CHALLENGER INV. GROUP, LC v. JONES

No. 3D08-1566.

20 So.3d 941 (2009)

CHALLENGER INVESTMENT GROUP, LC, Appellant, v. Renell D. JONES, et al., Appellees.

District Court of Appeal of Florida, Third District.

September 30, 2009.


Attorney(s) appearing for the Case

John L. Penson, Bay Harbor Islands, and Scott Alan Orth, Miami Shores, for appellant.

Genovese Joblove & Battista and Richard Sarafan, Miami, and Martin J. Keane, Cleveland and Robert Elgidaly, for appellees.

Before COPE and LAGOA, JJ., and SCHWARTZ, Senior Judge.


COPE, J.

This is an appeal of an order denying a motion for relief from judgment under Florida Rule of Civil Procedure 1.540(b). The trial court concluded it was without jurisdiction to consider the motion. We respectfully disagree and remand for further proceedings.

In the underlying commercial transaction, Renell and Sherry Jones and R & S Management Group, Inc. purchased a nightclub in Miami. As part of the transaction, the Joneses executed a promissory...

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