Trump's Brother Says He'll Refile Lawsuit Against Niece's Tell-All Book in New York Supreme Court

Mary Trump's new book promises to be a "revelatory, authoritative portrait" of President Donald Trump and their family, her publisher says

From left: Robert Trump and Mary Trump. Photo: Dimitrios Kambouris/WireImage; Mary Trump/Twitter

President Donald Trump's brother, Robert, will refile a lawsuit against their niece Mary on Friday, his attorney tells PEOPLE, in an ongoing attempt to block her from releasing the highly anticipated tell-all about the president, 74, and his family.

Too Much and Never Enough, subtitled "How My Family Created the World’s Most Dangerous Man," is due out July 28, but the Trump family is in the midst of a legal attempt to block Mary's book from hitting shelves next month.

The tell-all promises to be a "revelatory, authoritative portrait of Donald J. Trump and the toxic family that made him," according to the publisher, but the president and his brother have claimed their niece can't publish the book because of a 2001 nondisclosure agreement concerning a past legal battle over her grandfather Fred Trump Sr.'s will, the original filing said. (The Trump patriarch died in 1999.)

A New York judge threw out Robert's first filing on Thursday, though, citing that the Queens County Surrogate Court — where Trump's brother Robert had filed the original lawsuit earlier this month — did not have jurisdiction over the matter.

A spokesperson for Simon & Schuster said the publisher was "delighted" about the judge's dismissal, in a statement Thursday. "We look forward to publishing Mary L. Trump’s Too Much and Never Enough, and are confident we will prevail should there be further efforts to stifle this publication," spokesperson Adam Rothberg said.

Mary's attorney also lauded the surrogate court's decision.

"The court has promptly and correctly held that it lacks jurisdiction to grant the Trump family's baseless request to suppress a book of utmost public importance and concern," attorney Theodore Boutrous Jr. said in a statement. "We hope this decision will end the matter."

But Thursday's ruling from Queens County Surrogate's Court Judge Peter Kelly did not end the matter, Robert's attorney, Charles Harder, tells PEOPLE.

"Robert Trump, Mary Trump and the other family members who settled in 2001, agreed to jurisdiction of future disputes in the Surrogate’s Court of Queens County, New York," Harder said in a statement. "This matter therefore was filed in that court."

Harder continued: "Yesterday afternoon, the Surrogate’s Court ruled that it does not have jurisdiction over the dispute. Therefore, Robert Trump will proceed with filing a new lawsuit today in the New York State Supreme Court."

Mary Trump. Mary L Trump/Twitter

The legal battle between the president's brother and his niece is the latest court dispute surrounding the release of a tell-all about President Trump this month.

Last week, the Trump administration tried and failed to block the release of a new tell-all written by the president's former National Security Advisor, John Bolton, in which he alleged a number of instances in which Trump put his political interests ahead of public interests.

Mary's book is expected to shine "a bright light on the dark history of their family in order to explain how her uncle became the man who now threatens the world’s health, economic security, and social fabric," according to Simon & Schuster, the book's publisher.

Simon & Schuster

In the original court filing, obtained by PEOPLE, Robert's attorney asked the court to stop Mary's book on the basis that the memoir violates the confidentiality agreement she signed with other immediate members of the Trump family.

President Trump also recently told the political website Axios that his niece was "not allowed to write a book" because of the 2001 agreement.

But Mary's attorney previously argued that "President Trump and his siblings are seeking to suppress a book that will discuss matters of utmost public importance" and voiced that concern again after Robert's initial filing was thrown out Thursday.

"Democracy thrives on the free exchange of ideas," Boutrous Jr. said, "and neither this court nor any other has authority to violate the Constitution by imposing a prior restraint on core political speech."