Reed v. Lincoln

I would affirm the trial court’s determination that all sums due under the promissory note are barred by the five year statute of limitations. § 95.11(2)(b), Fla. Stat. The facts in this case are not in dispute. The issue is the interpretation of the legally “amateur” promissory note employed by the parties in this case.

The printed form of the note provides (in part): “The maker and endorser of this note further agree to waive demand, notice of non-payment and protest....” The principal sum due is $28,000.00, payable in monthly installments of $304.85, for 223 consecutive months, including…