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IN THE CIRCUIT COURT, FOURTH

JUDICIAL CIRCUIT, IN AND FOR
DUVAL COUNTY, FLORIDA
CASE NO.: 16-2013-CA-7407 XXXX MA
DIVISION: CV-F
BERNARD ALBERT KRUIDBOS,
Plaintiff,
vs.
ANGELA B. COREY, in her official capacity as
STATE ATTORNEYF OR THE FOURTH
JUDICIAL CIRCUIT OF FLORIDA,
Florida.
______________________________________/
ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS
AMENDED COUNTERCLAIM WITH PREJUDICE
This cause came on to be heard upon the Plaintiff/Counterdefendant’s Motion to Dismiss
Amended Counterclaim. The Defendant/Counterplaintiff has attempted to state a cause of action
for a tort known as “breach of duty of loyalty.” Every case of which this Court is aware
regarding such tort concerns former employees obtaining an unfair competitive advantage over
their former employer. Sub judice, the Counterplaintiff urges the Court to expand the tort of
“breach of duty of loyalty” to include additional matters. The Counterplaintiff advised the Court
that she is not seeking to state a cause of action for “breach of duty of loyalty” based on any
competitive advantage that could be obtained by the Counterdefendant against the
Counterplaintiff. This Court is unwilling, without authority, to broaden the tort to include the
plaintiff’s additional theory.
Count II of the Amended Counterclaim relies on proof of the allegations in Count I. The
parties agreed that if Count I is dismissed, Count II should likewise be dismissed. The Court
finds that because of the facts to which the parties have agreed, the problems existing in the
Amended Counterclaim cannot be cured by filing a Second Amended Counterclaim.
Prior to the hearing, the Court became concerned that the Counterplaintiff, in her

capacity as State Attorney for the Fourth Judicial Circuit of Florida, may not have standing to
bring a civil lawsuit/civil counterclaim for civil damages. See State v. General Development
Corporation, 469 So.2d 1381 (Fla. 1985) (affirming State v. General Development Corp., 448
So.2d 1074 (Fla. 2nd DCA 1984)); State ex rel. Smith v. Jorandby, 498 So.2d 948 (Fla. 1986), and
State ex rel Smith v. Brummer, 426 So.2d 532 (Fla. 1982). Although Florida Statutes
specifically grant the Counterplaintiff the authority to bring foreclosure actions in civil court, the
Court can find no similar grant of authority by statute or otherwise to bring the counterclaim in
the instant case. Accordingly, the Court requested that the parties provide memoranda of law
regarding the issue of standing.
The Plaintiff, however, has not challenged the Counterdefendant’s standing to file the
counterclaim and the Court declines to go forward on that issue on its own motion. In any event,
this order may render that issue moot.
The Court having benefit of memoranda of law, research, argument of counsel and being
otherwise advised in the premises, it is
ORDERED AND ADJUDGED that Counts I and II of the Amended Counterclaim are
hereby dismissed with prejudice because the Counterplaintiff has failed to state a cause of action
for “breach of duty of loyalty” and she will be unable to state such a cause of action if allowed to
file a Second Amended Counterclaim; and, according to both parties, Count II cannot stand
without Count I.
DONE AND ORDERED in Chambers at Jacksonville, Duval County, Florida this 22nd
day of June, 2015.

s/ Tyrie W. Boyer
_______________________
CIRCUIT JUDGE
Copies to:
Wesley F. White, Esq. – wfwhite@gmail.com
Robert G. Riegel, Jr., Esq. – Robert.riegel@bipc.com