by: Erica Bennett Updated:
JACKSONVILLE, Fla. - It's a battle that seems never-ending to Larry Murphree.
"They come after me. Why didn't you pay your dues?' Then I have to explain to them: it's automatic. Why am I delinquent? They diverted the funds," he said.
Since his lien notice in June, Murphree's been on "Fox and Friends" and gained support nationwide. Now, Sweetwater by Del Web Master Homeowner's Association is suing.
"The first count is requesting an injunction to stop him from talking to the media and other public sources.
The second is for breach of contract regarding the previous settlement," Murphree's attorney Gust Sarris said.
In our last story, we shared the HOA's statement -- claiming the delinquent dues had nothing to do with the American flag.
An email correspondence from May 29 says different. It states: of the $7,680 Murphree owes, $4,699.50 of that is associated with the fees on the flag dispute.
"As long as he's telling the truth, then that is a clear defense to any allegation of fraud or deception or disparagement," Action News law and safety expert Dale Carson said.
Murphree said despite the bickering, he'll press on for what he believes is his patriotic right. "This guy in the parade stopped and looked at me, walked over and said, 'Thank you for what you're doing. continue to fight.' I promised I would and I will," he said.
On Thursday, Judge Gregg McCaulie threw out an emergency hearing in the case, ruling the complaint didn't set any "basis for the Court to consider this matter as an emergency," or show immediate and irreparable injury, loss or damage.
Murphree and his attorney tell Action News they still plan on filing a counter complaint.
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