Published: Aug 30, 2010 11:27 PM EDT
Updated: Aug 30, 2010 7:59 PM EDT

COLLIER COUNTY, Fla. - The Charlie Crist for U.S. Senate campaign can keep spending $10 million he received while running as a Republican.

Republican donors, including a Naples woman, are forming a class-action lawsuit on behalf of the thousands who say they should get their money back because Governor Crist is now an Independent.

"It's okay, you can change your mind and run as anything you want, but not with my client's money," said Plaintiff's attorney, Tom Grady.

On Monday, they asked the court to put a hold on the money, but a judge ruled against them. He says they need to certify the class-action suit before ruling on an injunction.

"It would create havoc if everyone could start demanding money back from any political party," said Scott Weinstein, attorney for the campaign. "I thought the money should stay in the campaign."

The judge has not set a date for the next court hearing.