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Home > Veranda Partners v. Giles (Lawsuit)

Veranda Partners v. Giles (Lawsuit) [1]

Submitted by DMLP Staff on Mon, 09/10/2007 - 15:58

Summary

Threat Type: 

Lawsuit

Date: 

03/09/2007

Status: 

Concluded

Disposition: 

Dismissed (total)

Location: 

Florida

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
Larry Giles set up a website called "The Veranda Park News," which covered events in his residential community, aesthetic issues in the neighborhood, and commentary. Allegedly, his site included statements to the effect that the housing developer of his community, Veranda Partners,... read full description
Parties

Party Issuing Legal Threat: 

Veranda Partners, LLC

Party Receiving Legal Threat: 

Larry Giles

Type of Party: 

Organization

Type of Party: 

Individual

Location of Party: 

  • Florida

Location of Party: 

  • Florida

Legal Counsel: 

John Bolanovich - Bogin, Munn & Munns (withdrawn); Akerman Senterfitt (withdrawn)

Legal Counsel: 

Marc Randazza, Derek Brett - Weston, Garrou, Walters & Mooney
Description

Larry Giles set up a website called "The Veranda Park News," which covered events in his residential community, aesthetic issues in the neighborhood, and commentary. Allegedly, his site included statements to the effect that the housing developer of his community, Veranda Partners, misspent homeowners' dues, changed landscaping to unfairly enrich itself, and partnered with the City of Orlando in order to gain an unlawful business advantage.

Veranda Partners sent Giles a cease-and-desist letter [2], demanding that he take down the site. Giles apparently complied with this demand, but Veranda Partners sued him anyway, claiming that the statements on his site were defamatory. Giles's Answer raised numerous defenses, including that his statements were substantially true, his statements were covered by the fair comment privilege, and Veranda Partners' lawsuit was a SLAPP [3].  Giles also filed a counterclaim for violation of Florida's anti-SLAPP statute (Fla. Stat. § 720.304 (4) [4] [5]) and abuse of process.

Updates:

4/5/2007 - Giles filed a motion for abatement of the action.

4/23/2007 - Veranda Partners filed a motion to dismiss Giles's counterclaims, and Giles filed a motion to disqualify Veranda Partners' attorneys.

4/25/2007 - Giles filed a motion for a protective order relating to discovery matters.

5/15/2007 - The court denied Giles's motion to disqualify Veranda Partners' attorneys.

5/16/2007 - Giles filed a motion for sanctions.

8/21/2007 - Giles filed a motion for summary judgment.

4/18/2008 - Giles filed answer to the Amended Complaint.

5/27/2008 - Court granted Giles's motion to file an amended counterclaim .

6/16/2008 -  Verdanda Partners missed the deadline for filing an answer to the amended counterclaim.

8/15/2008 - Giles filed his second renewed motion for judgment on the pleadings and for summary judgment.

9/5/2008 -  Veranda Partners filed a motion for final default judgment.

9/11/2008 - Court granted Giles's renewed motion for summary judgment and entered a final default judgment against Veranda Partners on Giles's amended counterclaim.  The court awarded Giles $180,407,69 in treble damages under Florida's anti-SLAPP law, Fla. Stat. § 720.304 (4) [4]. 

Related Links: 

  • Veranda Park/Metro West News Post on the Lawsuit [6]
  • Resident: Suit Filed to Silence Criticism [7]
  • MLRC's Legal Actions and Developments Involving Blogs [8]
  • Orlando Weekly: SLAPP Happy [9]
  • CMLP's Database Entry on Veranda Partners' Letter to Giles [2]
Details

Web Site(s) Involved: 

Veranda Park News [10]

Content Type: 

  • Text

Publication Medium: 

Website

Subject Area: 

  • Citizen Journalism
  • Defamation
  • SLAPP
  • Real Estate
Court Information & Documents

Jurisdiction: 

  • Florida

Source of Law: 

  • Florida

Court Name: 

The Circuit Court of the Ninth Judicial Circuit, in and for Orange County, Florida

Court Type: 

State

Case Number: 

48-2007-CA-002622-O

Relevant Documents: 

