Former WINK News meteorologist Matt Devitt, who was fired in January, has formally received the lawsuit filed against him. He has 40 days to respond as the dispute moves deeper into court.
Devitt and his company, WeatherView Inc., filed an Acceptance and Waiver of Service Thursday, April 9, acknowledging receipt of the 60-page lawsuit filed by Fort Myers Broadcasting Company. The move starts a 40-day window for Devitt to respond to allegations that he violated his employment agreement and built a competing weather business while still working at the station.
WINK News is seeking more than $100,000 in damages and asking a judge to restrict Devitt’s independent weather operations, including his social media platforms.
When reached for comment, an attorney representing Fort Myers Broadcasting Company said, “The lawsuit speaks for itself.” The News-Press & Naples Daily News contacted Devitt for comment, but he had not responded as of publication Friday, April 10.
What is the latest update in the case?
Devitt’s filing is a procedural step and means he has now formally entered the case.
By submitting an Acceptance and Waiver of Service of Process, Devitt avoided formal service by a sheriff while confirming he received the summons and complaint. The document was signed by attorney Bradley Rothman of Weldon & Rothman, PL, who is representing Devitt and WeatherView Inc.
“The agreed deadline for the Defendants to respond to the Complaint is 40 days from the date of this acceptance,” the filing states.
The filing makes clear Devitt’s legal team isn’t conceding anything and plans to fight the lawsuit.
Was Devitt’s firing really a “complete shock”?
That depends on who you ask. The lawsuit makes clear WINK strongly disputes Devitt’s public account of his termination.
Devitt said his firing Jan. 8 came without warning. The complaint lays out a different timeline, however, pointing to internal discipline in the months leading up to his termination.
In a memo included in the filing, General Manager Jamie Ricks wrote, “Mr. Devitt publicly stated that his termination was a ‘complete shock.’ That characterization is inaccurate. Over the past year, WINK News and Human Resources met with Mr. Devitt on multiple occasions regarding off-air conduct. He received written warnings, was recently suspended, and acknowledged in writing that he understood continued violations could result in termination.”
The lawsuit also details a three-day unpaid suspension from Nov. 3 to Nov. 5, 2025. WINK says the suspension followed a meeting with station leadership in October 2025, outlining conduct and scheduling expectations.
According to the lawsuit, WINK documented a pattern of attendance issues, including late arrivals, leaving before newscasts ended and extended breaks, along with concerns about communication outside his scheduled hours. The notice also cited an email exchange with a station leader that management viewed as unprofessional.
The complaint states Devitt signed the suspension notice Nov. 3, acknowledging the discipline.
WINK has pointed to that suspension, along with a leadership plan issued in November 2025, as evidence that Devitt had been warned prior to his termination.
Was Devitt building a competing weather business while still at WINK?
WINK alleges Devitt was developing a separate weather brand while still employed, using company resources and trying to recruit colleagues.
“Devitt’s creation of, and working to develop and build, MTW while he was employed by FMBC is a violation of the Agreement,” the complaint states.
Public records show “Matt The Weatherman Inc.” was registered as a Florida corporation on April 9, 2024, with Devitt listed as president. A federal trademark application for “WEATHERVIEW” was later filed under that entity, covering forecasting, weather news and broadcast production across digital and traditional platforms.
The filings do not independently confirm when the business became active or whether it generated revenue during his time at WINK.
What other conduct does the lawsuit allege?
The complaint goes beyond contract issues and into Devitt’s conduct outside the newsroom.
WINK alleges that “Devitt engaged in gambling activities during working hours” and claims he has a “gambling problem.”
The filing includes a message from an individual who claimed to have seen him at a casino in January: “im telling you… that wasn’t a hobby! That was like serious addiction… I literally looked at the lady working and said, ‘is that who I think it is?’ She said yep… does it almost every night on his break…I told her they must not be paying him enough at WINK NEWS…but that BMW you are driving with the Penn State on the back of it might say otherwise… you and I were the only ones in the parking lot parked next to each other…it was 9pm…might want to get a new hobby or addiction. You are a public figure…a cherished one…you can do better…kids look up to you…”
The lawsuit also alleges Devitt acted as an expert witness in a legal case without approval, citing a deposition he allegedly gave on Oct. 16, 2025. WINK claims he participated while still serving as chief meteorologist, arguing the outside work violated his employment agreement and conflicted with his duties at the station.
Those claims are allegations contained in the lawsuit and have not been independently verified.
Publix hurricane guides added to tension
According to the complaint, Devitt received a written warning in May 2025 over a social media post involving Publix, a major advertiser.
The warning stated, “On May 20, 2025, you made a public post on your personal social media account that cast Publix—one of our station’s major advertisers—in a negative light. The content of the post was highly visible and widely associated with your role as Chief Meteorologist at WINK. As a result, it has brought unwanted attention to the station and negatively impacted our relationship with an important business partner.”
The lawsuit alleges Devitt criticized Publix for no longer carrying WINK’s hurricane guides in their Southwest Florida stores. WINK provided a screenshot of a Facebook comment section as evidence, with an individual commenting, “Someone should fund a Matt Devitt Weather hurricane guide and put it right next to the W!nk one in the Publix this season.” The screenshot shows Devitt responding to the comment with an image of the Grinch.
The station also cited concerns over Devitt’s refusal to follow brand standards, alleging he frequently used unapproved weather graphics instead of station-approved designs.
What is WINK asking the court to do?
The station’s request goes well beyond damages.
WINK is asking for a permanent injunction that would require Devitt to “stop competing and to take down and/or remove his various social media channels.”
The complaint also seeks to recover profits tied to his independent weather efforts.
It further claims Devitt’s public comments after his firing led to “considerable public backlash and has even resulted in death threats against representatives of FMBC.”
What happens next?
The case now moves through the court system in Lee County.
Devitt has continued posting weather updates independently since his firing, including rebuilding his social media presence after his Facebook page was temporarily removed and later restored in February.
Mickenzie Hannon is a watchdog reporter for The News-Press and Naples Daily News, covering Collier and Lee counties. Contact her at 239-435-3423 or mhannon@gannett.com.
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This article originally appeared on Fort Myers News-Press: Devitt enters Florida lawsuit fight after WINK firing, faces deadline
Reporting by Mickenzie Hannon, Fort Myers News-Press & Naples Daily News / Fort Myers News-Press
USA TODAY Network via Reuters Connect
