v. Citizens Nat'l Bank of Leesburg, 433 So. 2d 32 (Fla. 5th DCA (1983)
(affidavit filed by liquidator of FDIC in case involving note obtained from FDIC's predecessor in interestwas legally insufficient where affiant's allegations as to the history of the loan transactionand the relevant business records could not have been made on the basis of personal knowledge); 49 Fla. Jur 2d, Summary Judgment § 39 (2006).
In this instant case Lori Siler claims under Paragraph One (1) she is” personally familiar with the loan which Plaintiff is entitled to enforce pursuant to the Purchase andAssumption agreement facilitated by the FDIC”. However she fails to offer any evidencein support of her statement
, fails to attach a certified copy of such alleged Agreement
,or any other document referring to the purported Agreement. Therefore, her affidavit fallsunder the hearsay rule (Fla.Statute 90.801) and is inadmissible as evidence. When adocument supplies the bases for an affiant’s personal knowledge, the affiant must attachthe document to the affidavit. See:
Zoda v. Hedden, 596 So. 2d 1225 (Fla. 2
reversed an entry of summary judgment where the only recordevidence was an affidavit, relying on records which were neither attached nor authenticated. Likewise, in
CSX Transp.,Inc. v Pasco County, 660 So. 2d 757 (Fla.2
(court reversed summary judgment where witness based statement on reports,failed to attach reports to affidavit.)
Under paragraph 3, Lori Siler claims she has “personal knowledge of the books andrecords of the Plaintiff” but latter admits that information and entries are made by
(other than her) with knowledge of the information being recorded. She doesnot state what her job is and clearly admits that she relies upon someone else’s personalknowledge for her claims. Therefore,
her affidavit lacks the “personal knowledge”required, regardless of its assertion to the contrary.
Under paragraph 4, she makes the following statement “The allegations of the Complaintfiled in this action are true and correct. “ The Lori Siler Affidavit contains no more thanconclusions of law, inadmissible statements of ultimate fact, hearsay from inadmissible