Texas judge says florist case must be tried in New York
A Houston man sent a bouquet of roses to his girlfriend, and then sued the florist for letting his wife find out. But a federal judge in Texas dismissed the case on Oct. 15, leaving the man with the option to refile his suit in another state.
U.S. District Judge Nancy Atlas of the Southern District of Texas dismissed the suit by Leroy Greer of Houston against 1-800-flowers.com. Atlas said Greer can refile in New York where the florist is located.
Greer filed the federal suit against 1-800-flowers.com in August in the Southern District of Texas. His complaint alleged that in April he called and ordered long-stemmed red roses and a stuffed animal for his girlfriend. Greer claims he was promised that the florist would send nothing to his home regarding the transaction.
But 1-800-flowers.com sent a discount coupon and a thank-you card to Greer's house, where it was seen by Greer's wife. The couple is separated and has had a divorce pending in Fort Bend County since 2005.
When Mrs. Greer saw the card, she called the florist and was faxed a copy of the receipt, which contained the name of the woman that Greer was seeing.
She also saw the message on the card that accompanied the flowers: "Just wanted to say that I love you and you mean the world to me! Leroy."
Greer's wife then faxed the copy of the receipt to him at work and included her own note: "Be a man! If you got caught red handed then don't still lie."