Dunn v. Willis

COWART, Judge.

The owner-payee of a negotiable promissory note sued the makers-payors, alleging that the makers-payors had defaulted in *272payment of the note and also alleging that the original note had been lost or destroyed. In addition to other matters of defense, the makers-payors claimed that, procedurally, the plaintiff, as owner-payee of the lost or destroyed note, was required to reestablish the note in a separate action under section 71.011, Florida Statutes, as a condition precedent to action on the note. The owner-payee of the note argued that one direct action could be brought on the…