Challenger Investment Group, LC v. Jones, et. al., 34 Fla. L. Wkly. D1990 (Fla. 3d DCA Sept. 30 2009)
Even after judgment
has been satisfied a Defendant can move to set aside the satisfaction and
judgment using Fla. R. Civ. Pro. 1.540(b) to recapture a purported overpayment to the
Plaintiff based on alleged fraud by the Defendant. The decision distinguishes between motions
to set aside satisfaction brought by the Plaintiff versus the Defendant.
This case involved a
loan to a nightclub which was secured by a second mortgage on the owner’s
residence and a security interest in the club's liquor license. The
nightclub closed leading to this lawsuit and another case in which the club
owner was never served. After having judgment entered in this case and
satisfying that judgment, the club owner learned of the second case, through
which his investor had already taken ownership of the liquor license.
By taking the liquor
license in a separate action, the club owner argued that the investor was
overpaid for his debts. And, as the investor had not notified the Court
of the second action, the club owner argued that the investor had committed fraud
on the Court.
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Brian and Jason provide legal services to local, national and international clients with business and real estate related legal issues in the Tampa Bay area and across Florida. We always appreciate case referrals from our local and out of state readers. Please contact us at the links above.
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