Admissibility Of Extrinsic Evidence

52 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• ACE Elec. Supply Co. v. Terra Nova Elec., Inc.
  288 So. 2d 544· Fla. 1st DCA· 1973-12-18 ·cited 83×
  Ace Electric Supply Company sued Terra Nova Electric and two individual guarantors (McSwain and Gentry) for unpaid goods sold on open account, relying on a personal guaranty. The central dispute was whether the guaranty required purchase orders to be approved by both guarantors o
• United States v. Kinnard
  465 F.2d 566· D.C. Cir.· 1972-06-06 ·cited 70×
  The court held that the trial judge erred in restricting cross-examination regarding an informant's addiction and in denying the defense the opportunity to present evidence of the informant's addiction.
• United States v. Cardenas
  895 F.2d 1338· 11th Cir.· 1990-03-08 ·cited 61×
  The court held that testimony regarding prior drug use and distribution was admissible under Federal Rule of Evidence 404(b) to prove intent and knowledge, and under Federal Rule of Evidence 608(b) to contradict the defendant's material testimony.
• Dimmitt Chevrolet, Inc. v. Se. Fid. Ins. Corp.
  636 So. 2d 700· Fla.· 1993-07-01 ·cited 49×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit Court of Appeals regarding whether a pollution exclusion clause in a comprehensive general liability insurance policy precludes coverage for environmental contamination. The Court held that the phra
• United States v. Lester
  248 F.2d 329· 2d Cir.· 1957-09-30 ·cited 37×
  The court held that the exclusion of evidence regarding price regulations was an abuse of discretion, as it was relevant to showing the witness's motive to falsify testimony. The court also found that the cross-examination of the key witness was unduly restricted.
• United States v. Kerris
  748 F.2d 610· 11th Cir.· 1984-12-12 ·cited 30×
  The court held that the trial court did not err in denying motions to compel disclosure of a confidential informant, admitting evidence of stolen automobiles, denying severance, denying a continuance, or in sentencing.
• United States v. Pasquale Charles Marzano
  537 F.2d 257· 7th Cir.· 1976-05-18 ·cited 30×
  The court held that the FBI's active participation in the search and seizure of evidence by foreign officials violated the defendants' Fourth Amendment rights, requiring suppression of the evidence.
• NCP Lake Power, Inc. v. Fla. Power Corp.
  781 So. 2d 531· Fla. 5th DCA· 2001-04-06 ·cited 28×
  NCP Lake Power appeals a breach of contract judgment, arguing the trial court calculated damages using an incorrect energy rate. The Fifth District reverses, holding that Lake is entitled to the firm energy rate for all hours the avoided pulverized coal unit operates (except main
• Child v. Child
  474 So. 2d 299· Fla. 3d DCA· 1985-07-16 ·cited 26×
  Former spouses disputed enforcement of a property settlement agreement concerning the division of Massachusetts Housing Agency bonds. The appellate court reversed the trial court's finding that $100,000 in bonds were to be divided, holding that extrinsic evidence conclusively est
• United States v. Elliott
  849 F.2d 554· 11th Cir.· 1988-07-14 ·cited 24×
  The court affirmed the conviction, holding that the defendant's arguments regarding speedy trial, governmental misconduct, evidentiary rulings, and procedural issues lacked merit.
• United States v. van Dorn
  925 F.2d 1331· 11th Cir.· 1991-03-11 ·cited 22×
  The court held that the district court did not abuse its discretion in restricting cross-examination of a government witness regarding his prior drug prosecution and alleged threats, nor in admitting testimony about a defendant's affiliation with the Gambino crime family and expe
• Campbell v. Campbell
  489 So. 2d 774· Fla. 3d DCA· 1986-04-29 ·cited 22×
  The court reversed a trial court's order interpreting a will provision regarding partnership interests in a family business, finding that the will language was ambiguous and entitled the appellants to present extrinsic evidence of the testator's intent. The case illustrates when
• United States v. Smith Grading & Paving, Inc.
  760 F.2d 527· 4th Cir.· 1985-04-22 ·cited 22×
  The court held that extrinsic evidence of prior bad acts, offered for a purpose other than proving character and more probative than prejudicial, is admissible under Federal Rule of Evidence 404(b) even if it could also be excluded under Federal Rule of Evidence 608(b).
• Wagner v. Caesar Bonucelli
  239 So. 2d 619· Fla. 4th DCA· 1970-09-30 ·cited 20×
  Wagner (payee) sued Bonucelli (maker) on a demand note more than three years after execution, obtaining summary judgment. The Fourth District Court of Appeal reversed, holding that genuine issues of material fact regarding lack of consideration, release, waiver, and estoppel prec
• Anderson v. United States
  966 F.2d 487· 9th Cir.· 1992-06-05 ·cited 18×
  The court held that extrinsic evidence is admissible to prove timely mailing of a tax return, and the common law mailbox rule presumption of delivery applies and was not rebutted by the IRS.
• Garcia v. AETNA Cas. & Sur. Co.
