County files response to Sanborn Studios counter lawsuit

Almost three weeks after Sanborn Studios filed a counter lawsuit against Sarasota County for acting in bad faith, the county filed a response.

In its Sept. 12 response, the county asked for dismissal of three out of four counterclaims and denied all eight of the company’s affirmative defenses for the original lawsuit. The county claimed several of them lacked a proper legal defense. It also requested all documentation for the allegations the company made against the county, such as the allegation made that county staff slandered Sanborn Studios, causing it to lose both prospective and previous clients.

Sanborn claimed specifically that Sweet Tomato Films, a previous client, had withdrawn its interest in producing another film with Sanborn due to statements made by a county staff member.

The letter from Dori Sperko, Sweet Tomato Films producer, stated: “We were told by folks at the County that our association with Sanborn Studios was creating a prejudice against our production company.”

The county claimed in its motion that county officials are immune to suit for such statements because a previous case in Florida, Cassell v. India, set the precedent that “public officials who make statements within the scope of their duties are absolutely immune from suit for defamation.” The county claimed that the county staff member was authorized to make such statements about Sanborn to Sweet Tomato Films.

The first lawsuit was filed by the county July 28 for breach of contract and indebtedness. It claims Sanborn Studios failed to adhere to the agreements of the two incentive loans, which totaled $650,000. In the contract, Sanborn said it would create 117 full-time jobs between 2010 and 2013. For each position the company failed to make, it was supposed to repay the county $2,992. Sanborn filed its countersuit Aug. 25.

Sanborn closed its studio in Lakewood Ranch in December 2011, and, according to the county, failed to uphold its agreement to create the required jobs or pay back the county for the jobs that were not created.