In a recent 4th District Court of Appeals case, the Court held that the banks effort to prove damages through unsubstantiated testimony, which was derived from a proposed final judgement that was not admitted into evidence as not conclusive enough to establish damages. This is a big win against plaintiffs in credit card cases, as well as, foreclosure cases. See Ian and Natasha McMillan v. The Bank of New York Mellon f/k/a The Bank of New York, No. 4D14-514 (4th DCA December 2, 2015)
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