Upload
others
View
1
Download
0
Embed Size (px)
Citation preview
THE FLORIDA BAR 651 EAST JEFFERSON STREET
JOHN F HARKNESS JR TALLAHASSEE FL 32399-2300 850561-5600 EXECUTIVE DIRECTOR WWWFLORIDABARORG
December 16 2008
Mr Neil J Gillespie 8092 SW 115th Loop Ocala Florida 34481
Re Public Records Request Related To Lawyer Referral
Dear Mr Gillespie
This is a follow-up to your public records request of November 24 2008 I am responding pursuant to Rule 2420 of the Rules of Judicial Administration You made the following requests
1 A copy of any Menlbership Application(s) submitted by Mr Bauer to the Service The records are enclosed
2 Evidence of his required $100000 professional liability insurance The records are enclosed
3 All of Mr Bauers Monthly Lawyer Referral Service Reports since February 26 2007 I have been infonned by the Lawyer Referral Service that it is the practice of the service to destroy the Monthly Lawyer Referral Service Reports once the relevant infonnation is entered into the seryices database I have the database report available for you The names of other clients have been redacted but all other infonnation is available for your review
4 Evidence that Mr Bauer submitted 12 of the attorneys fees he received from me The Florida Bar has no records that meet this request
5 Any other documents not included above between Mr Bauer and the Service The records are enclosed
There is no charge for these records
Mary EI e Bateman Division Director
05222008 0844 FAX 8505615818 THE FLORIDA BAR laJ 011
(Page 1 of 21 Please keep a The Florida Bar Lawyer Referral Servicecop1 of this application for your records Membership Application
The Florida Bar Lawyer Referral Service bull 661 East Jefferson Street bull Tallahassee Florida 32398middot2300
8001342-8060 extension 6807 6118 or 5810
Nauae c1Mr ~Ms) ~~ W ~ ( Florida Bar Attorney Number - 058 Firm NaJJ1e -Lol JJ ~ -amp6tcri-lJ frn amp) e B_~--- _ OffieeMai1ingAddreampsmiddotL8I~ N LV )O-rh ~wfeT gt5lJrte zcoE CitylStatelZip fa a Ib~ k f~ 32ulQg Pholleif)S-Z ) 35- 5L100 ~~-~b~lDI~~I__(~~~~ ~__~
bull Please irulicale the area ofDade County ill which ~our ofiee is loshycate 0- JamJ~ out lcyenmroMlliJi~Miami Beach Miami Beach Dowtown Hialeah C ral Gables Homeshystead Perri_e KeJUlall Cutler Ridge etc) --------- - pJ~~~~~
Axe there or have there ever been in this state or elsewhere any felony co middotctioos disbarJnents suspensions or disciplinary actions a middot st you
D yes no (If the answer is YESt please give details on a separate sheet)
Are you eelfied by The Florida Bar in any area of law [] yes WIno (please specify) -- _
Other current professional degrees or licBllses _
Other states in which you are currently admitted to practice
Other countries in which you are OUlr8utly admitted to practice ---shy
Other Florida counties from which you will handle cases
~l~1f~I~~gt~=~ ipoundllltr~( eutr(lrQ J tV( (Q] 1 Qnu~
ju rmer (lac SCf) J N1 ltarYh l-tl WIU you take cases statewid ~yes- [] no
Will you make jail calls rI yes [] ny Do you know sip language [J yes Mno
Does anyone on your staff know sign language Ifyes [] ~o
Foreign languages spoken by you-00------- shyForeign languages epokeQ by your staff _
rcertify that lam C1lTently competent to practice in the areas oflaw which I have indicated Under penalty ofperjury I hereby swear and affinn that I have pead and agree to abide by the roles and regulatioIlS of The Florida Bar Lawyer Referral Sershyvice Enclosed is my check for $125 (made payable to The Florida Bar) for the annual membership fea and a copy of the current face sheetJdeclarations page of my professiol1al liability ins11lshyancepolic~
