IN THE DISTRICT COURT OF
OF THE STATE OF FLORIDA, IN AND
FOR THE FIFTH JUDICIAL DISTRICT
CASE NO.: 5D11-2588 5D11-3036
MARK SCHMIDTER, and
STATE OF FLORIDA,
TO WITHDRAW AS COUNSEL FOR JULIAN HEICKLEN
COMES NOW the undersigned
attorney, ADAM H. SUDBURY, on behalf of himself
and SUDBURY LAW, PL, to renew his motion for leave of court to withdraw
from representing the Appellant, JULIAN P. HEICKLEN, in the
above-captioned matter. As grounds therefor, counsel states:
1. The undersigned currently
represents both Appellants, MARK E. SCHMIDTER and JULIAN P. HEICKLEN,
in the above-captioned matter. The two referenced case numbers are
consolidated for purposes of appeal.
2. The Appellant, JULIAN P.
HEICKLEN, has given notice to the undersigned attorney and to the Court
of his desire to proceed in forma
pauperis at this time. The Court previously denied a motion to
3. The undersigned appeared and
argued at oral argument for the Appellant, JULIAN P. HEICKLEN. However,
since the Court’s denial of this attorney’s first motion to
withdraw, the Appellant, JULIAN P. HEICKLEN, has made several threats,
including bar grievances and malpractice litigation, and has demanded
that the undersigned refuse to represent him further.
4. Accordingly, there is a fundamental
incompatibility in this attorney continuing in any manner as counsel of
record for HEICKLEN. Respectfully, at this time, the undersigned
requests an order of withdrawal as to HEICKLEN.
5. The undersigned counsel does not foresee any issue
arising in the case regarding the representation of Appellant SCHMIDTER.
6. Appellant HEICKLEN’s
contact information is as follows:
a. Mail: Rachel Immenu, 36
#2, Jerusalem, Israel 93228
7. Appellant HEICKLEN has previously
indicated by writing his willingness to accept service of all pleadings
and papers via e-mail due to his residence overseas.
b. E-Mail: firstname.lastname@example.org
WHEREFORE, the undersigned
respectfully requests that the Court grant the foregoing motion and
permit withdrawal from representing Plaintiff HEICKLEN in the
I CERTIFY that the undersigned has conferred with counsel
for the opposing party and represents that s/he: TAKES NO POSITION ON THE MOTION.
E-Mail Service Addresses:
SUDBURY LAW, PL
424 E Central Blvd # 307
Orlando, FL 32801-1923
P: (407) 395-4111
F: (407) 395-4023
By:/s/ ADAM H SUDBURY
ADAM H. SUDBURY
Florida Bar No. 783951