District Court of Appeal of Florida February 4, 2004, No. 4D03-4762 (Wally v. National City Mortgage Co.)

KLEIN, J.

Petitioner’s mortgage is in foreclosure. The bank records custodian and vice-president filed an affidavit reflecting that the mortgage was in default and the amount owed. Petitioner noticed the deposition of this witness in Florida, but the witness responded with a motion for protective order stating that she resides in Ohio and is employed by the lender in Ohio.