Nolden v. Nolden

HARRIS, Chief Judge.

The dispositive issue in this case is whether Susan Nolden’s debt (evidenced by a promissory note), barred by the statute of limitations, was revived under the provisions of section 95.04, Florida Statutes:

An acknowledgment of or a promise to pay a debt barred by the statute of limitations must be in writing and signed by a person sought to be charged.

In this case, after the debt was barred, Mrs. Nolden filed in a domestic case an affidavit signed by her acknowledging responsibility for the debt and asking the court to allocate the responsibility as between her and her…