Filing # 20667786 Electronically Filed 11/17/2014 08:05:50 PM

IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT

IN AND FOR ORANGE COUNTY, FLORIDA
IN RE: The Matter of
ROYCE LYNDSAY REED,
Petitioner/Mother,
and

Case No.: 2008-DR-4874

DWIGHT DAVID HOWARD II,

Respondent/Father.
_______________________________/
FATHERS TIME-SENSITIVE MOTION FOR CONTEMPT AND ENFORCEMENT
Father Dwight D. Howard II (Dwight) respectfully requests this Court enter its
order holding Mother Royce L. Reed (Reed) in contempt and enforcing the Settlement
and Parenting Agreement, and entering sanctions against Reed, and states:
Introduction
1.

Reed treats the parties son as a pawn in her scheme to extort economic

concessions from Dwight, and to continue her long-running campaign to destroy

Dwight's relationship with his son. Over the weekend, Reed gave (either directly or
indirectly) confidential, private and sensitive information about BH to the media, in
violation of BH's interests, her promises in multiple agreements, her obligations as a
parent, and Florida law. Reed, upon information and belief, released or directed the
release of select portions of a Department of Children and Families investigation report
(the Report) containing private, confidential, and sensitive information about BH to
TMZ, as a part of her campaign to obtain money from Dwight and as a result of her
spiteful determination to cause him harm.

2.

Dwight wants to protect BH, and his right to privacy and confidentiality,

and asks this Court's help in protecting this child.

Background
3.

Over six years ago in July 2008, Reed and Dwight agreed to share

parental responsibility for BH; Reed's interest in using BH to advance her own interests
was present even then. In fact, their parenting agreement actually states that BH has
the "right to be free" from "being used" as a "bargaining chip."

3(C)(3), Settlement

and Parenting Agreement. They agreed to protect B.H.s privacy and to ensure his
normal growth and development free from the media spotlight. 14, Settlement and
Parenting Agreement (emphasis added).
4.

Reed has breached these and other promises so often that Dwight has

been repeatedly forced to seek court intervention to protect BH and his family from
Reeds exploitation. Notably, Reed and her agents have previously used TMZ to leak
harmful information about Dwight and BH; she has been sanctioned and held in
contempt for these exact actions before and those contempt orders were sustained on
appeal. She and her counsel engage in spurious, premeditated and frequent attacks,
including on counsel, the court, Dwight and those associated with him. In her eyes, she
is on a crusade, the foundation of which is that she is always 100% right, and anyone
associated with Dwight, the father of their child, is bad, and must be punished.
Argument
5.

Reed has, upon information and belief, released or authorized the release

of select portions of the Report containing private, confidential, and sensitive information
about BH to TMZ.

Since Reed leaked the Report, other news media have further
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disseminated the sensitive information about BH to the public. Reed threatened this
improper and harmful action by posting on her Instagram account that the gloves are
off and Im not the 1 to play with when it comes to my son!

Dwight sought this

Court's relief in sealing this file, concerned about exactly what has now occurred, and,
not surprisingly, Reed has actually filed a motion to vacate that order, seeking to ensure
that her own son's sacrosanct privacy about these sensitive matters is eliminated. This
Court will recall that the undersigned predicted this would occur.
6.

Upon information and belief, Reed, through her counsel, culled certain

portions of the Report and sent them to TMZ for the sole purpose of influencing the
present action without any consideration of the damage caused to BH by the public
disclosure of the Report or the criminal consequences of her behavior. As always, she
leaves out relevant, truthful information, distorting data in a manner to advance her
desired outcome.
7.

Reeds recent actions violate both the letter and spirit of shared parenting,

and BH's right not to be used as a bargaining chip and to be free from the media
spotlight.
8.

Reeds actions also violate the statutory provisions put in place by the

Florida Legislature to protect the rights of children. See Fla. Stat. 39.202 (Fla. Stat.
2014).

Any record generated under that provision is confidential and shall not be

disclosed, except under narrow circumstances not present here. Id. BH is entitled to
confidentiality, and Reed his mother has willfully and knowingly eviscerated BHs
rights solely to exert external pressure and gain leverage in this proceeding.
9.

This was a premeditated and deliberate act by Reed, undertaken thinking

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only of her own interests and in shocking disregard of BH. She cannot claim not to
have known or understood the solemn duty she had to keep this report and its contents.
The very report from which she gave select portions to TMZ states on its front page
that transmission of the report is a criminal act. By giving only portions of the report to
TMZ, she prevented TMZ from knowing and understanding that release of the
information was a criminal act, but she also manipulated the data to underscore her
version of her universe: that she, and she alone, can decide what is right or wrong for
BH, and that Dwight is nothing but a checkbook.
10.

Reeds actions are nothing new, as she has demonstrated her systematic

and blatant disregard for BH's rights time and time again. Similarly, Reeds attorney has
made statements to the media about Dwight and other high-profile individuals seeking
to exploit sensitive family circumstances for economic and litigation advantages. Dwight
has no other recourse than to request this Court stop Reed and her attorneys exploitive
and damaging actions.
WHEREFORE Dwight D. Howard II respectfully requests this Court enter its
order (a) holding Reed in civil contempt and ordering a coercive fine in an amount to be
determined by the Court; (b) enjoining Reed from all communication with any media
outlet regarding the parties minor child; (c) enjoining Reed from using agents, including
her attorney, to take acts she herself is prohibited from taking on her own; (d) ordering
Reed to pay all attorneys fees and costs associated with having to bring this motion;
and (e) any other relief this Court deems appropriate.

CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on November 17, 2014 a true and correct copy of the
foregoing was furnished via the e-portal to Jane E. Carey, Attorney-at-Law, at Jane E.
Carey, P.A., Ashford-Gainer Building, 905 W. Colonial Drive, Orlando, FL 32804,
jane.e.carey@gmail.com, hhmorall@janeecarey.com, kseraaj@janeecarey.com and
kseraaj.pl@gmail.com.
/s/ Mayanne Downs_____________________
Mayanne Downs
Florida Bar No. 754900
Primary E-Mail:
mayanne.downs@gray-robinson.com
Secondary E-Mail:
april.stringer@gray-robinson.com
Nicole Park
Florida Bar No. 15874
Primary E-Mail:
nicole.park@gray-robinson.com
Secondary E-Mail:
alisha.cyrus@gray-robinson.com
GrayRobinson, P.A.
P.O. Box 3068
Orlando, FL 32802-3068
Telephone: 407-843-8880
Facsimile: 407-244-5690
and
C. Anthony Mulrain
Primary E-Mail:
amulrain@gordonrees.com
Secondary E-Mail:
dhasfal@gordonrees.com
GORDON & REES LLP
3455 Peachtree Road, Suite 1500
Atlanta, GA 30326
Telephone: (404) 869-9054
Facsimile: (678) 389-8457
Attorneys for Respondent/Father
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