Third District Court of Appeal
State of Florida
Opinion filed November 05, 2014.
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No. 3D13-2093
Lower Tribunal No. 12-2047
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Detelina Y.A. Miteva,
Appellant,
vs.
American Express Bank, FSB,
Appellee.
An Appeal from the Circuit Court for Miami-Dade County, David C. Miller,
Judge.
Detelina Y.A. Miteva, in proper person.
Zwicker & Associates, P.C., and Zoran D. Jovanovich (Jacksonville), for
appellee.
Before SUAREZ, ROTHENBERG, and LAGOA, JJ.
CONFESSION OF ERROR
PER CURIAM.
The defendant, Detelina Y.A. Miteva, appeals the trial court’s order entering
summary final judgment in favor of the plaintiff, American Express Bank, FSB
(“American Express”). As American Express properly concedes, the order
granting summary final judgment in its favor must be reversed because (1) there is
a lack of record evidence to establish that American Express had standing at the
time it filed its breach of contract action against Miteva, see Gonzalez v. Deutsche
Bank Nat’l Trust Co.,
95 So. 3d 251, 253-54 (Fla. 2d DCA 2012); Venture
Holdings & Acquisitions Grp., LLC v. A.I.M. Funding Grp., LLC,
75 So. 3d 773,
776 (Fla. 4th DCA 2011), and (2) the incorrect cardmember agreement was
attached to American Express’s complaint. Accordingly, we reverse the order
under review and remand for further proceedings. On remand, American Express
is permitted to (1) establish by record evidence that it had standing at the time it
filed its breach of contract action against Miteva and (2) file an amended complaint
referencing and attaching the correct cardholder agreement.
Based on American Express’s proper confession of error, we need not
address the remaining issues raised by Miteva.
Reversed and remanded.
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