Matt Devitt isn’t sitting quietly as the legal battle with his former employer heats up. After WINK News’ parent company, Fort Myers Broadcasting Company, sued him for $100,000, Devitt fired back last week, asking the judge to toss parts of the lawsuit and counter-suing to settle, once and for all, who really owns his social media presence.
Devitt’s side presented a lengthy, 90-page legal filing on May 19. His attorney didn’t hold back, calling WINK’s allegations about Devitt’s personal life “scandalous” and “inflammatory.” At the heart of his counterclaim is the argument that his social media following, over 1.3 million followers, belongs to him, not the station. He also clarified that WINK News’ efforts to close his WeatherView brand have no legal footing.
Digging deeper, Devitt’s asking the judge to get rid of two counts in WINK’s complaint, saying they’re legally redundant or just improperly filed. The first, a breach of fiduciary duty, accuses Devitt of failing the station’s interests and earning outside income on the side. Devitt’s team insists this “repackages” a contract claim as a tort, and by Florida law, these have to be based on separate facts, something, he says, WINK has not done. The second, a request for a declaratory judgment on past conduct, is, according to Devitt, just WINK asking the court to rule on “what happened,” not on current legal rights, which is not how the law works.
He’s also asking the court to strike out parts of WINK’s complaint that paint him as a problem gambler. These claims, Devitt says, aren’t relevant and serve only to smear his reputation. Similarly, the lawsuit mentions his social media persona as a “family man.” Devitt’s attorney points out that this is just inflammatory and has nothing to do with the legal issues at hand.
Meanwhile, Devitt’s counterclaim zeros in on ownership of his massive online audience. He says his employment contract never transferred social media or outside income rights to the station, and Fort Myers Broadcasting has no stake in his personal accounts. Devitt wants the court to say unequivocally, the station can’t take over or shut them down.
Evidence from the filing bolsters his argument. His attorneys highlighted that the station openly celebrated his online presence in writing. Former News Director Tom Doerr once praised Devitt’s “impressive social media following” of over half a million fans when promoting him to Chief Meteorologist. And when Devitt hit a million Facebook followers in April 2025, WINK News posted a public “congratulations.” Devitt’s legal team points to this as proof the company can’t suddenly claim ownership of the accounts it spent years promoting.
Public interest plays a role here as well. WINK sent a cease-and-desist letter over Devitt’s planned hurricane preparedness talk in Charlotte County. The station claims it violated his non-compete, but Devitt says that’s a ridiculous stretch, especially for unpaid, public safety work. Blocking communications that keep people safe, he argues, would hurt the public, not just him.
The roots of this suit go back to Devitt’s firing in January, which the station says followed repeated disciplinary issues, everything from tardiness and unapproved graphics to questionable HR moves. Meanwhile, Fort Myers Broadcasting accuses him of building a competing brand and even recruiting staff while still employed. Public documents reveal he registered Matt The Weatherman Inc. as a company in Florida and applied for the federal “WEATHERVIEW” trademark, covering everything from weather news to digital content.
The fallout hasn’t stayed in the newsroom. The case’s high profile bled into local politics, with congressional candidate Catalina Lauf dragging her opponent into the mix. Her rival, Jim Schwartzel, swiftly denied any business link to WINK News, calling the rumors pure politics.
For now, Devitt remains defiant. He’s demanded a jury trial on every count. While the case moves through Lee County court, he keeps running WeatherView, updating his audience and rebuilding his social media after Facebook temporarily booted, then restored, his page. It is clear this fight’s about far more than weather updates. It’s about control, reputation, and who really owns a following in the digital age.
Track the latest updates directly through the Lee County Clerk of Court public portal as this stormy legal battle unfolds.
