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In what might be the highest-stakes debate of her young career, a recent Miramar High School alumna is taking on Florida gubernatorial candidate James Fishback in court.
Briana Whatley claims Fishback’s non-profit Incubate Foundation Inc. failed to pay her about $8,000 in scholarship winnings from championship debates and other awards promised in 2023 and 2024, according to the lawsuit. Fishback, a fellow Broward County native, has attracted attention (often through contention) on the campaign trail to secure Florida’s Republican nomination in the primary Aug. 18.
In fact, this lawsuit was filed on the same day (July 27) that a Leon County judge ruled Fishback is eligible to run after another candidate filed a lawsuit to remove him from the ballot.
While this lawsuit (attached below) has no apparent direct ties to his campaign, it adds to the list of controversies surrounding Fishback’s Incubate Foundation, including the allegation he dated a minor he met through the organization, which he previously denied to New Times. The foundation, which Fishback launched in 2019, hosts debates for middle- and high-school-aged students.
The lawsuit also comes as Fishback faces separate legal and financial troubles. In an unrelated federal case involving his former employer, Greenlight Capital, a judge earlier this year ordered him to turn over stock and other assets to help satisfy a judgment of roughly $229,000.
Fishback didn’t respond to calls seeking comment by the time of publication.
The lawsuit argues that Whatley was a “highly successful competitive debater” in Fishback’s arena, where he “personally induced plaintiff to attend tournaments and maintain high-level performance by utilizing the promise of substantial academic scholarships, as well as a direct incentive.”
“Relying directly on the personal inducement, promises, and financial representations made by defendant, James T. Fishback — who would personally contact the plaintiff through calls and texts encouraging her to remain active in the organization, participate at tournaments, and take on leadership roles in the organization — plaintiff expended significant time, effort, and resources to prepare for, attend, and compete in the organization’s regional and national circuits,” the suit reads.
Specifically, Whatley’s awards included: $500 for winning Incubate South Incubator of the Year in 2023, $500 for winning Incubate Southeast Champion 2024, and $10,000 for winning the Incubate Debate National Championship 2024, all of which was promised in the form of scholarships to be received upon her graduation in May 2025. But according to the lawsuit, Fishback paid only $3,000 in December 2025, after months of dodging phone calls and texts from Whatley.
Despite the setback, Whatley appears to be a student at Florida State University and a legal intern for Democrat Allen Spence’s campaign for Florida’s 17th Congressional District, according to LinkedIn.
Neither Whatley nor her attorneys responded to an emailed request for comment by the time of publication.