I certify that I currently have professional liability insurance with limits not less than $100000 and will continue to carry professional liability insurance with limits not less than $1001000 as long 86 I am a member of The Florida Bar Lawyer Referral Service I agree to remit to the Service 12 oCany attorneys fees due me fOf services performed in connection with any Regular Panel cases (Bankruptcy and Social Security cases are Qxe~pt)
I agree to charge no more than $2500 for the initial half-hour oftire consultation I lndentand that this application is made only on (tJy behalf and not on behalf of my firm or any of my associates Accordshyingly I agree that the initial consultation il1 connection with any refeITed matte~ will be with me peksOnally I W1dentand that
th ittfotnlation contained herein may be furnished to people who seek assi$tance from the Senriee and that the Service in so doshying will be relying on the representations which I have made herein I agree to abide by all of the rules of the Service and indemnify and hold harmless The Florida Bar and 8111 ofits officers memshybers or employees from any and all claims demands aetions lishyability or losB which mayen-arise from or be incuned a8 a result of the operation of the Berriec or re(~ or clients through the Service or by my failureto ~mply with anypro~~oftbe ~es _ of the Service or use ofiliformation contained in the application
I auderstand that the S~ce may~eyclient ref~me
~~- _middot~2~C
Please mtJU tlu etllIampplerlaquol tJpicotio you $12500 eheek aml CI eon ofYDur carNAlpro(etJrioRGllia6ilshylfy ~edectlGraliollll ZHJ6e M
The Flarida ar LaW7er Referral Service 861 EQt feftenoll Street Tallahassee Florida 31399-2300
bullbull
I
05222008 0845 FAX 8505615818 THE FLORIDA BAR lal 012
IPage2 of 21CATEGORIES OF LAW Please Indicate below ea~h area or law for whleh you requDSl referrals ad In which you an cutre-tly competent experienced and trlllned to practice (please limit it to DO molS than 56 areas of law)
OPTIONAl PANELS OnlON6LPANELS
Regular Low Regular Lowpavel Fee Pel Pee ElderlyElderly
[)M[NISTItAT1VEIGOVERNMENT REAL PROPERTY
Admlnlstrtlve (OJ) 0 LI CondomitlbJm Law (61) fr$ D~L] o Dept of ChUdrcn and Families Legal Mattcf$ Eminent OomainlCondernnation (62) c (AFDC Foster Care Child Abuse Homeowners AssoclBtlon (63] o
[jWelrare~ etc) (02) o o [J Landlordflenant (64)
LicenSing (03) IJ [J o Please spccitY either landIDId or tenant ~ M~tcarelMcdlceld (04) [j o CJ Mobile Home Law (65) [J o MtUtaryNeter~nmiddots BenefifS (05) o CJ I] Mortgage Foreclosure (66) Cl o School LawEducation (06) o o o Real Estate (Ceneral _ Purchase T
Social Security (07) o CJ o Sale Dr Ptope~ Contracts etc) (67) lit o o SOCial Security DlsabiUty (98) o I] Cl ZontngILend Use (89) 0 D (J
Workers Compensation - Fcdef(l1 (08J o CJ tJ Warke Compel1$atton - St~te (09) Cl o TORTS (REFERRALS ON RECULAR PANEL ONl~) Unemployment Compensation (99) o [JV Dental Malpractite (70) 0
Fraud (71) 0 UVSI~ESS It Legal Malpractice (72) g
Anu-TfJst (11) o cl
~
o Libel and Stender (73) Q Bankruptcy ~ Corporate (I 2) tJ D MedlcI Ma1pr~~ (74) 0 8usifless (Contra~ts etc) (I 3) ~ L] o Other Malpreftlce (75) 0
I Collections (14) D [J Please specify types of oth~t malpractice f Commeretal Litigation (15) lI o
CopyrighLSfIrademarks (16) D ofI Franchlse Law (l) o o o PI- Defense (76) Ptents (8) o o c PI- Plaintiff (77)I Secutiues (1 g) c CJ o Produets LlabUJty (78) I Property Damage (19)
Autmnobile ACCidents (80)I ( ONSCITUTI01AL LAI1NDl~DUALRIC I Fltst Amendment Issues (20) o D wQLSIPROBATE
Baker Act (22) o cJf CivU Rights - Ceferal (25) ~ o o Wills (81) C1 o o
I t Age Diserlmlnation o CJ cJ Cuardianship (83] [J o []
b RacialEthnic Dlscrimination c o o [J o oLivila Trusts (84)I Uvlng Will (85) o [J cJc Gender Discrimination o tI oI Probate (86) c LI [JPlease petit other elvil rlghl$ areas [J [J CISlmple Wills (81) I TrustsIEstateslEstate Planning (88) CJ I] IJ