  657 F.2d 652· 5th Cir.· 1981-08-19 ·cited 18×
• Elmer v. State
  114 So. 3d 198· Fla. 5th DCA· 2012-10-12 ·cited 17×
  Elmer was convicted of three counts of capital sexual battery on a child under twelve. The Florida appellate court reversed, finding the trial court abused its discretion by prohibiting the defendant from using a prior inconsistent statement from a 1995 police report to impeach t
• United States v. York
  888 F.2d 1050· 5th Cir.· 1989-11-09 ·cited 16×
  The court held that a motion for judicial recusal raised for the first time on appeal is generally untimely, and that convictions under 18 U.S.C. §§ 1001 and 1014 for the same act do not violate double jeopardy if Congress intended cumulative punishments.
• United States v. Doyle E. Campbell
  845 F.2d 1374· 6th Cir.· 1988-04-12 ·cited 16×
  The court should have excluded testimony of patients not listed in the indictment as it was improperly admitted under Rule 404(b) to prove character rather than intent for the charged offenses.
• Paragon Grp., Inc. v. Hoeksema
  475 So. 2d 244· Fla. 2d DCA· 1985-06-14 ·cited 16×
  Paragon Group appeals a declaratory judgment regarding zoning designations for a 77-acre parcel in Hillsborough County. The core issue is whether a successor judge who did not hear the evidence could properly enter final judgment, and the appellate court reversed because the orig
• Lucie v. Kleen-Leen, Inc.
  499 F.2d 220· 7th Cir.· 1974-05-29 ·cited 12×
  The court held that the district court erred in granting summary judgment without analyzing extrinsic evidence, as a genuine issue of fact existed regarding contract interpretation.
• Gila Valley IRR. Dist. v. United States
  118 F.2d 507· 9th Cir.· 1941-03-10 ·cited 12×
  The court held that 'stored water' in the decree refers to water actually impounded in the reservoir, not water merely passing through it, even if temporarily detained.
• United States v. Miller
  883 F.2d 1540· 11th Cir.· 1989-09-25 ·cited 10×
  The dissenting judge would hold that the district court did not abuse its discretion in admitting extrinsic evidence of a prior drug sale to show identity, modus operandi, or intent, and alternatively, that any error was harmless.
• Ronal W. Souder v. Johnson
  501 So. 2d 745· Fla. 4th DCA· 1987-02-04 ·cited 10×
  A stepson challenged his inheritance of a villa and its "contents" under his stepfather's will, claiming the term "contents" was ambiguous and should include stock certificates and bank account proceeds found in the home. The Florida appellate court affirmed that "contents" refer
• United States v. Abel
  707 F.2d 1013· 9th Cir.· 1983-05-20 ·cited 10×
  The court held that evidence of a witness's membership in a prison gang, sworn to lie, is admissible to show bias and impeach credibility.
• Alexander v. State
  103 So. 3d 953· Fla. 4th DCA· 2012-12-12 ·cited 9×
  The trial court committed reversible error by excluding testimony that could have impeached the reliability of the victim's identification of the defendant.
• Nat'l CAR Rental Sys., Inc. v. Better Monkey Grip Co. & Wilco Truck Rental, Inc.
  511 F.2d 724· 5th Cir.· 1975-04-21 ·cited 9×
  The court held that the district court erred in granting a judgment notwithstanding the verdict because it failed to apply the correct legal standard and improperly substituted its judgment for the jury's findings.
• Walsh v. Walsh
  262 So. 3d 212· Fla. 5th DCA· 2018-12-14 ·cited 8×
  The term "periodic income" in the marital settlement agreement is ambiguous and susceptible to two reasonable interpretations, requiring extrinsic evidence to determine the parties' intent; the trial court erred in awarding the husband a credit for alimony overpayments without pr
• Maude Lanham v. Whitfield
  805 F.2d 970· 11th Cir.· 1986-12-09 ·cited 8×
  The court held that the trial court did not abuse its discretion in denying motions for a new trial, excluding evidence, limiting cross-examination, directing a verdict, or denying in forma pauperis status.
• Belcher v. Elliott
  312 F.2d 245· 6th Cir.· 1962-12-06 ·cited 8×
  The court held that the phrase "Gas & Oil Rights sold" in the deed, when considered with surrounding circumstances and subsequent conduct, constituted an exception of those rights from the conveyance, and that the defendants were entitled to a lien for improvements made in good f
• City of Clearwater v. Bayesplanade.com, LLC.
  251 So. 3d 249· Fla. 2d DCA· 2018-06-22 ·cited 6×
  The 1934 quitclaim deed from the Clearwater Island Bridge Company to the City of Clearwater unambiguously conveyed all lands, including submerged lands, within the boundaries described in the deed extending eastwardly to the Channel of Clearwater Harbor. The trial court erred in
• Patterson-Ballagh Corp. v. Byron Jackson Co.
  145 F.2d 786· 9th Cir.· 1944-11-21 ·cited 6×
  The court held that the complex series of agreements constituted a single transaction, and the consideration for the entire deal, including the patent license, was sufficient and did not fail, even after one patent was found invalid.
