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76 On July 2, 2020, the Florida Supreme Court, in a 4-2 decision, resolved a conflict between Florida's Second and Fourth District Courts of Appeal. In resolving the conflict, the court held that the proper predicate or foundation for the admission of records into evidence under the business records exception to the hearsay rule can be laid by a qualified witness simply by testifying to the foundational elements of the exception as set forth in § 90.803(6) Fla. Stat. e opinion is Jackson v. Household Fin. Corp. III, Fla. L. Weekly S205, 2020 WL 3580036 (Fla. July 2, 2020). is decision is favorable to lenders, servicers, and their counsel and is likely to have a great impact on different aspects of contested foreclosure actions including testimony and evidentiary rulings at trial. When relying on business records to prove their case at trial, lenders and loan servicers often face opposition from borrowers and their counsel who raise evidentiary objections to the admissibility of those records. In addition to that resistance, despite the plain language found in § 90.803(6) Fla. Stat., which specifically delineates the elements required for the business records exception to apply to the hearsay rule, different courts and judges commonly interpret the exact requirements differently. is ever-changing standard created a moving target making it problematic for lenders and loan servicers along with their counsel to prepare for trial, often providing an advantage to those opposing the admissibility of the business records. e holding by the Florida Supreme Court now provides clarity and more certainty to what previously could be described as an amorphous standard or requirement. e significance of a clear-cut standard of what is required to lay the foundation is important because, once that foundation is laid, the burden then switches to the opponent of the business records to establish the untrustworthiness of the records, the lack of knowledge of the witness, or any other grounds that would call into question the reliability of the records. e Florida Supreme Court has now set forth exactly what a proponent of business records must present to lay the proper foundation that switches the burden. With this, no longer will a lender or servicer be uncertain if enough testimony has been elicited to have that burden shifted. In explaining their holding, the high court takes note of the inherent reliability that exists in banking records and confirms that to satisfy Fla. Stat. §90.803(6), all that is required is what is plainly written within the statute, and that no more is necessary that that. Jackson v. Household Fin. Corp. III, Fla. L. Weekly S205, 2020 WL 3580036 (Fla. July 2, 2020). "[W]e reject the notion that the witness must also detail the basis for his or her familiarity with the relevant business practices of the company or give additional details about those practices as part of the initial FLORIDA SUPREME COURT ADDRESSES ADMISSIBILITY OF BUSINESS RECORDS The case could have a significant impact on different aspects of contested foreclosure actions including testimony and evidentiary rulings at trial. Quick Take By: Matthew Ciccio

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