JABRI, INC. v. U SAVE MOTORS, INC.

No. 3D07-636.

971 So.2d 912 (2007)

JABRI, INC., Appellant, v. U SAVE MOTORS, INC., etc., Appellee.

District Court of Appeal of Florida, Third District.

December 12, 2007.


Attorney(s) appearing for the Case

Roniel Rodriguez IV, Miami, for appellant.

Mark Alan Levine, Miami, for appellee.

Before GERSTEN, C.J., and COPE, and SUAREZ, JJ.


GERSTEN, C.J.

Jabri, Inc. ("Jabri") appeals an order granting U Save Motors, Inc.'s ("U Save") motion for return of funds. Because the trial court lacked jurisdiction to enter the order, we reverse.

Jabri sued U Save to recover on worthless checks and obtained a summary default judgment. To avoid execution on the judgment, U Save paid Jabri $16,266. Subsequently, U Save had the judgment set aside. Soon after the judgment was set aside, Jabri filed a notice...

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