Fort Meyers, Florida personal injury lawyer represented Plaintiff who sued Defendants on defamation theories.

Federal Courthouse - Fort Myers, Florida

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This is a defamation case. It centers around two nearly identical affidavits[2] that Defendants signed (but may not have filed in) an ongoing state court action in the Family Court of the Ninth Judicial Circuit in Charleston, South Carolina.[3] The exact nature of the South Carolina action is disputed, although it is likely a divorce or divorce-related family matter.[4]



In the affidavits, Defendants say that Cherdak "has abused my daughter and grandsons. All of this now is, in my belief, merely an attempt to continue to hurt my daughter and grandchildren.” (Doc. 1-2). Cherdak alleges that Defendants "published” the affidavits to "notary publics in Florida (Mr. Danillo [sic] Morales); Mr. Jonathan E.B. Lewis of Beaufort, South Carolina; Mrs. Lauren Ann Cottone; and Mr. Christian St. Amour (an independent contractor to Plaintiff in the legal services field).” (Doc. 1 at n.2). Based on the Complaint and attached exhibits, Morales notarized both affidavits, Lewis represents Cherdak's wife in the South Carolina litigation, Lauren Cottone is Cherdak's wife and Defendants' daughter, and St. Amour is an independent contractor working for Cherdak.[5] Cherdak thus sues Defendants for defamation per se, defamation by implication, intentional infliction of emotional distress, and conspiracy to harm under Florida law. (Doc. 1 at 17-38). Defendants now move to dismiss the Complaint under Florida's litigation privilege.

Motion to dismiss granted.