IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIRCUIT CIVIL DIVISION
ELLENBETH WACHS ; ATHEISTS OF FLORIDA INC
Plaintiff

Case No: 11-CA-015545

VS.
Division: I
Ryan M Carey ; EDWARD GOLLOBITH
Defendant

ORDER DENYING DEFENDANTS' AMENDED MOTIONS TO PARTIAL SUMMARY

JUDGMENT AS TO WACH'S AMENDED COMPLAINT
The Estate of Matt Cooper, Atheists of Florida, Inc., James Peterson, Steve Miles, Ed
Gollobith, Tracy Thomas, Nan Owens, Joseph Reinhardt and Gloria Julius (Defendants) moved
for partial summary judgment as to the defamation action. It was heard on August 5, 2015. After
considering the arguments of the parties, the record and Florida law, the Court denies the motions for
the following reasons:
1. That the first issue for the Court to decide is whether EllenBeth Wachs is a public figure.

Under Florida law, that is a matter of law for the judge to decide. See, e.g., Miami Herald v.
Ane, 458 So. 2d 239 (Fla. 1984); Mile Marker, Inc. v. Peterson Publishing, 811 So. 2d 841
(Fla. 4th DCA 2002). For the reasons explained by Wachs in her reply memorandum, she is
not a limited purpose public figure. The Court finds that there is no more public controversy
here than in any other inter-corporate power struggle case. The only people who care about
this case are the participants. Because one participant is a non-profit with at most a couple
hundred members does not make this a public controversy. Because no public controversy
has been found, the analysis stops there. The Court finds that just because Plaintiff puffs
herself up in her complaint does not mean that she is a public figure. The objective facts are
controlling, not the thoughts racing through ones mind.
2. That because it has been found that Plaintiff is not a limited purpose public figure, she does not

have to prove actual malice. See, Ane.

3. That because the record is clear that Cooper was not a member of AOFs board of directors at

the time the allegedly defamatory statements were made, he has no privilege.
4. That the Defendants who were members of AOFs board at the time and who allegedly

participated in the defamation may have a privilege. That is not, however, an unqualified
privilege and material issues of fact remain as to what they knew at the time they accused
Wachs of misappropriation of organizations funds. That is not a statement of opinion, as is
acting in a way that discredits the organization. Accordingly, their motion is denied.

Done and Ordered in Hillsborough County, Florida this 3rd day of September, 2015.
ELECTRONICALLY CONFORMED 9/3/2015

Paul Huey, Judge

Copies Furnished To:
Plaintiff
Attorney: RYAN MICHAEL CAREY
10 SAINT GEORGE ST
BOSTON, MA 02118

Defendant
Ryan M Carey
2116 Chestnut Street
Philadelphia, PA 19103-4496

ELLENBETH WACHS

Attorney: MICHAEL R CAREY

CAREY OMALLEY WHITAKER ET AL
712 S OREGON AVE
TAMPA, FL 33606

ATHEISTS OF FLORIDA INC

JOHN KIEFFER
3327 CHEVIOT DR
TAMPA, FL 33618
Attorney: R GALE ESQ PORTER JR
4830 WEST KENNEDY BLVD
SUITE 475
TAMPA, FL 33609-2564

Attorney: CHRISTOPHER TODD MARKS

WESTCHASE LAW,P.A., A PRIVATE LAW FIRM
12029 WHITMARSH LN
TAMPA, FL 33626
Attorney: C PHILIP CAMPBELL
SHUMAKER LOOP & KENDRICK
101 E KENNEDY BLVD STE 2800
TAMPA, FL 33602
Attorney: RICHARD GALE PORTER
PORTER LAW GROUP, LLC
4830 W KENNEDY BLVD STE 475
TAMPA, FL 33609
Attorney: RINKY S. PARWANI
PARWANI LAW P A
9905 ALAMBRA AVE
TAMPA, FL 33619
EDWARD GOLLOBITH
TRACY THOMAS
NAN OWENS
STEVE BROWN

MATT COOPER
STEVE MILES
JAMES PETERSON
GLORIA JULIUS
ATHEISTS OF FLORIDA INC
ELLENBETH WACHS
5963 LAKE VICTORIA DR
LAKELAND, FL 33813
JOHN KIEFFER
3327 CHEVIOT DR
TAMPA, FL 33618
ROBERT CURRY
509 39th AVE. N.
ST PETERSBURG, FL 33703-6103
WALLACE REINHARDT
TAMPA HUMANISTS ASSOCIATION
HUMANIST SOCIETY OF THE SUNCOAST