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BRUNSCO v. NOONAN

Nos. 83-670, 83-2485.

456 So.2d 547 (1984)

BRUNSCO, a Florida Corporation, and Art Bruns, Appellants, v. Karl NOONAN, D/B/a Karl Noonan Realty, Appellee. Karl NOONAN, D/B/a Karl Noonan Realty, Appellant, v. BRUNSCO, a Florida Corporation, and Art Bruns, Appellees.

District Court of Appeal of Florida, Third District.

September 25, 1984.

Attorney(s) appearing for the Case

Sobel & Sobel and Stuart H. Sobel, Pertnoy & Greenberg, Miami, for Karl Noonan.

Jeanne Heyward, Adams, Hunter, Angones & Adams and Frank Angones, Miami, for Brunsco and Art Bruns.

Before NESBITT, DANIEL S. PEARSON and JORGENSON, JJ.

PER CURIAM.

Noonan, doing business as Karl Noonan Realty, appeals from the trial court's order granting Bruns and Brunsco's motion for relief from judgment on the basis that evidence of Noonan's assignment of his rights to all proceeds received as a result of a successful suit against Bruns and Brunsco constitutes "newly discovered evidence" within the meaning of Florida Rule of Civil Procedure 1.540(b). We reverse. Evidence of Noonan's assignment is not material...

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