Watching the internecine legal battle within the St. Johns County Republican Party. Intriguing,
Developer advocate JAMES HIGBEE has sued former Doyle Dane Bernbach creative director and local tree protection advocate NICOLE CRANBERG CROSBY for defamation. HIGBEE's parents are "real estate investors and philanthropists."
With hauteur and feigned outrage about alleged "government overreach," HIGBEE angrily spoke in November at County Commission against enhanced tree protection ordinance before St. Johns County Commission. oddly accusing Commissioner Joseph of not being a conservative because she wants to protect our trees, even accusing Commissioner Joseph of "plagiarism," driving under the inference! So what if Ms. CROSBY may have helped Commissioner Krista Keating Joseph type her fourteen points toward controlling deforestation? That's not plagiarism, and HIGBEE's caterwauling cavil was as unctuous as it was unconvincing.
Sounds like sour grapes, if not defamation.
Ms. CROSBY's advertising and marketing skills helped Ms. Joseph defeat developer doormat JEREMIAH RAY BLOCKER by 175 votes in a closed Republican primary in August 2022, and for good measure, to defeat for the seventh time since 1998 a proposal for a 15% sales tax increase. Kudos.
When it comes to reform in St. Johns Country, or even saving trees, jejune JAMES HIGBEE was having none of it, and four compliant Commissioners echoed HIGBEE's cynical sophistry in shooting down tree protection, without class, collegiality, compromise or critical thinking.
Now HIGBEE has uncovered a NICOLE CROSBY Facebook posting, according to the complaint, misstating that HIGBEE was a convicted felon, when in fact he was convicted of misdemeanor theft crime at age nineteen. As we say in Latin, "De minimus non curat lex."
Unless the court grants a motion to dismiss or a motion for summary judgment, a St. Johns County jury of six may get to decide JAMES HIGBEE's lawsuit, and any counterclaims and third party claims that may be filed by NICOLE CROSBY.
Oddly, JAMES HIGBEE's lawyer claims (for purposes of First Amendment libel law) that JAMES HIGBEE is not a "public figure" That dawg won't hunt. JAMES HIGBEE's public resume lists his First Amendment protected activity as a Young Republican and apparatchik -- sounds like a public figure to me. I may just be an old country disbarred lawyer, but I was a prevailing defendant in a libel case, sued the plaintiffs, and collected five figure damages from a corrupt East Tennessee Sheriff, three henchmen, and their Interstate Bonding Company,
James Higbee (born January 17, 1994) is a Chief Technology Officer and Republican Party volunteer, located in St. Johns County Florida. He currently works as Chief Technology Officer for McGraw[1], a HubSpot and Revenue Operations consulting firm[2]. He is also the President of St. Johns County Young Republicans[3]. In 2022, Higbee filed to run for Florida State Senate, District 7, before withdrawing after the primary election[4].
History
Higbee is a fifth generation born and raised Floridian, originally from Jacksonville, FL. His parents are Jay and Dianne Higbee, both real-estate investors and philanthropist[5]. Higbee's family started a property management firm in 1888, that his father currently runs[6]. Higbee has worked as a salesman and consultant in a wide range of industries from private health care, mortgage, tech starts ups, and real-estate[7].
In 2005, an endowment was set up at University of Florida by his parents under their names and his childhood nickname, Jamie, in honor of the family. [8] The Early Kindergarten building at the Bolles School in Jacksonville Florida is named the James D Higbee Early Learning Center in his honor.
Career
Higbee has worked in a wide range of roles, starting as a salesman at the age of 18. By the time he was 24, he went to work for Web.com, becoming their number 1 salesman internationally by selling website design, social media, and other digital products via chat and telemarketing[9].
In 2019, Higbee appeared in a TV ad for attorney John Phillips, who represents Joe Exotic from the Tiger King[10]. This TV ad went on to win both a gold and bronze Telly Award[11].
In 2019, Higbee was asked to join McGraw, first as their marketing director, and was then promoted to Chief Technology Officer within his first year. Higbee works as a SQL Administrator, runs paid marketing campaigns across Google Adwords and Social Media, designs email campaign strategies, and manages other teams including an international sales force[12].
Politics
Higbee became involved in politics in 2020, volunteering for multiple races including Rob Hardwick's campaign for Sheriff of St. Johns County, and Christian Whitehurst campaign for County Commissioner District 2 St. Johns County.
