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JOHNSON v. JOHNSON CHRYSLER/PLYMOUTH

No. 79-938.

389 So.2d 690 (1980)

Mary Ellen JOHNSON, Appellant, v. JOHNSON CHRYSLER/PLYMOUTH, INC., F/K/a al Johnson Motors, Inc. and al Johnson, Appellees.

District Court of Appeal of Florida, Fourth District.

October 29, 1980.

Attorney(s) appearing for the Case

Marjorie D. Gadarian of Jones, Paine & Foster, P.A., West Palm Beach, for appellant.

Vincent A. Lloyd of Lloyd & Brown, Fort Pierce, for appellee Al Johnson.

PER CURIAM.

The trial court dismissed appellant's claim on a promissory note with prejudice on the grounds that the claim was barred by the statute of limitations. Ordinarily, the statute of limitations should be set out as an affirmative defense, although the defense may be asserted in a motion to dismiss if the facts constituting the defense appear on the face of the complaint. Roehner v. Atlantic Coast Development Corporation, 353 So.2d...

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