Florida Coast Bank of Pompano Beach v. Kimmitt

This appeal relates to a controversy in which a bank unsuccessfully sought to recover an overdraft against a depositor. The same recovery was also sought against another defendant who was not a customer of the bank. The appeal was initially considered on a motion to dismiss filed in this court. We initially granted that motion but later reversed our ruling by order of March 10, 1983. We conclude that this court has jurisdiction to entertain the appeal, and that the appellant’s motion for new trial served within three days of the court’s orally directing a verdict in the jury trial below was…