In 2021, Higbee was asked to become the President of St. Johns County Young Republicans. He assisted the Republican Party of St. Johns with social media management, grew membership in the Young Republican club, and assisted several elected officials in connecting with the community by hosting a weekly podcast, titled Meet Your Elected Officials[13]. In addition to working as the President of St. Johns County Young Republicans, Higbee is the Social Media and Promotions Director for the Trump Club of St. Johns County
In 2022, Higbee filed to run for State Senate, District 7 representing Flagler, St. Johns, and Volusia County. After the primary election, he withdrew from the race and signed on to become St. Johns County Schoolboard District 3 candidate, Jennifer Collins, campaign manager.
Personal Life
Higbee resides in St. Augustine Florida, with his German Shepherd, Liberty. In his free time, Higbee has stated that he enjoys flying airplanes recreationally, as well as skydiving and traveling.
References
- St.Denis, Susan (2022-08-02). ""CIOtv" with James Higbee from McGraw". Buzz Media Group. Retrieved 2022-09-21.
- "Digital Marketing Agency | Lead Generation". McGRAW. Retrieved 2022-09-21.
- "Daytona Beach News-Journal Online". www.news-journalonline.com. Retrieved 2022-09-21.
- "James Higbee". Ballotpedia. Retrieved 2022-09-21.
- "Andrew Robinson's daughter, Higbees form foundation to help inner-city school | Jax Daily Record". Jacksonville Daily Record - Jacksonville, Florida. 2014-10-20. Retrieved 2022-09-21.
- "Workspace: | Jax Daily Record". Jacksonville Daily Record - Jacksonville, Florida. 2007-02-27. Retrieved 2022-09-21.
- Era, Industry. "James Higbee CTO The McGRP International Best CTOs of 2020". Industry Era. Retrieved 2022-09-21.
- "Jay, Dianne and Jamie Higbee Football Endowment". University of Florida Advancement. Retrieved 2022-09-21.
- Staff, TechCulture (2022-05-02). "Data-driven Marketing: An Interview With McGraw CTO James Higbee - Tech Culture". Retrieved 2022-09-21.
- "Joe Exotic's Lawyer Once Represented Other 'Tiger King' Figures & A Trump Aide". Bustle. Retrieved 2022-09-21.
- Our 2019 ad, “Victory” won BOTH Gold and Bronze Telly Awards. The Telly Awards annually showcases the best work created within television and across... | By John M. Phillips | Facebook, retrieved 2022-09-21
- ""Digital Champions" with James Higbee from McGraw". dailyadbrief.com. Retrieved 2022-09-21.
- On this week's episode of Meet Your Elected Official, St. Johns County Young Republicans sat down with Senator Travis Hutson to discuss the recent... | By St. Johns County Young Republicans | Facebook, retrieved 2022-09-21
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Summary
History
IN THE CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT,
IN AND FOR ST.
JAMES DAVID HIGBEE, Plaintiff,
V.
NICOLE CRANBERG CROSBY., Defendant
JOHNS COUNTY, FLORIDA
/
COMPLAINT
Plaintiff JAMES DAVID HIGBEE (“Plaintiff”), by and through the undersigned attorney,
hereby files this Complaint against NICOLE CRANBERG CROSBY (“Defendant” or “Crosby”), and state as follows:
JURISDICTION AND VENUE
1. This is an action for defamation, libel, libel per se, which seeks damages, punitive damages and injunctive relief going forward within the jurisdiction of this Court as the matters in controversy exceed the sum of $50,000.00 exclusive of interest, attorney’s fees, and costs.
Defendant is a resident of St. Johns County, Florida
Venue is proper in St. Johns County. PARTIES
Plaintiff is a natural person residing at 1401 Riverplace Boulevard, Florida.
Plaintiff is a well-respected member of the community.
Plaintiff, prior to the instances set forth in detail below, was the Chief Technology
Officer at Mcegrp, International.
7. Plaintiff is not a public figure.
1
HIGBEE v. CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
Case No.292024CA000665A000MX Division: 59
DEMAND FOR JURY TRIAL
Crosby is a natural person residing at 1169 Neck Road, Ponte Vedra Beach, Florida.
All conditions precedent to the filing of this action have occurred, or are deemed
waived, excused, or are otherwise satisfied.
