instrument scenario).
- SVB Online screenshots and a plaintiff-created spreadsheet admitted to prove debt; attorney’s fees later contested.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Admissibility of a copy of a lost note under UCC | Plaintiff satisfied §42a-3-309; copy authentic and reliable. | Lost-note proof requirements not met; copy insufficient. | No abuse; copy admitted and enforceable. |
| Admissibility of SVB Online screenshots under business records | Screenshots reliable business records; witness familiar with method and records. | Limited employee involvement questions reliability. | Screenshots properly admitted under business records exception. |
| Court's allowing opening of case to prove attorney’s fees | Opening was warranted due to inadvertence and to recover contractual fees. | Unfair or prejudicial to allow post-close evidence. | Affirmed; court acted within its discretion to open case. |
| Reasonableness of attorney’s fees on appeal | Fees reasonable; trial court made reasonable determinations. | Hourly rate and reasonableness should be reevaluated. | Issue not preserved for review; affirmed judgment on other grounds. |
Key Cases Cited
- Guaranty Bank & Trust Co. v. Dowling, 4 Conn. App. 376 (1985) (lost-note enforcement under UCC 42a-3-309)
- New England Savings Bank v. Bedford Realty Corp., 238 Conn. 745 (1996) (documents must support amount when relying on records)
- American Oil Co. v. Valenti, 179 Conn. 349 (1979) (electronic records reliability; knowledge of record-keeping)
- Stokes v. Norwich Taxi, LLC, 289 Conn. 465 (2008) (abuse of discretion standard for evidentiary rulings)
- Berkeley Federal Bank & Trust, FSB v. Ogalin, 48 Conn. App. 205 (1998) (foundation requirements for business records)
- DiLieto v. County Obstetrics & Gynecology Group, P.C., 297 Conn. 105 (2010) (opening evidence appropriate to prevent miscarriage of justice)
- Central Bank v. Colonial Romanelli Associates, 38 Conn. App. 575 (1995) (trusts and records; admissibility of documents)
- American Oil Co. v. Valenti, 179 Conn. 349 (1979) (reiterated standard for computerized records reliability)