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Filing # 194247988 E-Filed 03/18/2024 02:52:17 PM
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
RJMG FUND, LLC,
Plaintiffs,
CASE NO.: 2023-CA-012489
vs. DIVISION: R
MARLENE J. HARGROVE, et al.,
Defendants.
_________________________________/
MOTION TO VACATE FINAL JUDGMENT, RETURN ORIGINAL NOTE,
DISMISS ACTION, AND DISCHARGE LIS PENDENS
COMES NOW, PLAINTIFF, RJMG FUND, LLC, by and through undersigned counsel,
and pursuant to Fla. R. Civ. P. 1.540(b) and moves this Court for an entry of an order
vacating the Final Judgment of Foreclosure entered in this action, directing the Clerk of Court to
return the Original Note filed in this case, discharging the Lis Pendens, and dismissing the
action, and in support thereof state as follows:
1. The underlying Complaint was filed on or about May 12, 2023.
2. At the time of the filing of this action, the Plaintiff recorded a Lis Pendens against
the following described property:
Lots 5 and 6, Block 8, MADISON PARK, according to plat thereof as recorded in Plat
Book 4, Page 48 of the Public Records of Hillsborough County, Florida.
3. Said Lis Pendens was recorded in the Official Records, Hillsborough County,
Florida, with Instrument Number 2023238692.
4. Plaintiff filed with the court the original Promissory Note on or about September
26, 2022.
5. Final Judgment of foreclosure was entered on or about November 7, 2023, and
recorded in the Official Records, Hillsborough County, Instrument Number 2023512193.
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6. Subsequent to the entry of the Final Judgment of foreclosure, Defendant and
Plaintiff have reached a settlement.
7. Based on the foregoing, Plaintiff seeks the entry of an Order vacating the final
judgment pursuant to Fla. R. Civ. P. 1.540 (b)(5) which provides that the court may relieve a
party from a final judgment if the judgment has been satisfied or if it is no longer equitable that
the judgment should have prospective application.
8. To reflect the parties’ resolution of their dispute, Plaintiff seeks the entry of an
order vacating the Final Judgment, directing the Clerk of Curt to return the original Promissory
Note filed in this case, discharging the Lis Pendens, and, thereafter, dismiss this action without
prejudice.
9. No party will be prejudiced by the relief sought herein.
WHEREFORE, Plaintiff, RJMG Fund, LLC, respectfully requests that this Court enter
an order vacating the Final Judgment, directing the Clerk of Curt to return the original
Promissory Note filed in this case, discharging the Lis Pendens, and, thereafter, dismiss this
action without prejudice, and grant such other relief that the Court deems just and appropriate
under the circumstances.
IVANOV & WOLF, PLLC
Attorney for Plaintiff, RJMG Fund, LLC
3310 W. Cypress Street, Suite 206
Tampa FL 33607
Telephone: 813-870-6396
Ivan@IWFirm.com
By: /s/ Ivan D. Ivanov, Esq.
Florida Bar Number 39023
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3/18/2024 2:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing document has been mailed to Defendant,
Marlene J. Hargrove, at 1111 E. Renfro St., Plant City, FL 33563 on March 18, 2024.
IVANOV & WOLF, PLLC
Attorney for Plaintiff, RJMG Fund, LLC
3310 W. Cypress Street, Suite 206
Tampa FL 33607
Telephone: 813-870-6396
Ivan@IWFirm.com
By: /s/ Ivan D. Ivanov, Esq.
Florida Bar Number 39023
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3/18/2024 2:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3
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Filing # 194247988 E-Filed 03/18/2024 02:52:17 PM IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA RJMG FUND, LLC, Plaintiffs, CASE NO.: 2023-CA-012489 vs. DIVISION: R MARLENE J. HARGROVE, et al., Defendants. _________________________________/ MOTION TO VACATE FINAL JUDGMENT, RETURN ORIGINAL NOTE, DISMISS ACTION, AND DISCHARGE LIS PENDENS COMES NOW, PLAINTIFF, RJMG FUND, LLC, by and through undersigned counsel, and pursuant to Fla. R. Civ. P. 1.540(b) and moves this Court for an entry of an order vacating the Final Judgment of Foreclosure entered in this action, directing the Clerk of Court to return the Original Note filed in this case, discharging the Lis Pendens, and dismissing the action, and in support thereof state as follows: 1. The underlying Complaint was filed on or about May 12, 2023. 2. At the time of the filing of this action, the Plaintiff recorded a Lis Pendens against the following described property: Lots 5 and 6, Block 8, MADISON PARK, according to plat thereof as recorded in Plat Book 4, Page 48 of the Public Records of Hillsborough County, Florida. 3. Said Lis Pendens was recorded in the Official Records, Hillsborough County, Florida, with Instrument Number 2023238692. 4. Plaintiff filed with the court the original Promissory Note on or about September 26, 2022. 5. Final Judgment of foreclosure was entered on or about November 7, 2023, and recorded in the Official Records, Hillsborough County, Instrument Number 2023512193. 1 3/18/2024 2:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 1 6. Subsequent to the entry of the Final Judgment of foreclosure, Defendant and Plaintiff have reached a settlement. 7. Based on the foregoing, Plaintiff seeks the entry of an Order vacating the final judgment pursuant to Fla. R. Civ. P. 1.540 (b)(5) which provides that the court may relieve a party from a final judgment if the judgment has been satisfied or if it is no longer equitable that the judgment should have prospective application. 8. To reflect the parties’ resolution of their dispute, Plaintiff seeks the entry of an order vacating the Final Judgment, directing the Clerk of Curt to return the original Promissory Note filed in this case, discharging the Lis Pendens, and, thereafter, dismiss this action without prejudice. 9. No party will be prejudiced by the relief sought herein. WHEREFORE, Plaintiff, RJMG Fund, LLC, respectfully requests that this Court enter an order vacating the Final Judgment, directing the Clerk of Curt to return the original Promissory Note filed in this case, discharging the Lis Pendens, and, thereafter, dismiss this action without prejudice, and grant such other relief that the Court deems just and appropriate under the circumstances. IVANOV & WOLF, PLLC Attorney for Plaintiff, RJMG Fund, LLC 3310 W. Cypress Street, Suite 206 Tampa FL 33607 Telephone: 813-870-6396 Ivan@IWFirm.com By: /s/ Ivan D. Ivanov, Esq. Florida Bar Number 39023 2 3/18/2024 2:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 2 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been mailed to Defendant, Marlene J. Hargrove, at 1111 E. Renfro St., Plant City, FL 33563 on March 18, 2024. IVANOV & WOLF, PLLC Attorney for Plaintiff, RJMG Fund, LLC 3310 W. Cypress Street, Suite 206 Tampa FL 33607 Telephone: 813-870-6396 Ivan@IWFirm.com By: /s/ Ivan D. Ivanov, Esq. Florida Bar Number 39023 3 3/18/2024 2:52 PM Electronically Filed: Hillsborough County/13th Judicial Circuit Page 3