10. Crosby is the administrator of a Facebook group named, “Fight for St. Johns County” (the “FFSJC Group”).
Posts by the “author” on the FFSJC Group are written by Crosby. GENERAL ALLEGATIONS
October 19, 2023, Facebook Post
On October 19, 2023, Crosby wrote and posted on the FFSJC Group a post about
Plaintiff. A copy of the post is attached as Exhibit “A” (the “October Post’).
13. The October Post featured a picture of Defendant with the current State Senator for the senate district that includes St. Johns County with the caption, “These two old friends have
teamed up to lie to use about tree protections. Beware of election emails with more lies.”
14. The October Post featured a portion of the record from a 2013 criminal case in Palm
Beach County in which Plaintiff was the listed defendant (the “2013 Case”).
15. The October Post clearly and unambiguously identified that the charge in the 2013 Case as a “misdemeanor.”
The clerk number for the 2013 Case is 13MM09475ASB.
The“MM”intheclerknumbermeans“misdemeanor.”
The 2013 Case was filed in County Court.
County courts in the State of Florida do not have jurisdiction over felony criminal
cases, only misdemeanors.
20. The judge assigned to the 2013 Case was a county court judge.
2
HIGBEE v. CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
21. The Palm Beach County clerk’s website identifies the 2013 case type as a “misdemeanor” and the “court type” as a misdemeanor.
22. The 2013 Case concerned Plaintiffs alleged theft of items from a Wal-Mart in Delray Beach, Florida on July 17, 2013 valued at approximately $252.40.
Plaintiff was issued a notice to appear in the 2013 Case.
Plaintiff was nineteen years old at the start of the 2013 Case.
Plaintiff pled guilty in the 2013 Case to one misdemeanor.
Crosby made the October Post the cover photo of the FFSJC Group page on
October 19, 2023.
Crosby knew that the 2013 Case was a misdemeanor.
Crosby knew that Plaintiff was not charged with a felony.
Crosby knew Plaintiff was charged with a misdemeanor.
Crosby knew that as part ofthe 2013 Case, Plaintiffpled guilty to one misdemeanor
charge.
The October Post is on the FFSJC Group page as of the date of this Complaint.
April 12, 2024, Facebook Post
On April 12, 2024, Crosby posted a comment about the 2013 Case. (the “April
Post’). A copy of the April Post is attached as Exhibit “B.”
33. The April Post was cropped so that any information identifying the case as a misdemeanor was removed.
34. 35.
— The April Post included a new picture of the Plaintiff.
The April Post included a comment written by Crosby providing the following,
"Christopher Miller" It's another fake profile from James Higbee - good friend of Christian Whitehurst, Sarah Arnold and Travis Hutson -- pathetically claiming that
HIGBEE: CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
#2 isn't so bad! Heck, neither is #3 which comes after #2. And then there's #4. I guess these commissioners are happy ifwe're in the top ten, as long as they get their developer payback. We'll leave his post up for a little while - just for laughs. Chart below shows how well loved he is by the Hutson cartel, despite his felony thefts. (emphasis added).
36. In the comments section, Crosby re-posted the same picture and information on the 2013 Case, again with the information correctly identifying the 2013 Case as a misdemeanor cropped out.
Crosby stated in the April Post that Plaintiff has multiple “thefts.”
Plaintiff has never been charged with multiple thefts.
Plaintiff has never been convicted of multiple thefts.
Crosby stated in the April Post that Plaintiff's “thefts” are felonies.
Plaintiff has never been charged with a felony.
Plaintiff has never been convicted of a felony.
43. multiple thefts.
Crosby knew at the time of the April Post that Plaintiff has never been charged with
44. Crosby knew at the time of the April Post that Plaintiff has never been charged with a felony.
45. Crosby knew at the time of the April Post that Plaintiff has never been convicted of a felony.
The April Post was viewed by Plaintiff's employer.
As a result of the April Post, Plaintiff's employer demoted Plaintiff from his
position as Chief Technology Officer.
48. Plaintiff's demotion has caused Plaintiff economic harm in the form of decreased
earnings.
4
HIGBEE v. CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
49.
50. damaged.
51.
_ Plaintiff's demotion has caused emotional distress on Plaintiff.
