The trial court was thus entitled to consider the affidavit pursuant to § 90.803(6)(a), Florida Statutes. See Safe-T-Lawn Inc. v. Agricultural Engineering Assoc., 235 So.2d 25 (Fla. 3d DCA 1970). Fiat filed a motion for summary judgment, whereupon appellants presented an affidavit in opposition, stating that although R W's sales agent prepared the initial documents, incorrect finance information necessitated new documents which were prepared with the assistance of Fiat's agent.
The evidence presented in support of this element of damage was merely an estimate rather than the actual cost figure. We reverse on the authority of Safe-T-Lawn, Inc. v. Agricultural Engineering Association, 235 So.2d 25 (Fla. 3d DCA 1970). POINTS II AND III.
In the trial Court and here the State relies upon the discretion reposed in the trial Court as to whether "the sources of information, method and time of preparation were such as to justify its admission", citing as authority cases wherein it has been held that the refusal to admit such comparable evidence "failed to show an abuse" of such discretion. Safe-T-Lawn, Inc. v. Agricultural Engineering Ass'n., Fla.App. 1970, 235 So.2d 25; Brevard County v. Jacks, Fla.App. 1970, 238 So.2d 156; Mastan Co. v. American Custom Homes, Inc., Fla.App. 1968, 214 So.2d 103. But the cases consistently emphasize, in construing the UBREA, F.S. § 92.36, F.S.A., that the conditions set forth in the statute qualifying such business records for admission as evidence are mandatory and must be met, otherwise the records are inadmissible.
We have carefully examined and considered the record, briefs and argument of counsel and have concluded that the trial court's findings and holdings complained of are fully supported in law and fact and that no reversible error has been demonstrated. See Safe-T-Lawn, Inc. v. Agricultural Engineering Association, Fla.App. 1970, 235 So.2d 25, 26-27. We note also that a reviewing court will not upset findings of fact by the trial court sitting as the finder of the facts where such findings are based upon competent substantial evidence.