The following was posted to the Professional Tarpon Tournament Series website shortly before noon, Friday (Nov. 20, 2015), four days after tournament owner Silver King Entertainment LLC abruptly walked away from its lawsuit filed nearly three years ago against Save the Tarpon, its more than 28,000 members, its directors, its former directors and a number of names apparently drawn at random from the phone book. The PTTS decision to take a hike comes on the heels of a number of pre-trial setbacks, combined with an attempt by the tournament’s own lawyer to get out while the getting was still good, and less than 24 hours before the case was set to go before a jury in Charlotte County Circuit Court. Feel free to pop some popcorn, crawl into a comfy chair and read all about it here.
After nearly a week of silence spent dodging media calls seeking comment, the PTTS has now spoken. Although the following slice of twisted whimsy isn’t signed, it’s littered with You-Know-Who’s “controlled chaos,” sweet as honey fingerprints. And because it’s understandable that a wannabe would-be, make-believe barracks lawyer can become easily disoriented and confused by the most simple legal stuff, our comments, clarifications and corrections have been helpfully highlighted in big bold type, with replies from the three (former) remaining individual defendants (who had been patiently holding back for nearly three years and have never pretended to be lawyers) in ital.
The PTTS website post is cleverly headlined “Welcome.” That’s pretty much where the reality part ends and the fantasy stuff begins. The text follows:
This last Monday, November 16, 2015, Silver King Entertainment, LLC, locally known as the Professional Tarpon Tournament Series (PTTS) dropped two counts of its complaint against the Save the Tarpon organization and some of its individual directors.
Individual defendant (and Save the Tarpon board member) Mark Futch: That’s because there were only two counts left – out of how many? And those last two were about to get kicked to the curb. Did they forget the judge had gutted most of their case less than a week earlier? And that their own lawyer had attempted to bail on them?
This decision was due to many considerations, but first and foremost let us be clear the case is not over, as the PTTS is appealing the Courts decision to grant a summary judgment on the PTTS defamation claim against the Save the Tarpon organization and its directors.
Individual defendant (and Save the Tarpon chairman Tom McLaughlin: Yeah, right. Good luck with that. So where’s your appeal? Oh, yeah. You don’t have a lawyer anymore. No problem. Joe (PTTS television host Joe Mercurio) can probably handle it. After all, he’s got three years of college.
Futch: Don’t forget his Daddy … he’s a judge. When he’s not trolling Sarasota kwikie marts, that is.
The Court without record evidence …
McLaughlin again: Record evidence? Is there any other kind of evidence nobody knows about? Like maybe double secret, off the record evidence?
… ruled that Save the Tarpon and its directors were media defendants because their statements had been published in news outlets …
Individual defendant (and Save the Tarpon board member Frank Davis: She did? No she didn’t! We never argued anything like that. She granted the motion because she found we WERE a news outlet by every definition of the term. That we WERE media defendants in the eyes of Florida’s courts. And that Gary Ingman, Mercurio and their little Silver King tee-vee thing didn’t follow the law. Right? (Yes, Frank. That’s exactly what Judge Lisa Porter determined.)
We believe decision was clearly erroneous …
Futch: So file your (bleeping) appeal already!
… as Save the Tarpon and its directors are competing fishermen, who are not neutral media members …
McLaughlin: Neutral media members? You mean like Fox News? Like MSNBC? Like the Huffington Post? Where in the statute, the one you couldn’t be bothered to obey, do the words “neutral media members” reside? Competing fishermen? When’s the last time a wrap boat has been spotted 50 miles offshore? Because that’s where I do the bulk of my fishing.
… and who have a vested interest in damaging the PTTS, along with its sponsors and participants.
Futch: What? Your sponsors and participants have a “vested interest” in damaging the PTTS? You should get a lawyer and sue ’em! Anyhow, why would we have the slightest interest in damaging the PTTS, when Mercurio and Ingman were doing a perfectly good job of damaging the PTTS without any help whatsoever from us?
Further, the Court did not rule that Save the Tarpons statements were not defamatory, but only that Save the Tarpon and its directors should have been given the chance to retract the alleged defamatory statements prior to filing a lawsuit.
Davis: Wait! Didn’t Mercurio just say it was because we were quoted somewhere in some newspaper? Are you guys messin’ with me again? (No, Frank. That’s what he said. Yeah, he did. Really.)
On the morning of November 16, 2015, the Court heard two different Strategic Lawsuit against Public Participation (SLAPP) motions filed by Save the Tarpon attempting to show the PTTS lawsuit had no merit, and the Court denied both motions.
McLaughlin: Uh … no. Judge Porter actually set aside SLAPP for procedural reasons. We just wanted to get it on the record. For later on. When the real fun begins. She never addressed the merits. Was Mercurio at the same hearing we were at? Oh, wait. Never mind. He never showed his face in court. Ever. My apologies, Joe.
Silver King Entertainment intends to pursue prevailing party attorneys fees for both successfully defended SLAPP motions.
Futch: (Unintelligible through the laughter.)
McLaughlin: How in the hell are they gonna do that? They voluntarily dismissed their own case?
Davis: You guys are messin’ with me again, right?
After this hearing, the PTTS decided that it did not want to put its sponsors and participants through a trial on two counts that would have required testimony from its sponsors and participants, when the main defamation claims dismissal was being appealed.
Futch: What sponsors? What participants? They still got sponsors? They still got participants?
The PTTS did not want to subject its sponsors and participants to any more inconvenience due to actions by Save the Tarpon and its leadership.
McLaughlin: Inconvenience? You frivolously sue someone in the wrong courthouse, in the wrong county, for half a million dollars in losses you couldn’t begin to prove, you go through three judges, you attempt every delay imaginable simply to run up the cost, you hire a lawyer who skips out on scheduled hearings without notice – and then quits at the 11th hour – and you’re suddenly worried about inconvenience?
Futch: The judge said it was the 12th hour.
The case is not over, and the PTTS feels strongly in its defamation claim winning on appeal.
Davis: Okay, now I know you guys are messin’ with me.
The PTTS may reconsider going forward, if after discussions with its participants and sponsors, it is decided it is better to take away the Save the Tarpons leaderships vehicle to enrich themselves at the continued detriment to civil discourse.
Davis: In other words, the PTTS and Ingman know they’re going to have to pay through the nose. And that they’ll likely take a few others down with them. Aren’t the rats always the first off a sinking ship? Unless you guys are messin’ with me again.
McLaughlin: “Reconsider going forward?” Good grief. Is quitting all they know?
Davis: “Take away the Save the Tarpon’s leadership’s vehicle?” Well, I guess if they need it that bad, I reckon they can have the old pickup out back behind the shed. Gonna need tires, though.
The PTTS has always taken the high road throughout the trial and has exhibited the utmost professionalism towards Save the Tarpon and its members. The PTTS will continue to conduct itself ethically, professionally and will stand up for the rights of all fishermen.
McLaughlin: Really? The high road? The only road the PTTS knows is I-75.
Futch: Don’t forget the Skyway Bridge …
McLaughlin: Okay, that too. But that $1.25 toll is kinda pricey.
Davis: You guys gotta be messin’ with me.