ANGEL CABOT, APPELLANT,

v.

ROBERT S. SNYDER, DOING BUSINESS AS CLEARWATER CONSTRUCTION COMPANY, NOT INC., APPELLEE

Citator

Cited By

• Jacobs v. Berrien Becks, Jr., 355 So. 2d 1241 (Fla. 1st DCA 1978)
  …at issue. The trial court’s ruling was that the Plaintiff failed to present evidence outside the promissory notes themselves that the debt was unpaid and therefore failed to establish a prima facie case. That decision is contrary to Knauer v. Levy, 115 So. 2d 776, 777 (3d DCA 1959), wherein the court stated: “The sole question to be decided is: In a suit upon a promissory note must the plaintiff prove by evidence dehors the instrument that the debt is due and unpaid in order to establish a prima facie case?…

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• Ernestine Haycook v. Ostman, 397 So. 2d 743 (Fla. 5th DCA 1981)
  …, must be made by way of affirmative defenses as to which the burden of proof is on the defense. See Jacobs v. Becks, 355 So. 2d 1241 (Fla. 1st DCA 1978); Broward Nat. Bank of Ft. Lauderdale v. Bear, 125 So. 2d 760 (Fla.2d DCA 1961); Knauer v. Levy, 115 So. 2d 776, 777 (Fla.3d DCA 1959). No affirmative defense having been established in this case the judgment in favor of the maker’s estate is reversed for entry of a proper judgment in favor of the payee-holder of the note. REVERSED AND REMANDED. ORFINGER a…
• Klein v. Witte, 142 So. 2d 789 (Fla. 2d DCA 1962)
  …the note into evidence and he thereby established a prima facie case and the burden of going forward then shifted to the defendant to show that the debt had been discharged, citing authority to establish this principle, Knauer v. Levy, Fla.App.1959, 115 So. 2d 776. This decision, and the numerous others to the same effect, are all predicated upon the introduction into evidence of a note not torn into four pieces as was the note in this case. Had the note not been so torn, the burden of proving each element es…

Authorities Cited

• Younger v. Giller Contracting Co., Inc., 143 Fla. 335 (Fla. 1940)
• Miami Roofing & Sheet Metal Co. v. Kindt, 48 So. 2d 840 (Fla. 1950)
• Smith v. Poston Equip. Rentals, Inc., 105 So. 2d 578 (Fla. 3d DCA 1958)
• Normandy Beach Club, Inc. v. Milton Props., Inc., 153 Fla. 216 (Fla. 1943)