No Stalking Order

The Florida Third District Court of Appeal affirmed the denial of an injunction against stalking sought by an attorney against another attorney

Ms. Raulerson is an associate attorney employed by a law firm (Barnard Law Offices, L.P., “BLO”), which regularly represents insured homeowners and other parties with insurance claims, including bad faith claims. The senior and “name” partner at BLO is Andrew C. Barnard (“Mr. Barnard”). Mr. Barnard was designated as Ms. Raulerson’s attorney for purposes of the stalking case, and he also represents her in this appeal. The petition includes allegations regarding conduct witnessed by Mr. Barnard and statements heard by him, in each case relating to lawsuits and conduct in a courtroom or courthouse.

The respondent, Mr. Font, is identified in the petition as the managing partner of a law fir , “Font & Nelson, LLC,” in Fort Lauderdale. Mr. Font’s law, “Font & Nelson, LLC,” in Fort Lauderdale. Mr. Font’s law  firm regularly represents insurers, and Mr. Font has expressed a particular interest in identifying fraudulent insurance claims for prosecution under the applicable criminal statutes. The petition alleges that Mr. Font, among other wrongful acts: “threatened, harassed, stalked, cyberstalked, or abused” Ms. Raulerson; “threatened to harm [Ms. Raulerson] and individuals closely associated with [Ms. Raulerson];” “repeatedly harassed and threatened [Ms. Raulerson] and her co workers and her employer by forcing her to appear at court hearings having nothing to do with her, and then threatening her with criminal actions, going so far as to publish a false affidavit against her which he suborned from a prior client;” and repeatedly published the affidavit “in all cases involving [BLO] as well as other cases where [BLO] has no involvement whatsoever.”As the trial court cogently noted at the outset, the petition more nearly resembles, in its overall impression, a grievance complaint to The Florida Bar, or a motion for sanctions in the ten enumerated insurance lawsuits (and one petition to this Court) involving the parties, rather than other petitions for injunction under Chapter 784 (“I don’t think that this is the forum for me to decide, frankly, a lot of what you would like me to decide based on your pleadings”).

The law

The core allegations in the petition describe interactions between Ms. Raulerson in her capacity as an attorney for the BLO firm and Mr. Font in his capacity as an attorney, all occurring in connection with the ten, enumerated, insurance-related lawsuits. Mr. Font’s verbal threats to Ms. Raulerson “that he will cause her to lose her bar license and livelihood and reputation,” and his repeatedly filing the affidavit of a former BLO client (as purported evidence of insurance fraud by that client and BLO) could involve unprofessional behavior or even conduct subject to discipline by The Florida Bar, but falls short of harassment under the statutory definition.

The unsuitability of the stalking statutes for complaints about the repeated electronic service of subpoenae, even frivolous subpoenae, by one lawyer on another is apparent and was properly recognized by the trial court. Such conduct, as alleged in the present case and if proven, may be many things, but it is not “cyberstalking” under section 784.048(1)(d).

Hat tip sunEthics. (Mike Frisch)