As a result of the April Post, Plaintiff's reputation in the community has been
As a result of the April Post, clients of Plaintiff do not want to work with Plaintiff.
COUNTI DEFAMATION
This is a claim for defamation for which Plaintiff seeks damages, punitive damages,
52.
and injunctive relief.
Plaintiff realleges paragraphs | through 51 as though fully set forth in this Count
Crosby published false and defamatory statements concerning the Plaintiff on the
Internet.
55, Crosby made unprivileged publication of the false and defamatory statements concerning Plaintiff to third parties by publishing the statements on Facebook.
56. Crosby was at fault in making these statements because Crosby knew they were false or should have known they were false when she published them, or Crosby acted with negligent disregard as to the truth or falsity of her statement.
57. Crosby’s statements are libel per se and therefore actionable irrespective of special
harm.
58. Crosby’s statements that are not libel per se have caused Plaintiff special harm, placed Plaintiff in fear of his personal safety and has caused emotional injury to Plaintiff, and have caused economic injury to Plaintiff.
59, As a direct and proximate result of the statements by the Defendant, the Plaintiff
has sustained damages in an amount to be proven at trial. INJUNCTIVE RELIEF
HIGBEE° CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
55. Under Florida law, and pursuant to the above-described allegations, Plaintiff has a substantial likelihood of success in this matter.
56. Enjoining the present and future posts on the FFSJC or any other internet site by
Crosby concerning Plaintiff will not harm Crosby as much as continuation of these activities will harm Plaintiff.
57. Plaintiff requires the entry of an injunction against Crosby. Such injunction will not
disserve, but, in fact, will promote the public interest. PUNITIVE DAMAGES
58. Crosby had actual knowledge of the wrongfulness of her conduct and the high probability that injury or damage to Plaintiff would result and, despite that knowledge, intentionally made the April Post, which resulted in injury and/or damage.
59, Crosby’s conduct in posting the April Post was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of Plaintiff.
60. Plaintiff seeks punitive damages and attorney’s fees and costs in this matter. WHEREFORE, Plaintiff prays for judgment against Crosby for damages, plus pre- judgment interest, court costs, attorney’s fees, injunctive relief and for any and all other relief that
this Court may deem just and proper.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury for all causes for damages which are triable by a Jury. DEMANDS FOR RELIEF
Wherefore, Plaintiff respectfully request that this Court:
Find and determine that this is a case of actual controversy over which it has jurisdiction.
Find and determine that Crosby’s actions constitute defamation.
6
HIGBEE v. CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
Find and determine that Crosby’s actions constitute libel per se.
Find and determine that Crosby acted with actual knowledge of the wrongfulness of her
conduct and with knowledge that there was a high probability that injury or damage to Plaintiff would result.
In the alternative to 4, find and determine that Crosby actions were reckless and/or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of Plaintiff
Award Plaintiff compensatory damages because of Crosby’s conduct specified herein.
Award punitive damages because of Crosby’s conduct specified herein.
As remedy going forward, issue a permanent injunction against Crosby to take down the
April Post from the FFSJC Group and/or any other Internet page.
Award Plaintiff his costs, expenses, and reasonable attorney’s fees in bringing this action.
Grant Plaintiff such other and further relief that the Court deems proper under the circumstances.
7
HIGBEE v. CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
Dated: May 24, 2024
Respectfully submitted:
s/Zachary Miller, Esq. ZACHARY W. MILLER, ESQ. 3203 Old Barn Court
Ponte Vedra Beach, FL 32082
Email: zwmillerlaw@gmail.com Florida Bar No.: 59331
Telephone:904-65 1-8958
Counselfor Plaintiff
8
HIGBEE v. CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
EXHIBIT A OCTOBER POST
9
HIGBEE v. CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
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10
HIGBEE v. CROSBY
CIRCUIT COURT OF THE SEVENTH JUDICIAL CIRCUIT, IN AND FOR ST. JOHNS COUNTY, FLORIDA
Counter sue him for defamation. Easy. The MAGA lunatic lied and defamed people in public. What a scoundrel.
ReplyDeleteHigbee is pissed off because he sees easy money to be made for himself here off high priced houses and real estate. He will sue out of revenge because he sees others as costing him money or being in between him and getting his grubby hands on some money. Probably never worked a day in his life... pushing a pencil and talking isn't really work.
ReplyDelete