Parol Evidence Inadmissible to Determine Intent of Unambiguous Agreement

Extrinsic or parol evidence is inadmissible to determine the meaning or intent of an unambiguous agreement. See Restoration 1 CFL v. State Farm Ins. Co., 2016 WL 1600331 (Fla. 5th DCA 2016) (error to allow deposition testimony regarding party’s interpretation of assignment when assignment agreement was unambiguous). “The parol-evidence rule is a substantive rule of law and reduced to its essence, provides that a written document intended by the parties to be the final embodiment of their agreement may not be contradicted, modified or varied by parol evidence.” King v. Bray, 867 So.2d 1224, 1226 (Fla. 5th DCA 2016). While there is...

26 November

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Parol Evidence Rule — A Substantive Rule of Law

Posted by David Adelstein

in Evidence

The parol evidence rule is not an evidentiary rule, but a substantive rule of law. Madsen, Sapp, Mena, Rodriguez & Co., P.A. v. Palm Beach Holdings, Inc., 899 So.2d 435, 436 (Fla. 4th DCA 2005). It is an important substantive rule of law when it comes to cases that involve the rights, liabilities, and remedies of parties pursuant to a written agreement. The parol evidence rule precludes the admissibility of extrinsic “verbal agreements [evidence] between the parties to a written contract which are made before or at the time of execution of the contract.” Pavolini v. Williams, 915 So.2d 251, 254...