Trials & Litigation
A Florida appeals court docket has tossed a petition for a stalking injunction in opposition to a lawyer who allegedly instructed his opposing counsel he was utilizing drones to look at her throughout a marketing campaign of litigation harassment.
Florida’s Third District Court docket of Attraction mentioned the allegations primarily contain conduct not lined by the stalking legislation, and the problems are greatest addressed by authorized ethics guidelines. The Daily Business Review and WPLG-Local10 have protection.
The Aug. 1 opinion lined “incendiary claims by each side,” based on the Each day Enterprise Overview.
Brandy Raulerson, a Miami affiliate with the Barnard Legislation Workplaces, had claimed her opposing counsel in a number of insurance coverage lawsuits, Jose Font, started harassing her in January 2016 after she rejected “his crude sexual advances,” based on the opinion.
Font, who defends insurance coverage firms, is the managing companion of the Fort Lauderdale agency Font & Nelson. Raulerson represents householders and others with insurance coverage claims.
In keeping with Raulerson, Font requested one other lawyer from Raulerson’s legislation workplace throughout a deposition if he was having a sexual relationship along with her. She overheard the comment. In keeping with Raulerson, Font made the remark due to an “apparent intent” to himself have sexual relations with Raulerson.
Raulerson complained to her legislation agency’s identify companion, who expressed his issues to Font. Font’s alleged response was that the companion ought to “F— off.”
Later, Font allegedly instructed Raulerson he was having her watched by distant drones. However the alleged harassment went additional than that.
Raulerson accused Font of threatening to get her fired and her legislation license revoked, submitting a false affidavit, subpoenaing her to seem at trials even when she was not concerned, and turning into “unhinged” after her agency obtained a judgment of greater than $8,300 in opposition to him for discovery abuses.
The affidavit, signed by a former consumer of the Barnard Legislation Workplaces, alleged the agency staged insurance coverage claims and break up charges with nonlawyers. The legislation agency says the allegations haven’t any foundation in actual fact.
Raulerson says the harassment brought on “excessive psychological anguish” together with hives, vomiting and sleeplessness. Due to the anxiousness, Raulerson says, she obtained a hid weapons allow.
Font’s movement to dismiss the injunction was 422 pages in size, whereas the movement in opposition filed by Raulerson’s legislation agency was 174 pages in size.
The appeals court docket mentioned repeated digital subpoenas, even when frivolous, don’t represent cyberstalking throughout the which means of the stalking statute. A lot of Raulerson’s allegations contain “dilatory practices by a lawyer in litigation,” the court docket mentioned.
“Culling from these allegations the remaining wrongful acts that is perhaps actionable beneath the stalking statutes, we’re left with grossly inappropriate sexual feedback; undated ‘inappropriate strategies reminiscent of “you may name me on my cellphone at evening to debate this case”;’ and an announcement by Mr. Font to Ms. Raulerson that ‘he was having her watched by the use of a distant drones [sic],’ with no info relating to the date or precise remark by any drone.
“Typical hallmarks of stalking and cyberstalking merely are usually not current.”
The court docket agreed with the trial decide, nonetheless, who instructed Raulerson that, if her allegations have been true, “then you definately have been the sufferer of bullying on the very least.”
The Florida Bar instructed the Each day Enterprise Overview that’s has no open investigation of both Raulerson or Font.