I Amelican$ With DJsablUtles Act (ADA) (2G) [J CI L] Flse ArrestIPolice Brutality (27) [J Cl ItISClLLANEOV$I i-Iara$Sment (28) ~ o L1 Admiralty (10l) g D LI
1 Sexual Hstassment (29) o o [J Appeals - Clvll (102) ~ 0 ClI Appeals - Criminal (103) V [J C1
Agritulture (l04) IT [j (JI CtJNSlJMpoundR Aviation Law (l05) ~ D o
deg Consumer Collectiol1$ (31) o o Health Law (106) lJf cJ oConqmer Con$truttion Law (101) rY 0 tJ(Ceneral - Contracts Warnntles etc) (32) ~ o o []Customs (I08) ~ 0Bafklng Law (33) LI o o Entertainment nd Sports Law (lOg) ~V 0 oConsumer CredltIRepossessionsJ I]Environmental Law (110) II(~ [JGarnlshmpoundlf (34) V o o General Practice (111) 1 0 [J
nsuranee Law (36 o euroI o Elder Law (112) LI tJ CJLemon Law (37) [] LI o Immigration Law (113) CJ [] tJPersonal Bankruptcy (38) o o [J
J~WnatJDnal Law n14) lJ - 0 Q~ Labor Law (115) IJ 0 o
l1~111INAL Please peclfy either empJ07R or empJqen _
OUI (41) Cl o I-elony (42) I] LJ Pension Law (116) 0 0 Cl Domestic Violence (43) o CJ Personal Propert) (9n I] 00 tJ Q Juvenile Criminal (~4) cJ o Taxation (118) IJ C i~ J)o( j M
tJ [J Anlm~l Law (119) [] Q ~-- Cl Trame InrractonsILlcelse Suspensions (48) Mlsdemeanor (48)
C I]
PeroleJProbauon (49) CJ tI I wiU pro~de a FREE cofl$Idtatlon in ~~e fol~C~ing~~~~tr~5~middot
imiddot ~fll LA ~
[j -Cl AdopltOf (S t) Family Law - General (50)
Cl o Other categories not eovered above -----__~__I
Child CustodyNlsltstion (53) D CJ Child Support (54) o o
o CJ Guardianhp (56) Otssolu[ioi1lSeparationlAflnulmBnt (55)
CJ [J AEeBS or Special Interestexpertise ----- shyo oJuvenile - Miscellaneous (57) Il (J
Paumity (59) Name Clnlf1~ (58)
o c
IOltjgt~gtblgttjltj
Robert w ampuer Esq TiUlya M Uhl Esq
ROBERTW BAUER PA 2815 NW 13th Street Suite 200 GaiJ1esville PL 32609
wwwbauerlegalcom
Phone (352)i75S960 Fax (351)337~2518
TO Nicole
CC
FAX NUMBER
FROM
850-561-5818
Robert w Bauer Esquire l )S ~ (~~
~V0 DATE 06-06-08
RE Insurance Information NO PAGEScOVER SHEET 3 1Z
Nicole
I have received my insurance information from the Insurance company for myself and Mr Bauer Please add me to the Florida Bar Referral Service and update Mr Bauer Thank you so much for your time
Sincerely
Tanya M Uhl Esq
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
racJeiiCOoJ UIi7~O-C~~o ~J - tJgt r r UIIIshy
THE INfORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTlAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INlENDED RECIPIENT YOU ARE HE~eBY NOTIFIED THAT N4Y DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION 18 STRICTLY PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE THANK yOU
V UIt-tJO-CtJ~O tJ= tJJ r r UIII 10 JO~IQ~OJ~OJO
E=-S2elaS 14 48 GllsbAI I no Gi 1sbar Inc D 24
~NAmiddot Continental Casualty Company
CNAPLAZA CHICAGO ILLINOIS 60686
LAWYERS PROFESSIONAL LIABILITY
REViSED ATTORNEY SCHEDULE
Policy Number 287092907 Endorselnent Effective Dat 51912008
Name of Each Lawyer Robert W Bauer Tanya M Uhl
ATTYSCHED Page 1
JUN-0S-2008 1547 FromGilsbar Inc 1D
~UN-~b-C~~~ ~~~~
652008 1448 ~rom
Gi15b~r Inc Gilsbar Inc IOltSgt~gtblgttSltS
~NAmiddotmiddot Continental Casualty CllmJ1lln~
CNAPllAZA (~HICAG(Jt ILLINUIS 60685
LWYERS PROFFsSTONAT~lJABIIITY IIULIl~Y
NAMI~I) JNIJ(VIDUAL RElROACTIVEDATE ENDORSEMENT
It i~ undersLood and agreed that no coverage is afforded under this Policy for any clahn~ by reason of an act or ODlissiOll
in the rendering of legal s~ic~ by Tanya M lJhl that ncculTcd prior Lo 05191008 Nor is coverage afforded under this Policy for any claims by roaSOl1 of 14latcd acts ur ulnissiuns to oCuch HelM Or umlHsions lhal uccurred prior to the ahove specified date
All other pruviMinnR or thi s Policy remain unchanged
POLICY NO187092907
