Ocwen Loan Servicing, LLC v. Gundersen » The Florida E-Discovery Case Law Database » Levin College of Law » University of Florida

Ocwen Loan Servicing, LLC v. Gundersen

Ocwen Loan Servicing, LLC v. Gundersen

Case Date: 09/28/2016
Citation: Ocwen Loan Servicing, LLC v. Gundersen, 204 So. 3d 530 (Fla. 4th DCA 2016)
Court Type: District Court of Appeal
Court: Fla. 4th DCA
Judge: Judge: Spencer D. Levine
Issues:

Whether the trial court abused its discretion in denying evidence under the business record hearsay exception.

Resolution:

The Court held that the trial court did abuse its discretion in denying evidence under the business records exception. The witness demonstrated knowledge of the company’s records process, and the witness’ testimony further demonstrated the trustworthiness of the records. As such, the trial court should have admitted the records as evidence under the business record hearsay exception.

Relevant Documents:

Appellant’s Reply Brief

Appelle’s Answer Brief

Initial Brief on Merits

Decision

E-discovery Tags: Preservation and Collection

Published: January 3rd, 2018

Category: Uncategorized


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