REYNALDO P. SANTANA
v.
DEUTSCHE BANK TRUST COMPANY AMERICAS, ETC.
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Evidence of a company's routine business practices is sufficient to establish a rebuttable presumption of mailing under Florida Statutes § 90.406.
[1] Proof of a company's general office practice regarding routine mailing procedures satisfies the requirement of establishing due mailing of documents such as breach or def…
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Join FLexlaw to unlock all legal intelligence“Evidence of a company's routine business practices under section 90.406, Florida Statutes, may be sufficient to establish a rebuttable presumption of mailing.”
Court's statement of applicable law citing Allen v. Wilmington Tr., N.A.
Reynaldo P. Santana appealed a circuit court decision involving Deutsche Bank Trust Company Americas concerning the mailing of a default letter in a m…
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PER CURIAM. Affirmed. See Allen v. Wilmington Tr., N.A., 216 So. 3d 685, 688 (Fla. 2d DCA 2017) (“Evidence of a company’s routine business practices under section 90.406, Florida Statutes (20), may be sufficient to establish a rebuttable presumption of mailing.”) (citation omitted); CitiMortgage, Inc. v. Hoskinson, 200 So. 3d 191, 192 (Fla. 5th DCA 2016) (holding bank had offered sufficient evidence to create a rebuttable presumption that the default letter was mailed as its witness “testified to her personal knowledge of [the bank’s] general practice of delivering breach letters to the mail room, where they [were] collected by the postal service”); see also Brown v. Giffen Indus., Inc., 281 So. 2d 897, 900 (Fla. 1973) (“[P]roof of general office practice satisfies the requirement of showing due mailing.”) (citation omitted).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Brown v. Giffen Indus., Inc., 281 So. 2d 897 (Fla. 1973)
- Citimortgage, Inc. v. Barbra A. Hoskinson, 200 So. 3d 191 (Fla. 5th DCA 2016)
- Allen v. Wilmington Tr., 216 So. 3d 685 (Fla. 2d DCA 2017)