James Fishback, a 31-year-old Republican candidate seeking the party’s gubernatorial nomination in Florida, has been sued by Briana Whatley, a debate champion who claims she was not fully paid scholarship money she won through Incubate Debate, a competition league Fishback established.
Whatley won regional and national championships in the 2024 Incubate Debate competition, receiving a $10,000 check along with two $500 area awards. According to court filings reviewed by the Guardian, a letter from Incubate Foundation Inc promised payment in full on the day Whatley graduated high school in May last year. However, the lawsuit alleges the organization failed to deliver $8,000 of the promised funds. The filing claims Incubate Debate initially did not respond to Whatley’s inquiries about the money and later attempted to modify the payment terms.
According to the lawsuit, Fishback acknowledged the payment lapse in a November 2025 text message, telling Whatley he had “totally dropped the ball on this one” and requesting her banking information. He subsequently transferred $3,000 via Zelle in December. Text exchanges cited in the filing indicate Fishback claimed the employee who had written the original award letter had been terminated and asserted that installment payments were standard practice, despite no prior indication of such an arrangement. Communication between the parties reportedly ceased five months ago after Whatley questioned why a promised February 1 installment was not delivered.
Whatley filed the small claims court action in Broward County, seeking the outstanding $8,000 plus interest and legal costs. A pretrial conference is scheduled for September 9. Fishback responded to inquiries from the Guardian with a brief statement characterizing the matter as “an oversight” and stating “We are fixing it.”
Fishback is one of three candidates competing in the August 18 Republican primary for the gubernatorial nomination, challenging front-running U.S. Congressman Byron Donalds and Florida Lieutenant Governor Jay Collins. Earlier, a judge in Tallahassee ruled that Fishback met residency requirements despite owning a condominium in Washington DC that he designated as his primary residence in 2020.
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