TXAD Asks Judge to Dismiss Southeast’s Suit
￼￼Texas Advertising Inc. (TXAD) has asked a judge in Florida to dismiss the suit filed against it by Southeast Publications Inc.
The Texas firm, which is a competitor with Florida-based Southeast Publications, argues that the state court in Broward County, Fla., lacks jurisdiction to hear the suit.
Southeast’s suit claims that Texas Advertising and its AGS affiliate, all headed by President Brian Schaeffer, engaged in unfair business practices. Southeast sought a judgment in excess of $75,000 in its original suit.
TXAD maintains in its motion for dismissal that the lawsuit has no merit and was improperly filed in Florida. Before TXAD and Schaeffer were required to respond to the original lawsuit, United States District Judge William J. Zloch dismissed the entire lawsuit because of Southeast’s failure to explain why Schaeffer, a Texas resident, should have to defend himself in a Florida court. Southeast quickly asked the court to reinstate the lawsuit, but again, Judge Zloch upheld his prior dismissal of the lawsuit.
A week later, Southeast Publications refiled a second suit in a separate Florida court and asked for a judgment in excess of $15,000.