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Ciras LLC v. Hydrajet Tech. LLC

The business records exception applied to the routine bank records transferred to one bank and integrated into its own business records as part of its acquisition of another bank.

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This appeal challenges the trial court’s exclusion of business records at a bench trial. Because the trial court abused its discretion in excluding the evidence, we reverse and remand for reconsideration in light of the admissible evidence.

Ciras, LLC filed suit for breach of a promissory note and corresponding personal guaranties against Hydrajet Technology, LLC, Mark Alexander, Abdel Shehadeh and Nabil Mansour. Ciras moved for summary judgment, alleging that the note in the principal amount of $750,000 and the personal guaranties had originally been executed in favor of Wachovia Bank, that Hydrajet defaulted on the note, that Wachovia assigned all of its rights and interests in the loan to Ciras, that after the assignment Hydrajet made four payments to Ciras, and that Hydrajet and the guarantors then failed to make any further payments to satisfy the debt. The trial court granted summary judgment to Ciras as to the liability of all defendants. Thereafter, a non-jury trial was held solely on the issue of damages.

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