THOMAS H. MYERS AND ELIZABETH G. MYERS, HIS WIFE, APPELLANTS,

v.

DAVID STUART WEEKS, APPELLEE

Citator

Cited By

• Jacobs v. Berrien Becks, Jr., 355 So. 2d 1241 (Fla. 1st DCA 1978)
  …introduction into evidence is sufficient to establish a prima facie case. When it is regularly admitted into evidence no additional evidence of the present existence of the debt is necessary upon the case of the Plaintiff.” In Touchberry v. Nemec, 264 So. 2d 466, 467 (4th DCA 1972), the court stated: “Payment is an affirmative defense, the burden of proof of which rests upon the defendant . . . Appellant, having satisfactorily shown the authenticity of the note and the signature of defendant’s decedent, an…

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• Crum v. United States Fid. & Guar. Co., 468 So. 2d 1004 (Fla. 1st DCA 1985)
  …tation of cancelation or discharge by payment. Accordingly, USF & G has met its initial burden to recover on the note and foreclose the mortgage and the burden of proving the affirmative defense of payment rests upon appellants. Touchberry v. Nemec, 264 So. 2d 466 (Fla. 4th DCA 1972). Appellants attempted to prove their affirmative defense of payment by showing that funds were forwarded from PCH to USF & G to be used only to discharge the promissory note but that such funds were misapplied by USF & G to other…
• Touchberry v. Nemec, 268 So. 2d 906 (Fla. 1972)
  …Certiorari denied. 264 So. 2d 466. ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and BOYD, JJ., concur.…

Authorities Cited

• Nevins Drug Co., Inc. v. Bunch, 63 So. 2d 329 (Fla. 1953)
• Fort Walton Square, Inc. v. Purvis, 177 So. 2d 857 (Fla. 1st DCA 1965)