Florida Coast Bank of Pompano Beach v. Kimmitt

There is a procedural aspect to this case which, I think, merits further discussion. It involves the legal effect of a “premature” motion for new trial or rehearing. (By “premature” I mean a motion for new trial or rehearing which is filed before the rendition of a verdict in a jury action or the entry of judgment in a non-jury action. See Rule 1.530(b), Fla.R.Civ.P.) Two of our decisions: Karl A. Kandell Associates *136v. Urbanek, 391 So.2d 782 (Fla. 4th DCA 1980), and Tri-State Systems, Inc. v. Seminole County, 302 So.2d 168 (Fla. 4th DCA 1974), suggest that such a premature motion is a nullity…