Potetti ex rel. Potetti v. Ben Lil, Inc.

Plaintiffs appeal from a final judgment, after a jury verdict, for the defendants in a negligence case.

Appellants argue, in their brief, eight separate points for reversal on this appeal.

In point one plaintiffs seek reversal because the trial court struck their “motion for judgment notwithstanding the verdict or in the alternative, motion for new trial.” This motion was served on the defendants thirteen days after the verdict was rendered.

R.C.P. 1.530(b), 31 F.S.A., provides:

“Time for Motion. A motion for a new trial or for rehearing shall be served not later than ten days after the rendition…