Gainus Wright, III & Cyd R. Wright v. JPMorgan Chase Bank, N.A., 169 So. 3d 251 (Fla. 4th DCA 2015). · Go Syfert
Gainus Wright, III & Cyd R. Wright v. JPMorgan Chase Bank, N.A., 169 So. 3d 251 (Fla. 4th DCA 2015). Cases Citing This Book View Copy Cite
“this is not competent evidence, however, because it was never authenticated and admitted into evidence at trial.”
9 citation events (9 in the last 25 years) across 3 distinct courts.
Strongest positive: THIRD FEDERAL SAVINGS AND LOAN ASSOCIAITON OF CLEVELAND v. LEAH G. KOULOUVARIS A/ K/ A LEAH KOULOUVARIS (fladistctapp, 2018-05-18)
Top citers, strongest first. 5 distinct citers.
discussed Cited as authority (verbatim quote) THIRD FEDERAL SAVINGS AND LOAN ASSOCIAITON OF CLEVELAND v. LEAH G. KOULOUVARIS A/ K/ A LEAH KOULOUVARIS
Fla. Dist. Ct. App. · 2018 · quote attribution · 1 verbatim quote · confidence high
this is not competent evidence, however, because it was never authenticated and admitted into evidence at trial.
cited Cited as authority (rule) Sonia J. Sanchez and Hector L. Sanchez v. SunTrust Bank
Fla. Dist. Ct. App. · 2015 · confidence medium
Wright v. JPMorgan Chase Bank, N.A., 169 So.3d 251, 251-52 (Fla. 4th DCA 2015).
discussed Cited "see" ROBERTO VIEIRA and SHAWN D. VIEIRA v. PENNYMAC CORP.
Fla. Dist. Ct. App. · 2018 · signal: see · confidence high
See Wright v. JPMorgan Chase Bank, N.A., 169 So. 3d 251 , 251–52 (Fla. 4th DCA 2015) (noting a parent corporation and its wholly-owned subsidiary are separate and distinct legal entities and a parent corporation cannot exercise the rights of the subsidiary corporation); see also Houk v. PennyMac Corp., 210 So. 3d 726, 734 (Fla. 2d DCA 2017) (noting a conflict of allegations between affidavits and the complaint where the affidavits alleged PennyMac Loan Services, LLC was the servicer and the complaint alleged PennyMac Corp. was the servicer).
cited Cited "see" Ben Melton v. CU Members Mortgage, a Division of Colonial Savings, F.A. And First Western Title Co.
Tex. App. · 2015 · signal: see · confidence high
See Wright v. JPMorgan Chase Bank, N.A., 169 So.3d 251 -252 (Fla. App. [4 th Dist.] July 1, 2015).
discussed Cited "see, e.g." Financial Freedom Acquisition, LLC v. Griffin
Conn. App. Ct. · 2017 · signal: see also · confidence low
Regardless of whose subsidiary the substitute plaintiff became as a result of the merger, it remained "a separate legal entity possessing its own separate assets and liabilities." Capital Parks, Inc. v. Southeastern Advertising & Sales System, Inc. , 30 F.3d 627 , 629 (5th Cir. 1994) ; see also Wright v. JPMorgan Chase Bank, N.A. , 169 So.3d 251 , 252 (Fla. App. 2015) ("[a]s a separate legal entity, a parent corporation ... cannot exercise the rights of its subsidiary" [internal quotation marks omitted] ).
Gainus WRIGHT, III and Cyd R. Wright, Appellants,
v.
JPMORGAN CHASE BANK, N.A., Appellee
4D14-565.
District Court of Appeal of Florida, Fourth District.
Jul 1, 2015.
169 So. 3d 251
Matthew David Bavaro and Laura L. Hoy of Loan Lawyers, LLC, Plantation, for appellants., W. Aaron Daniel and Elliott B. Kula of Kula & Associates, P.A., North Miami, for appellee.
Warner, Levine, Conner.
Cited by 6 opinions  |  Published
PER CURIAM.

We reverse the final judgment of foreclosure in favor of appellee JPMorgan Chase Bank, N.A., because appellee did not prove that it had standing to bring this action.

The original lender under the note and mortgage was Chase Bank, USA, N.A. There was no evidence that the note and mortgage were ever transferred from Chase Bank to JPMorgan Chase. Although there was testimony at trial that[*252] Chase Bank is a wholly owned subsidiary of JPMorgan Chase, “[a] parent corporation and its wholly-owned subsidiary are separate and distinct legal entities.... As a separate legal entity, a parent corporation ... cannot exercise the rights of its subsidiary.” Am. Int’l Group, Inc. v. Cornerstone Bus., Inc., 872 So.2d 333, 336 (Fla. 2d DCA 2004); see also Federated Title Insurers, Inc. v. Ward, 538 So.2d 890, 891 (Fla. 4th DCA 1989). Thus, ownership of the note by subsidiary Chase Bank does not give parent corporation JPMorgan Chase the right to enforce the note, absent evidence that JPMorgan Chase acquired such a right through, for example, a purchase or servicing agreement.

JPMorgan Chase argues that it did acquire servicing rights over the loan prior to the filing of the complaint, relying on a notice of servicing transfer filed in the court file. This document is not competent evidence, however, because it was never authenticated and admitted into evidence at trial. See Wolkoff v. Am. Home Moytg. Serv., Inc., 153 So.3d 280, 281-82 (Fla. 2d DCA 2014) (“A document that was identified but never admitted into evidence as an exhibit is not competent evidence to support a judgment.”); Beaumont v. Bank of New York Mellon, 81 So.3d 553, 555 n. 2 (Fla. 5th DCA 2012) (copy of an assignment of a note in the court file was not competent evidence where it was never authenticated and offered into evidence).

We thus reverse and direct judgment in favor of the appellants, dismissing the foreclosure on the mortgage for failure of the appellee to prove its standing.

WARNER, LEVINE and CONNER, JJ., concur.