• In re Kesling v. Bank of Am. Nat'l Tr. & Sav. Ass'n
  449 F.2d 770· 9th Cir.· 1971-10-04 ·cited 4×
  The court held that the indebtedness arising under continuing guarantees was secured by the trust deed's dragnet clause, as the language of the instrument was reasonably susceptible to that interpretation and no contrary intent was shown.
• In re Laskin
  316 F.2d 70· 3d Cir.· 1963-04-05 ·cited 4×
  A bankruptcy court is not bound by state law regarding the admissibility of evidence to determine a party's liability on a note; it can apply equitable principles to ascertain the true intent of the parties.
• Clark v. Tibbetts
  167 F.2d 397· 2d Cir.· 1948-04-07 ·cited 4×
  The court held that the district court had jurisdiction to declare the Alien Property Custodian's rights and that the property was impressed with a constructive trust in favor of the Custodian.
• Preferred Acc. Ins. Co. v. Rhodenbaugh
  160 F.2d 832· 6th Cir.· 1947-04-04 ·cited 4×
  The court held that the insurance policy covered the deceased employee because his death occurred during flight testing operations, including ground crew activities preparatory to flight, as intended by the parties.
• United States v. Brumel-Alvarez
  991 F.2d 1452· 9th Cir.· 1992-09-29 ·cited 2×
  The dissenting judge would not find reversible error in withholding portions of the Levine Memorandum, concluding the information was not sufficiently material or prejudicial.
• Barton v. Commissioner OF Internal Revenue
  893 F.2d 306· 11th Cir.· 1990-01-29 ·cited 2×
  The Tax Court erred in refusing to consider relevant evidence and basing its ruling on a misunderstanding of the facts, necessitating a remand for further proceedings.
• The State of Fla. on the Relation of Mary Cordrey v. Holter
  283 So. 2d 139· Fla. 2d DCA· 1973-09-28 ·cited 2×
  When town council minutes are silent as to whether a deletion from an ordinance occurred before final enactment, extrinsic testimony from a councilman present at the time is admissible to establish the fact of such deletion, and the trial judge's determination based on credible t
• N. Propane GAS Co. v. Cole
  395 F.2d 1· 5th Cir.· 1968-05-06 ·cited 2×
  The court held that the contract unambiguously identified the corporate entity as the seller, and therefore, the president was not personally bound by the covenant not to compete.
• Lichter v. Westinghouse Elec. MFG. Co.
  140 F.2d 597· 6th Cir.· 1944-02-08 ·cited 2×
  The court held that where a written contract is incomplete and refers to extrinsic matters, parol evidence is admissible to prove the unexpressed parts of the agreement.
• Rena Myers v. Francis
  548 So. 2d 833· Fla. 3d DCA· 1989-09-12 ·cited 1×
  In a probate proceeding, the court reversed the circuit court's validation of a warranty deed purporting to convey the decedent's residence. The deed was fatally defective because it named the wrong grantor, contained a blank space for the grantee's name, and included an unintell
• Budget Inns of Pensacola Inc v. Republic Servs. Inc
  N.D. Fla.· 2024-10-28
  The court held that plaintiffs failed to demonstrate predominance and superiority for a multi-state class action due to variations in state law, thus denying class certification.
• Carnright v. State
  Fla. 3d DCA· 2024-01-31
  The trial court's exclusion of certain cell phone records and internet search history was either appropriate or harmless error, and the conviction is affirmed. While statements in which the victim admitted to using cocaine with the defendant should have been admitted as extrinsic
• Locascio v. State
  34 So. 3d 70· Fla. 3d DCA· 2010-03-24
• Gallo v. Brady
  925 So. 2d 363· Fla. 4th DCA· 2006-03-01
  In this legal malpractice action, the Fourth District Court of Appeal reversed a summary judgment granted to attorneys Brady & Brady in favor of the estate's personal representative. The court held that a jury could infer the decedent's intent to obtain federal tax savings from t
• L.R. Bretz v. Portland Gen. Elec. Co.
  882 F.2d 411· 9th Cir.· 1989-08-14
  The court should have considered extrinsic evidence regarding the validity of the contract and the estoppel claim, as genuine issues of fact exist.
• Jack Rowe Assoc., Inc. v. Fisher Corp.
  833 F.2d 177· 9th Cir.· 1987-11-27
  The court held that the trial court erred in applying the parol evidence rule too strictly, as the language of the termination clauses was reasonably susceptible to an interpretation requiring good cause, given the surrounding circumstances and oral assurances.
• Nettie Gelfand and Philip Gelfand v. Tanner Motor Tours
  450 F.2d 786· 2d Cir.· 1971-10-29
  A general release, unambiguous on its face and not induced by fraud or misconduct, bars claims for indemnity, even if consideration is inadequate.
• Newcomb v. Commonwealth Life Ins. Co.
  289 F.2d 740· 7th Cir.· 1961-04-28
  The court held that the memorandum amending the contract retroactively applied to the entire Section V, entitling the plaintiff to renewal commissions.