JAMES MONROE BRYANT, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Irving W. Landers et ux. v. Adelle L. Milton, 370 So. 2d 368 (Fla. 1979)
  …iv.P. 1.510. Concomitantly, the party seeking to escape the statute of limitations must bear the burden of proving circumstances that would toll the statute. Armstrong v. Wilcox, 57 Fla. 30, 49 So. 41 (1909); A & G Aircraft Service, Inc. v. Johnson, 192 So. 2d 74 (Fla.4th DCA 1966); accord, Prather v. Neva Paperbacks, Inc., 446 F. 2d 338 (5th Cir. 1971). In this case petitioners, as movants for summary judgment, sustained their initial burden by demonstrating on the face of the pleadings that the cause of a…
• Olivene G. Glass v. Camara, 369 So. 2d 625 (Fla. 1st DCA 1979)
  …dance which plaintiff must plead by reply to the affirmative 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 §§ 37…
• Piper Aircraft Corp. v. Prescott, 445 So. 2d 591 (Fla. 1st DCA 1984)
  …g plaintiff from raising such “artifice or misrepresentations” in a subsequently filed action (such as the Indian River County case) as an estoppel to Piper’s raising a statute of limitations defense. Compare A & G Aircraft Service, Inc. v. Johnson, 192 So. 2d 74 (Fla. 4th DCA 1966). Moreover, our disposition of the issues before us is in no way affected by plaintiff’s success or failure in asserting such estoppel argument in the Indian River County case. The order appealed is REVERSED and the cause is REMA…

Authorities Cited

• Williams v. State, 101 So. 2d 877 (Fla. 1st DCA 1958)