SANTANA v. DEUTSCHE BANK TRUST COMPANY AMERICAS (2021)

District Court of Appeal of Florida, Third District.

Reynaldo P. SANTANA, Appellant, v. DEUTSCHE BANK TRUST COMPANY AMERICAS, etc., Appellee.

No. 3D19-2418

Decided: January 13, 2021

Before EMAS, C.J., and FERNANDEZ, and MILLER, JJ.

Pomeranz & Associates, P.A., and Mark L. Pomeranz (Hallandale), for appellant. McGlinchey Stafford and William L. Grimsley (Jacksonville), and Peter J. Maskow (Fort Lauderdale), for appellee.

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[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).

PER CURIAM.

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