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FIRST NORTH AMERICAN NAT. BANK v. Hummel
Citations: 825 So. 2d 502; 2002 WL 2030198Docket: 2D01-3796
Court: District Court of Appeal of Florida; September 6, 2002; Florida; State Appellate Court
First North American National Bank (FNANB) sought certiorari review from the District Court of Appeal of Florida after the circuit court reversed a county court judgment that had favored FNANB in a case involving Elizabeth Hummel and LTD Financial Services, L.P. Hummel, who owed FNANB for credit card charges, had filed for Chapter 7 bankruptcy, but FNANB claimed it was unaware of this filing when LTD sent out a collection letter. Hummel filed suit alleging a violation of the Florida Consumer Collection Practices Act, asserting that FNANB attempted to collect the debt while knowing she was in bankruptcy. FNANB moved for summary judgment, supported by an affidavit claiming it had not received notice of Hummel's bankruptcy. Hummel submitted documents including a demand letter from her attorney but did not provide affidavits to counter FNANB’s claims. The county court granted FNANB's motion, affirming that Hummel had not provided competent evidence against FNANB's affidavit. The circuit court, while acknowledging procedural correctness by the county court, reversed the decision, suggesting that Hummel's demand letter supported her claims, without addressing the lack of supporting affidavits. FNANB argued that the circuit court erred by relying on unauthenticated documents. The appellate court's review focused on procedural due process and the application of the correct law regarding summary judgment, noting that the moving party must conclusively show no genuine issue of material fact, after which the opposing party must demonstrate the existence of triable issues. FNANB successfully sought summary judgment by providing a supporting affidavit, meeting the requirements outlined in Florida Rule of Civil Procedure 1.510. Hummel failed to submit any affidavits or admissible evidence to counter FNANB's motion, and the existing pleadings and discovery records did not indicate a genuine issue of material fact. Although Hummel submitted three documents to the county court, these were unauthenticated and lacked supporting affidavits or evidentiary proof, as referenced in precedents Daeda v. Blue Cross. Blue Shield of Fla. Inc. and Harris v. Wilson. Consequently, the county court's decision to grant summary judgment was deemed correct. The circuit court's reliance on Hummel's unauthenticated documents to overturn this decision constituted a misapplication of summary judgment law. The petition for writ of certiorari by FNANB is granted, the circuit court's decision is quashed, and the county court's final judgment is reinstated, with Judges Fulmer and Casanueva concurring.