Former WINK News Chief Meteorologist Matt Devitt asked a judge to dismiss parts of a $100,000 lawsuit from WINK News’ parent company, Fort Myers Broadcasting Company, and filed a counterclaim over ownership of his digital brand.
In a 90-page filing Tuesday, May 19, Devitt’s attorney described WINK News’ allegations about his personal life as “scandalous” and “inflammatory” and filed a counterclaim to establish that he, not the station, owns his social media following.
The lawsuit stems from Devitt’s termination in January and WINK News’ effort to shut down his brand, WeatherView, Inc.
Why does Matt Devitt want parts of the lawsuit dismissed?
Devitt is asking a judge to dismiss two claims he says are legally redundant or improperly filed.
One is Count II, a breach of fiduciary duty claim. WINK News argues Devitt failed to act in the station’s best interests and improperly earned outside income.
But Devitt’s attorneys say this isn’t a separate claim. “As pled, Count II merely repackages the contract claim as a tort claim,” the filing states.
Devitt’s attorney, Bradley P. Rothman, argues that under Florida law, a tort claim like this must be based on conduct separate from the contract, which they argue WINK hasn’t shown.
The motion also challenges Count IV, the station’s request for a declaratory judgment on past conduct. WINK News is asking the court to rule that Devitt violated his contract and that it’s entitled to damages.
Devitt’s filing argues that’s improper because it focuses on past conduct, not current legal rights. “Count IV seeks advisory rulings and merits determinations on past conduct rather than a proper declaration of present rights,” the filing states.
They argue WINK News is effectively asking the judge to decide liability upfront, rather than through the normal course of the case.
Why are Matt Devitt’s gambling allegations being challenged?
Devitt is asking the court to strike portions of the complaint that accuse him of having a gambling problem, arguing the claims are irrelevant to the legal dispute.
“The gambling allegations likewise bear no material relationship to any cognizable claim or remedy and serve only to inject immaterial and scandalous matter into the pleading,” the filing states.
His attorney argues the allegations are an attempt to “gratuitously smear” him. They also point to a paragraph referencing Devitt’s social media persona, saying that whether he presented himself as a “family man” has no bearing on the case.
“That allegation is purely inflammatory,” the filing states.
A pair of fans walk under an umbrella as rain falls before a Week 4 game /between the Lehigh Lightning and the North Fort Myers Red Knights at Dr. James A. Adams Memorial Stadium in Lehigh Acres, Fla., on Friday, Sept. 12, 2025.
Is meteorologist Matt Devitt countersuing WINK News?
As part of the filing May 19, Devitt and WeatherView filed a counterclaim asking the court to determine ownership of his social media accounts, which have about 1.3 million followers.
The filing states Fort Myers Broadcasting Company “has no ownership interest in Devitt’s personal social-media accounts” and argues his employment agreement does not transfer rights to outside income or social media revenue.
Devitt is seeking a declaration that the station cannot take control of or shut down his platforms.
Droplets from recent rains gather on Alligator flag leaves at Corkscrew Regional Ecosystem Watershed on Monday, March 30, 2026. Despite recent rainfall, Southwest Florida is still seeing drought conditions.
Did WINK News previously support Matt Devitt’s social media?
Devitt’s attorneys argue the station was aware of and benefited from his online following for years.
The filing cites an email from former News Director Tom Doerr announcing Devitt’s promotion to Chief Meteorologist and references his “impressive social media following” of more than 500,000 followers.
An internal email from former News Director Tom Doerr, included in Matt Devitt’s legal response, announces his promotion to Chief Meteorologist and references his “impressive social media following” of over 500,000 followers.
The filing also includes a social media post from April 23, 2025, in which WINK News congratulated him for reaching 1 million Facebook followers. The post stated, “Thanks for all you do for our community!”
A social media post from WINK News April 23, 2025, included in Matt Devitt’s legal response, shows the station congratulating Devitt for reaching one million followers on his personal Facebook page and thanking him for his service to the community.
Devitt’s attorney contends WINK News’ praise undermines its current claims and amounts to a waiver of any objections.
How does public safety factor into the dispute?
Another issue involves a cease-and-desist letter sent May 5 regarding a planned hurricane preparedness presentation in Charlotte County.
Devitt argues the station’s interpretation of his non-compete agreement would improperly restrict unpaid, noncommercial public safety communications.
His filing warns such an interpretation would “chill or prohibit” hurricane preparedness efforts that do not involve compensation, advertising or use of station resources.
Devitt argues that turning a broadcast non-compete into a “general restraint on public safety communications” runs counter to public welfare.
A Facebook post from Charlotte County Economic Development, attached to a cease-and-desist letter in the lawsuit, announces a planned hurricane-preparedness presentation by Matt Devitt that WINK News claimed was a violation of his non-compete agreement.
What are the original allegations against meteorologist Matt Devitt?
The legal fight began March 30, when Fort Myers Broadcasting Company filed a 60-page complaint alleging Devitt built a separate weather brand while still employed, using company resources and trying to recruit colleagues.
Public records show “Matt The Weatherman Inc.” was registered as a Florida corporation on April 9, 2024, with Devitt listed as president. A federal trademark application for “WEATHERVIEW” was later filed under that entity, covering forecasting, weather news and broadcast production across digital and traditional platforms.
Station management has disputed Devitt’s claim that his firing was unexpected, citing prior disciplinary actions. In a memo, General Manager Jamie Ricks said Devitt received multiple warnings, including a suspension, and acknowledged violations could lead to termination.
An email from Matt Devitt to Jamie Ricks Jan. 15, 2026, included in Matt Devitt’s legal response, shows Devitt reaching out for clarity regarding his termination and denying circulated rumors that he was let go for “taking content.”
WINK News’ allegations include:
A three-day suspension in November 2025 for tardiness and “unprofessional” emails
Use of unapproved weather graphics
A warning tied to a post criticizing Publix
Directing an intern to work 100 unpaid hours without HR approval
Serving as an expert witness without permission
A screenshot included in WINK News’ lawsuit shows Matt Devitt responding with an image of the Grinch to a Facebook comment about Publix hurricane guides.
How has Matt Devitt’s firing spilled into local politics?
The fallout from Devitt’s firing surfaced in the race for Florida’s 19th Congressional District.
Republican candidate Catalina Lauf accused her opponent, media executive Jim Schwartzel, of being connected to the firing. Schwartzel responded, denying ownership of WINK News or a role in Fort Myers Broadcasting.
In a statement posted to X, Schwartzel said, “For political reasons, some are circulating false claims that I own or control WINK News. I want to be clear: I do not own WINK TV or WINK News. I am not employed by WINK and I have no role in its parent company, Fort Myers Broadcasting Co.”
What happens next?
Devitt has demanded a jury trial on all issues.
As the case moves through the Lee County court system, Devitt continues to operate WeatherView. He’s posted weather updates online since his firing, including rebuilding his social media presence after his Facebook page was temporarily removed and later restored in February.
Mickenzie Hannon is a watchdog reporter for The News-Press and Naples Daily News, covering Collier and Lee counties. Contact her at 239-435-3423 or mhannon@gannett.com.
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This article originally appeared on Naples Daily News: Matt Devitt fights back, countersues WINK News amid Fort Myers lawsuit
