DADE NATIONAL BANK OF MIAMI v. KAY

No. 60-472.

131 So.2d 24 (1961)

DADE NATIONAL BANK OF MIAMI, Appellant, v. Sam KAY et al., Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 28, 1961.


Attorney(s) appearing for the Case

Scott, McCarthy, Preston, Steel & Gilleland and Dwight Sullivan, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellant.

Burnett Roth, Miami Beach, Sarino R. Costanzo, Worton, Cline & Manker, Miami, for appellees.


HORTON, Chief Judge.

Appellant bank seeks reversal of an order granting a new trial on the ground of newly discovered evidence.

The bank, as plaintiff, initiated an action in the trial court against appellees Kay, Kligmann and Williams, guarantors on certain loans made to appellee Air International by the bank. One Strauss, also a guarantor, was joined as a defendant in the action but was later dismissed. The trial court directed verdicts against Kligmann...

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