Commercial Law Appeals, Florida Family Law, Easley Apellate Practice PLLC

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Appeals FAQ. The Q & A

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12. Can I appeal a judgment where evidence outside the contract or promissory note was allowed?

If the judgment is deemed final for appeal purposes, then the general answer is yes, the final judgment can be appealed and the appeal may have meritorious issues. Evidence produced outside the four corners of a contract or promissory note is normally not considered. But, evidence outside the contract or Note may sometimes be considered where it is being presented to support defenses such as lack of consideration, a release from the contract or Note, or estoppel. If a defendant raises these defenses, the plaintiff generally must present counter evidence to rebut the evidence supporting the defendant.