Harris v. Joplin

Holding

In an appeal from a circuit court’s decision to admit extrinsic evidence to prove the contents of an illegible liability-release contract, a panel of the Court of Appeals misstated the burden of proof, applied an incorrect standard of review, and engaged in its own factfinding and ensuing weighing of the evidence. This appeal was granted to address the admissibility of the unsigned release. For the reasons discussed in this opinion, the judgment of the Court of Appeals — overturning the circuit court’s grant of the appellant’s plea of accord and satisfaction and allowing the suit against the appellant to proceed — is reversed, and final judgment is entered in favor of the appellant.