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In re Global Energies, LLC

United States Court of Appeals, Eleventh Circuit

August 15, 2014

In re GLOBAL ENERGIES, LLC, Debtor. JOSEPH G. WORTLEY, Interested Party - Appellant,
v.
CHRISPUS VENTURE CAPITAL, LLC, Petitioning Creditor - Appellee

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[Copyrighted Material Omitted]

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Appeal from the United States District Court for the Southern District of Florida. D.C. Docket Nos. 0:12-cv-61483-KMW; 10-28935-BKC-RBR.

For Joseph G. Wortley, Plaintiff - Appellant: Robert J. Hauser, Pankauski Law Firm PLLC, West Palm Beach, FL; Steven Sloane Newburgh, McLaughlin & Stern, LLP, West Palm Beach, FL; Bruce Stephen Rogow, Bruce S. Rogow, PA, Fort Lauderdale, FL.

For Chrispus Venture Capital, Llc, Defendant - Appellee: Chad P. Pugatch, George Leo Zinkler III, Rice Pugatch Robinson & Schiller, PA, Fort Lauderdale, FL.

Before FAY, Circuit Judge, and HODGES[*] and HUCK,[**] District Judges.

OPINION

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PER CURIAM

Joseph G. Wortley appeals the district court's judgment affirming the bankruptcy court's summary denial of his motion for relief from judgment under Rule 60(b) of the Federal Rules of Civil Procedure. Wortley asserts that, under Rule 60(b), new evidence wrongfully withheld by opposing parties, misrepresentations made by opposing parties, or both, entitled him to relief from the bankruptcy court's earlier denial of his motion to dismiss the involuntary bankruptcy petition filed by Chrispus Venture Capital, LLC.

I.

Wortley, James Juranitch, and Richard Tarrant shared ownership in Global Energies, LLC before its bankruptcy. Wortley and Juranitch personally owned their stakes, while Tarrant held his through Chrispus, the appellee, in which he had a 93% ownership interest. The three partners formed Global to market a plasma technology that Juranitch had developed. In mid-2010, business disagreements undermined that partnership and resulted in Tarrant and Juranitch's developing a plan to wrest Wortley's interest in Global from him by having Chrispus file an involuntary bankruptcy petition against Global.[1] That plan was hatched, or at least captured, in emails exchanged between Tarrant, Juranitch, and Chrispus's

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bankruptcy attorney, Chad Pugatch, in June 2010 (the " June 17-19 emails" ). Writing to Tarrant on June 17, two weeks before Chrispus's bankruptcy ...


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