A recent opinion out of the Florida Fifth District Court of Appeal makes clear that the failure of a lender or its successor in interest to introduce and authenticate original promissory notes at trial may result in the claimant failing to recover judgment for money damages on those notes. However, the Fifth District also made clear that for claims on other types of contracts, including security agreements, copies are sufficient, and the original documents are not required in order to obtain judgment. See Sanger v. Asher, No. 5D22-2104 (Mar. 22, 2024) (not yet final).

The case concerned breach of promissory note and security agreement claims by Asher, the purchaser of a loan, against Sanger, the borrower on the loan. At trial, the parties disputed whether the notes and security agreement were originals or copies, each relying on expert testimony to prove the authenticity of the documents.