Original Document Not Moved into Evidence: Palm Beach Lawsuit Dismissal Upheld on Appeal

Everyone who has seen a television show or Hollywood movie about courtroom drama knows that there are rules of evidence.  For Palm Beach estate litigation law firms, Chapter 90 of the Florida Statutes, the Florida Evidence Code, is the guiding light.  You have to do the little things: like move the original document into evidence —not a copy.  If you are involved in a Palm Beach or Ft. Lauderdale estate dispute, you might want to read this short legal opinion issued yesterday from the Palm Beach Appeals Court. 

• There was a trial involving a foreclosure
• The original promissory note was handed to a witness at trial
• The original note was NOT moved into evidence
• Only a copy of the note was moved into evidence
• No record evidence shows that the original note was surrendered to the clerk of the court BEFORE the end of the trial (the final judgment)

Take away:  no original document in evidence: trouble.

Beneficiaries and heirs who are involved in probate litigation should read the Florida Probate Code, the Florida Probate Rules and also the Florida Rules of Civil Procedure.   Each of these are available online, free of charge.  You can also review them at the law library in the West Palm Beach Main Courthouse or the Delray Beach Courthouse.

Here’s a complete copy of the decision of Florida’s 4th District Court of Appeals which hears appeals of Palm Beach and Ft. Lauderdale probate matters and civil lawsuits:

http://4dca.org/opinions/April%202014/04-23-14/4D12-3696.op.pdf