JAYNE PARSONS, A MINOR, BY HER FATHER AND NEXT FRIEND, WYLY PARSONS, AND WYLY PARSONS, INDIVIDUALLY, APPELLANTS,

v.

DAVID JOE SMITH, A MINOR, BY HIS FATHER AND NATURAL GUARDIAN, LAWRENCE RICHARD SMITH, AND LAWRENCE RICHARD SMITH, INDIVIDUALLY, APPELLEES

Citator

Cited By

• Olivene G. Glass v. Camara, 369 So. 2d 625 (Fla. 1st DCA 1979)
  …tive defense. Tuggle v. Maddox, 60 So. 2d 158 (Fla.1952); Proctor v. Schomberg, 63 So. 2d 68 (Fla.1953); Akin v. City of Miami, 65 So. 2d 54 (Fla.1953); A & G Aircraft Service, Inc. v. Johnson, 192 So. 2d 74 (Fla. 4th DCA 1966); Young v. Williamson, 169 So. 2d 856 (Fla. 2d DCA 1964). See also Trawick op. cit. supra, Sections 11-6 and 11-7; Bullen and Leake, Precedents of Pleadings at 631 et seq. (7th ed. 1915); and 54 C.J.S. Limitations of Actions §§ 375-77. Those authorities yet govern the pleading and proof…
• A & G Aircraft Serv., Inc. v. Johnson, 192 So. 2d 74 (Fla. 4th DCA 1966)
  …motion for summary judgment and we affirm. Plaintiff had the burden of proving facts establishing an estoppel. Boulevard National Bank of Miami v. Gulf American Land Corporation, Fla.App.1965, 179 So. 2d 584. See Young v. Williamson, Fla.App.1964, 169 So. 2d 856. The unsworn allegations of the amended complaint constituted legal conclusions and were not evidence of any fact. Martin v. E. A. McCabe & Company, Fla.App.1959, 113 So. 2d 879. Since plaintiff did not present affidavits in support of the genuinene…
• Richardson v. R.L. Wilson and Lawrence Stoutamire, Jr., 490 So. 2d 1039 (Fla. 1st DCA 1986)
  …s Corp. v. Clark, 248 So. 2d 196 (Fla. 4th DCA 1971); [*1040] Glass v. Camara, 369 So. 2d 625 (Fla. 1st DCA 1979). But, the burden of showing that the statute of limitation comes within a statutory exception is on the plaintiff. Young v. Williamson, 169 So. 2d 856 (Fla. 2d DCA 1964). Thus, the burden of introducing evidence may shift in a particular case. While the defendant may have the initial burden of showing a claim is barred, he need only make a prima facie case to shift the burden to the plaintiff. The…

Authorities Cited

• O'Reilly v. Sattler, 141 Fla. 770 (Fla. 1940)
• McGINLEY v. Chancey (two cases), 70 So. 2d 357 (Fla. 1953)