Screen Shot Inadmissible without Knowledge of Creation, Accuracy or Trustworthiness

In Miller v. Bank of America, N.A., 201 So. 3d 1286 (Fla. 5th DCA 2016) (Available Here), a screen shot was excluded under the business records exception, because the proper foundation was not established.  

    In a foreclosure case, the appellee did not rely on the assignment or introduce the assignment into evidence.  Instead, Appellee relied on the testimony of a sole witness to establish standing to foreclose.  The original note had been lost.  The sole witness testified that SunTrust sold the loan to Bank of America.  Her testimony was not based on personal knowledge, but she relied entirely upon a screen shot of a computer-generated document referred to as a Loan Transfer History, which identified that the loan was sold to Bank of America.  The witness did not know who entered the information or if it was computer generated.  

    The Court found that the witnesses affirmative answers to the business record foundation questions did not overcome her demonstrated lack of knowledge about the creation, accuracy, or trustworthiness of the screen shot document.  Therefore, the screen shot was excluded as inadmissible evidence.