STUART — A judge has permanently dismissed parts of a lawsuit against famed Stuart attorney Willie Gary on claims he raped a woman nearly two years ago at a Stuart hotel.

Martin Circuit Judge Elizabeth Metzger in a ruling filed today dismissed claims from attorneys for Jillian Nedd that Gary’s alleged assault on her was a part of an ongoing pattern of criminal activity in which Gary was supposed to have engaged in similar acts with other women.

Metzger first found that the alleged acts concerning the other women did not result in any injury to Nedd, so she could not rely on them for her claims. The judge further ruled that the other claims directly related to Nedd weren’t enough to hold up the lawsuit’s claims of racketeering.

Gary’s attorneys Michael Pike and Bob Critton described the ruling as a huge win for Gary.

“The judge made a ruling that consistent with the law within the state of Florida and the United States,” Pike said. “We’re thrilled with the outcome.”

Pike added that he and Critton intend to ask Metzger to force Nedd and her attorneys to award them more than $100,000 in attorneys fees and costs for both their firm and Gary.

Since Nedd accused Gary of rape in August 2007, the two filed criminal complaints against each other - Nedd for rape against Gary, Gary against Nedd, her husband and a friend for extortion. No criminal charges materialized in either case.

Metzger’s ruling precludes Nedd’s attorney from filing that portion of the lawsuit against Gary again. Several other claims in the lawsuit are still in dispute.

Jillian Nedd

Willie E. Gary

Attorneys for Jillian Nedd and Gary’s firm - Gary, Williams, Finney, Lewis, Watson and Speranado - argued over whether the case should be dismissed for the fourth time earlier this month before Judge Elizabeth Metzger.

Judges three times in the past have thrown out the suit but given Nedd’s attorneys Linda Capobianco, Jerome Stone and Mark Johnson permission to refile the suit with more specific information.

Metzger in her ruling wrote that Nedd’s attorneys did not have a viable claim under the part of their suit that alleged Gary committed the acts while he was employed to “further a purpose of interest, however excessive or misguided, of the employer.”

The judge, however, did allow Nedd’s attorneys to continue to pursue the lawsuit on the allegations that the firm was negligent in not trying to control or prevent Gary’s alleged actions.

Nedd in the summer of 2007 accused Gary of raping her at a Stuart hotel. Gary said the sex was consensual. Police at the end of a criminal investigation did not bring charges against Gary.

Authorities also did not seek charges against Nedd on accusations from Gary that Nedd, her husband and one of their friends used the rape allegations to extort $20 million from him.