capacity as State Attorney for the Fourth Judicial Circuit of Florida, may not have standing to
bring a civil lawsuit/civil counterclaim for civil damages. See State v. General Development
Corporation, 469 So.2d 1381 (Fla. 1985) (affirming State v. General Development Corp., 448
So.2d 1074 (Fla. 2nd DCA 1984)); State ex rel. Smith v. Jorandby, 498 So.2d 948 (Fla. 1986), and
State ex rel Smith v. Brummer, 426 So.2d 532 (Fla. 1982). Although Florida Statutes
specifically grant the Counterplaintiff the authority to bring foreclosure actions in civil court, the
Court can find no similar grant of authority by statute or otherwise to bring the counterclaim in
the instant case. Accordingly, the Court requested that the parties provide memoranda of law
regarding the issue of standing.
The Plaintiff, however, has not challenged the Counterdefendants standing to file the
counterclaim and the Court declines to go forward on that issue on its own motion. In any event,
this order may render that issue moot.
The Court having benefit of memoranda of law, research, argument of counsel and being
otherwise advised in the premises, it is
ORDERED AND ADJUDGED that Counts I and II of the Amended Counterclaim are
hereby dismissed with prejudice because the Counterplaintiff has failed to state a cause of action
for breach of duty of loyalty and she will be unable to state such a cause of action if allowed to
file a Second Amended Counterclaim; and, according to both parties, Count II cannot stand
without Count I.
DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida this 22nd
day of June, 2015.
s/ Tyrie W. Boyer
_______________________
CIRCUIT JUDGE
Copies to:
Wesley F. White, Esq. wfwhite@gmail.com
Robert G. Riegel, Jr., Esq. Robert.riegel@bipc.com