Matt Devitt Lawsuit: Gambling Claims and Motions to Dismiss

The Matt Devitt lawsuit is a breach-of-contract and breach-of-fiduciary-duty case filed by Fort Myers Broadcasting Company, the parent of WINK News, against its former chief meteorologist on March 30, 2026, in Lee County Circuit Court. The station alleges Devitt built a competing weather business while still employed, violated a noncompete agreement, gave unauthorized expert testimony, and posted defamatory content after his January 8, 2026 firing. Devitt denies the core allegations, has moved to dismiss parts of the case, filed a counterclaim, and is fighting to keep ownership of social media accounts with more than a million followers.¹²

What Fort Myers Broadcasting Alleges

The complaint names Devitt and his company, Weatherview Inc. (formerly Matt The Weatherman Inc.), as defendants and seeks damages exceeding $100,000, along with a temporary or permanent injunction to stop Devitt from competing as an online weather forecaster and to force removal of posts the station calls defamatory.¹³ The main legal claims are breach of contract and breach of fiduciary duty, with an additional request for a declaratory judgment on Devitt’s past conduct.

The factual claims break into four categories. First, a competing weather business. The suit alleges Devitt ran a competing operation through his personal entity while still on the WINK payroll. Florida corporate records show he incorporated Matt The Weatherman Inc. on April 9, 2024, with himself as president and his wife, Elizabeth Devitt, as vice president; the entity changed its name to Weatherview Inc. on December 31, 2025, days before his termination.⁴ Devitt also filed a federal trademark application for “WEATHERVIEW.”²

Second, a noncompete violation. The company claims Devitt’s post-termination online weather forecasting violates a noncompete clause in his employment agreement.³

Third, unauthorized expert testimony. The suit alleges Devitt gave a deposition on October 16, 2025, serving as a paid expert witness without the station’s permission and in violation of his contract.⁵

Fourth, defamatory social media posts. According to the complaint, Devitt posted “false, misleading, and/or defamatory” content about the company after his firing, which the station says caused “considerable public backlash” and resulted in death threats against Fort Myers Broadcasting representatives.³

The Gambling Allegations

The complaint also claims Devitt had a “gambling problem” and visited the Seminole Casino Hotel, other casinos, and an “unlawful gambling arcade” during work hours.³ It references a Facebook message from a casino employee who reportedly said Devitt gambled “almost every night on his break.”¹ Court filings between late May and early June 2026 show WINK adding financial records and testimony from former newsroom colleagues to support these claims.⁶

Devitt’s attorneys have moved to strike the gambling allegations entirely, calling them “irrelevant,” “immaterial,” and “scandalous” and arguing they are designed to “gratuitously smear” him rather than support any legal cause of action.⁷

Devitt’s Response and Motions to Dismiss

Devitt and Weatherview Inc. submitted court filings in May 2026 denying the allegations of breach of contract, breach of fiduciary duty, and noncompete violations, and requested a jury trial along with a counterclaim.⁸²

On Count II, the breach of fiduciary duty claim, Devitt argues it is legally redundant because it repackages the breach of contract claim as a tort. Under Florida law, his attorneys contend, a tort claim requires conduct separate from the contract, which the station has not demonstrated. On Count IV, the request for a declaratory judgment, his team argues the station is improperly seeking advisory rulings on past conduct rather than a legitimate declaration of present rights.⁷

Devitt is also pursuing a broader selective enforcement defense. In filings from late May and early June 2026, his attorneys sought discovery into how other WINK newsroom employees were treated, aiming to show the station’s workplace rules were enforced unevenly against him.⁶

The Fight Over Social Media Ownership

The most contested piece of the dispute may be who owns Devitt’s online following. His attorneys argue that his employment agreement never specifically referenced Facebook pages, YouTube channels, or social media monetization revenue. They point out that WINK publicly congratulated Devitt in April 2025 for reaching one million Facebook followers without ever claiming the account or its audience belonged to the station.⁸

Devitt is asking the court to confirm his ownership rights, enforce the employment agreement according to its original terms, and dismiss portions of the lawsuit that he says improperly seek to restrict his protected online speech. His attorneys have asked the company to formally admit that his employment agreement contained no specific references to Facebook, YouTube, or social media monetization revenue, and that the station publicly celebrated his social media success without claiming ownership.⁸

The Workplace Incidents WINK Cites

General Manager Jamie Ricks pointed to a series of prior disciplinary actions as the basis for the termination.² An internal memo referenced in the filings warned Devitt that further violations could lead to dismissal.⁷

In November 2025, Devitt received a three-day suspension for tardiness and what the station called “unprofessional” emails.² Earlier, in May 2025, he received a written warning after criticizing Publix on social media for no longer carrying WINK’s hurricane guides in Southwest Florida stores. The warning stated the post “cast Publix—one of our station’s major advertisers—in a negative light” and “negatively impacted our relationship with an important business partner.” The suit included a screenshot of a Facebook thread in which a user suggested someone “fund a Matt Devitt Weather hurricane guide and put it right next to the WINK one in the Publix,” to which Devitt replied with a Grinch image.⁹

The station also alleged Devitt used unapproved weather graphics and directed an intern to perform 100 hours of unpaid work without human resources approval.² On January 15, 2026, a week after his firing, Devitt emailed Ricks seeking clarification about the termination and denying rumors that he had been let go for “taking content.”⁷

Where the Case Stands

As of early June 2026, the case remains active in Lee County Circuit Court. The judge has not ruled on Devitt’s motions to dismiss Counts II and IV or on his request to strike the gambling allegations. Both sides continue to file discovery-related documents, with the station adding financial records and co-worker testimony to support its claims and Devitt’s team probing the station’s treatment of other employees.⁶ No settlement discussions have been publicly reported.

1
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