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Saturday, August 14, 2010

727 So.2d 302 (1999) Somma v Metra

727 So.2d 302 (1999)

Michael M. SOMMA, Appellant/Cross-Appellee,


METRA ELECTRONICS CORP., etc., Appellee/Cross-Appellant.

No. 98-1774.District Court of Appeal of Florida, Fifth District.

February 12, 1999.Eric W. Ludwig of Eric W. Ludwig, P.A., Altamonte Springs, for Appellant/Cross-Appellee.

Melissa Clark Daley of Melissa Clark Daley, P.A., Tampa, for Appellee/Cross-Appellant.


The dispositive issue raised in this action to enforce a promissory note is whether the trial court was required to dismiss the action once it was established at trial that the plaintiff had failed to pay the taxes due on the note. We conclude that the trial court should have dismissed the action because a promissory note is not enforceable in any Florida court until the requisite tax due on the note is paid. See § 201.08, Fla.Stat. (1997). Accordingly, we reverse the final judgment entered below.
Well, all you Hillsborough Pro Se litigants make sure you bring up the payment of the taxes in your pleadings.
Lit Gant

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