IN THE DISTRICT COURT OF APPEAL
OF THE STATE OF FLORIDA, IN AND
FOR THE FIFTH JUDICIAL DISTRICT

CASE NO.: 5D11-2588 5D11-3036

MARK SCHMIDTER, and
JULIAN HEICKLEN,
Appellants

v.

STATE OF FLORIDA,

Appellee.


RENEWED MOTION 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 withdraw.

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
b. E-Mail: jph13@psu.edu

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.

    WHEREFORE, the undersigned respectfully requests that the Court grant the foregoing motion and permit withdrawal from representing Plaintiff HEICKLEN in the above-captioned matter.

CERTIFICATE OF GOOD FAITH

        I CERTIFY that the undersigned has conferred with counsel
for the opposing party and represents that s/he: TAKES NO POSITION ON THE MOTION.

Dated: December 5, 2012
E-Mail Service Addresses:
Primary: inbox@sudburylaw.net
Secondary: adam@sudburylaw.net


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