Nuttall v. Jesonis
Nuttall v. Jesonis
Opinion of the Court
Ernestine V. Nuttall appeals a judgment in favor of Frances Jesonis on a promissory note. We reverse because Ms. Nuttall is entitled to present parol evidence explaining the capacity in which she signed the note.
On January 1, 1990, Ms. Jesonis loaned $20,000 to Keith Everitt, Inc. Ms. Jesonis explained at trial that she extended this loan in connection with Keith Everitt’s retail jewelry business. Mr. Everitt signed the note as “president,” and indicated that it would be “secured by the assets of Keith Everitt (personally) and the assets of Keith Everitt Incorporated, a Florida Corporation.” The promissory note was otherwise a fill-in-the-blank form. Mr. Everitt did not pay this note when it became due on December 31, 1990. There is evidence that by May 1991, Ms. Nuttall had become the president and resident agent of Keith Everitt, Inc., which had changed its name to Isle O’ Gold Group, Inc.
On January 29,1992, a handwritten addendum was added to the bottom of the promissory note. That addendum states:
1/29/92 Addendum to Existing Note Due 12/31/90.
Extension Due Date on or Before December 31,1992.
Agreed to on Jan. 29,1992, By-»
/s/ Ernestine V. Nuttall
/s/ Frances M. Jesonis
At trial, Ms. Nuttall attempted to introduce evidence that she had negotiated this agreement with Ms. Jesonis and signed the extension as the new president of the corporation, and that no personal liability had been intended. The trial court found that the note was clear and unambiguous, declined to consider the parol evidence, and entered judgment against Ms. Nuttall personally.
Because Ms. Nuttall signed the extension agreement in January 1992, the 1991 statutes apply.
Reversed and remanded for further proceedings consistent with this opinion.
. For promissory notes created after May 11, 1992, section 673.4021, Florida Statutes (1993), controls. See art. Ill, § 9, Fla. Const. We do not intend to suggest that the result would be different under the new statute. See U.C.C. § 3-402 cmt. 2 (1991).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.