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BICKFORD v. WALL

No. 78-572.

371 So.2d 172 (1979)

Stamatia C. BICKFORD and Roy W. Bickford, Appellants, v. Arlene R. WALL and Clarence Wall, Her Husband, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 11, 1979.

Attorney(s) appearing for the Case

Adams & Ward and Robert E. Schack, Miami, for appellants.

Horton, Perse & Ginsberg and Edward A. Perse, Leo B. West, Miami, for appellees.

Before PEARSON, HENDRY and HUBBART, JJ.

PEARSON, Judge.

Appellants Stamatia C. Bickford and Roy Bickford, defendants in the trial court, received a jury verdict which was set aside by the trial judge who, on his own motion, awarded the plaintiffs a new trial on the grounds that the court had inadvertently failed to charge the jury on Section 627.737(2)(e), Florida Statutes (1977).

On this appeal, it is first urged that the trial court lacked jurisdiction to enter

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