PDF icon 2007-03-09-Complaint.pdf [11]
PDF icon 2007-04-02-Answer.pdf [12]
PDF icon 2007-04-02-Counterclaim.pdf [13]
PDF icon 2007-04-05-Motion for Abatement.pdf [14]
PDF icon 2007-04-23-Motion to Disqualify Plaintiff's Attorneys.pdf [15]
PDF icon 2007-04-23-Veranda Partners' Reply in Avoidance of Counterclaims.pdf [16]
PDF icon 2007-04-23-Veranda Partners' Motion to Dismiss Defendant's Counterclaims.pdf [17]
PDF icon 2007-04-25-Giles's Motion for Protective Order.pdf [18]
PDF icon 2007-05-15-Order Denying Motion to Disqualify.pdf [19]
PDF icon 2007-05-16-Giles's Motion for Sanctions.pdf [20]
PDF icon 2007-02-23 Letter.pdf [21]
PDF icon 2007-8-21-Gile's Motion for Summary Judgment.pdf [22]
PDF icon 2008-07-14-Order Granting Giles's Motion for Default.pdf [23]
PDF icon 2008-04-18-Giles's Answer to Amended Complaint.pdf [24]
PDF icon 2008-02-14-Giles's Renewed Motion for Summary Judgment plus Exhibits.pdf [25]
PDF icon 2008-08-15-Giles Second Renewed Motion for Summary Judgment.pdf [26]
PDF icon 2008-09-05-Giles Motion for Final Default Judgment.pdf [27]
PDF icon 2008-09-11-Order Granting Giles' Second Renewed Motion for Summary Judgment.pdf [28]
PDF icon 2008-09-11-Final Default Judgment Against Veranda Partners.pdf [29]
PDF icon 2009-02-24-Bogin, Munns & Munns' Opposition to Giles' Motion for Sanctions.pdf [30]
CMLP Information (Private)

CMLP Notes: 

TO-DO: court documents (especially court opinions on motions); get pleadings from Marc Randazza; check status

UPDATE: Marc Randazza's blog, The Legal Satyricon, has a bunch of documents for the case (and some updates) here: http://randazza.wordpress.com/2007/04/13/an-ongoing-defamation-suit/ [31] {MCS}

Updated 6/6/2008 with Motion for Summary Judgment update in description and as a document (JMC).  

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Source URL (modified on 08/20/2014 - 11:02pm): https://www.dmlp.org/threats/veranda-partners-v-giles-lawsuit

Links
[1] https://www.dmlp.org/threats/veranda-partners-v-giles-lawsuit
[2] https://www.dmlp.org/veranda-partners-v-giles-letter
[3] https://www.dmlp.org/legal-guide/responding-strategic-lawsuits-against-public-participation-slapps
[4] http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0720/SEC304.HTM&Title=-%3E2007-%3ECh0720-%3ESection%20304#0720.304
[5] http://casp.net/flstat.html
[6] http://mworlando.wordpress.com/the/
[7] http://www.orlandosentinel.com/news/local/orange/orl-mgiles2807mar28,0,2382483.story?coll=orl-home-headlines
[8] http://www.medialaw.org/bloggerlawsuits
[9] http://www.orlandoweekly.com/features/story.asp?id=11738
[10] http://www.verandaparknews.com
[11] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-03-09-Complaint.pdf
[12] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-02-Answer.pdf
[13] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-02-Counterclaim.pdf
[14] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-05-Motion%20for%20Abatement.pdf
[15] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-23-Motion%20to%20Disqualify%20Plaintiff%27s%20Attorneys.pdf
[16] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-23-Veranda%20Partners%27%20Reply%20in%20Avoidance%20of%20Counterclaims.pdf
[17] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-23-Veranda%20Partners%27%20Motion%20to%20Dismiss%20Defendant%27s%20Counterclaims.pdf
[18] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-04-25-Giles%27s%20Motion%20for%20Protective%20Order.pdf
[19] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-05-15-Order%20Denying%20Motion%20to%20Disqualify.pdf
[20] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-05-16-Giles%27s%20Motion%20for%20Sanctions.pdf
[21] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-02-23%20Letter.pdf
[22] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-8-21-Gile%27s%20Motion%20for%20Summary%20Judgment.pdf
[23] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-07-14-Order%20Granting%20Giles%27s%20Motion%20for%20Default.pdf
[24] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-04-18-Giles%27s%20Answer%20to%20Amended%20Complaint.pdf
[25] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-02-14-Giles%27s%20Renewed%20Motion%20for%20Summary%20Judgment%20plus%20Exhibits.pdf
[26] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-08-15-Giles%20Second%20Renewed%20Motion%20for%20Summary%20Judgment.pdf
[27] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-09-05-Giles%20Motion%20for%20Final%20Default%20Judgment.pdf
[28] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-09-11-Order%20Granting%20Giles%27%20Second%20Renewed%20Motion%20for%20Summary%20Judgment.pdf
[29] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2008-09-11-Final%20Default%20Judgment%20Against%20Veranda%20Partners.pdf
[30] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2009-02-24-Bogin%2C%20Munns%20%26%20Munns%27%20Opposition%20to%20Giles%27%20Motion%20for%20Sanctions.pdf
[31] http://randazza.wordpress.com/2007/04/13/an-ongoing-defamation-suit/