Since there is lots of desperation and fake news out there regarding this lawsuit I am posting the official decision in its entirety. Judge Lee's ruling was a huge victory for me, despite anyone claiming just the opposite. From the outside looking in this could be viewed as a "split decision" in terms of denying them a summary judgement, while granting their motion to remove my blog.
However, like most legal matters, the big picture comes down to how much time and money you invest and what outcomes that creates. For me that process has been fun, educational, inexpensive and fruitful. My blog was going to be taken down anyway, so being told to do it now does not hurt me one bit. If not for this frivolous lawsuit being filed, the blog would never have existed in the first place. I would have moved on from the past and forgotten about it long ago. Instead the desire to "teach me a lesson" and use the court system to bullying me has totally backfired. I uncovered the truth about lots of things my adversary wanted to keep hidden and in so doing have an arsenal of evidence I cannot wait to share in court.
Meanwhile the denial of summary judgement means this lawsuit moves forward and will require an actual hearing to sort out. That means even more time and money they must expend to even have a chance at a victory. By the time this matter goes to trial (if it ever does) their legal fees will undoubtedly exceed the amount we are even fighting over. Furthermore, no evidence I owe any money has yet been produced. The exaggerated victory from last year was a hearing I declined to attend. Thus there was no need for them to produce evidence or prove anything to "win". It was a simple default judgement against a non-existent LLC. In simple terms, an LLC and individual are two different entities. To represent an LLC in this matter, by law you must hold a Florida law license. You can imagine the cost for me to hire an out of state lawyer, fly to Florida and attend a hearing. That made no sense given the business never made any money, had no assets and closed a long time ago. So my three choices were A) waste all that time and money to defend a non-existent company from a frivolous claim B) Go to Florida and be told that without a law license I could not even open my mouth C) do nothing (but laugh, and believe me that's exactly what I did). Had they chosen to hold that hearing against the LLC and me personally, I certainly would have been there. As the decision below eloquently shows, their lack of evidence precludes a summary judgement and trying to "roll over" the same decision from an LLC to an individual is not how the law works. I will get my day in court, whether they like it or not! Then I will file my own (much bigger) class action lawsuit right back and the shoe will be on the other foot.