When is an Original Document, Not a Copy, Required in a Florida Lawsuit?
Is a duplicate document admissible to the same extent as an original in a Florida lawsuit? What is a negotiable instrument? What should Florida probate lawyers know about promissory note disputes? What happens if an original promissory note is lost? If you are asking these questions, or involved in West Palm Beach litigation involving a promissory note, you may want to read a recent First DCA opinion, MBC Gospel Network, LLC v. Florida’s News Channel,LC.
Here, Florida News Channel did not submit the original note in question, and had failed to allege a lost note claim, or reestablish the lost note. Yet, the trial court entered judgment for Florida’s News Channel. On appeal, the appellate court explains that,” under the Florida Evidence Code, section 90.953, Florida Statutes, a duplicate document is admissible to the same extent as an original, but not if the document is a negotiable instrument…” In this case, the promissory note in question IS a negotiable instrument. To read more about promissory notes, negotiable instruments, and whether or not an original document is required, click here to read
MBC Gospel Network, LLC v. Florida’s News Channel,LC in its entirety.