THIS ENDORSEMENT FORMS A PART OF THF AROVP RFFFRFNCRn POLI(V ANn TAKES UJlEcr ON lHE EFlECTIVB DATE AND IIOUR OF SAID POLICY Ut-lJ~~~
ANOlllRR FPPPCTtVP DATP fR SHt1WN JUILOW ANU ~XltR~ tCJttoIClIIUtKNTLY WiTH SAID FOLleY
ISSlJPD TO HP I AV OPPJCE OF ROBERT V BALTE~ EFF~ClV~ DATE
I1 OF THIS JrNnO~SPMJrNT 1151191UU~
Complete only when Ihis Endorsement is not prepa1ed With tJu~ Policy or JK nat to b~ lflictiv( wIth the Policy
CounLtTsigned by AUTH01UZtW lUW1USKNTA TJVH
U-118024-A (lid 09196) P~t 1 ufl
JUN-05-2008 1547 From Gi lsbar Inc 10
V UIi-tJO-CtJtJO tJJ tJ)
652008 1448
r r Will
GtlsbA~ Ino Gilsbar Inc
I 0 lonagtOlgtOLO
~ 414
~NA Continental Casualty Company
333 S Wabash Ave Chicago IL 60604
(800) 221-8201
LAWYERS PROFESSIONAL LIABILITY
POLICY CHANGES ENDORSEMENT
It is understood and agreed that the poltcy Is am ended as foIIQWS~
Premiun Adjulitmfint The fallowing appJie6
Additional PlemiullI in the anlOWll of $ 000 TotAl SurehilKc~ $ 000 Total Taxes
I Iotal Additional Amouut $ 000 $ 000 I
Added attorney Tanya M Uhl effective 05192008
All other provisions of this Polioy remain unohanged
This endorsement which forms a part of and is for attachn1ent to the Poticy issued by the designated Insurers takes effect on the effective date of said Poticy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below
l- IS ~ By Authorized Representative Tshy(No signature is required if issued with the Policy or If it is effective on the Policy Effective Date)
Gmiddot141246A (901) Page 1 Continental Casualty Com pany
Policy No Endorsement No
Effective DAte
287092907 3 05192008
JUN-es-200e 1547 FromGilsbar Inc 10
uUIi-~O-c~~tj ~~gt r-rom
6S2B08 1448 Gilsbar Inc Gilsbar Inca
~GILSBARPRO Take aMinute Go Pro
FACSIMILE TRANSMlnAL SHEET
To Mr Bauer From Jill Cowans
PhoneCompany 985-871-1894
Number Fax
Fax Number 352-337-251 8 985-898-1761Number
No Pages ThursdaY1 June 05 2008including cover 4 Time 0248PMsheet
Re New Attorney Endorsement
NotesComments
GII~bar Specialty InStJrance SerVices ~~( A member or the Gil~bor Grovp or Compolios
pO Box 998 bull Covington LI 70434 bull Telephone 85-82lt~52() bull fOx~ 955-090-) 7(d
ToU Free 1-100-906 -90S4 bull F8X~ 1-8 K8-641 -744 bull W~YnUgQ]lLQG~n1
----------------__ _-_
By authority Of 47 USC 227 as per 2005 amendment the intended recipient of this fax maYr at no cost and at any time of day or night of the week request the sender of this fax not to send any future unsolicited advertisements to the fax numbers(s) listed above by calling 1middot800-445middot7227 and then pressing O by faxing to GHsbarls fax number listed abovea or bye-mailing optoutgil1bar(om Failure of sender to comply within the shortest reasonabte time wittl such a request shall be unlawful In order for your fax numbers to be removed (r) your request must identify your telephone or flilX number3(s) to which your request relates (ii) your request must be made to the telephone or fax number of the sender Of by any other method of commllnialOti to be delermined by the FCC and (ill) you have not subsoquont to such request provided expre$$ inVlwtlon or permrssion to the sender in writing or otherwise to send such advertisement to such porson at suoh telephone 1ex machine
CONFIDENTIALITY NOTICE This fax transmission and any accompanying documents is solely for the use of tho intended recipient and miY contain information that is privileged confidential or otherwise exempt from disclosure under appficable law U you are not the intended recipient you are hereby notified that any disdosures copying distribution or action taken or omitted in reliance on it is strictly prohibited If you received this informittion in error please notify tho sonder immediately and shred the orjginal transmisston Thank you
JUN-0S-2008 1547 FromGi lsbar Inc IO P~g~001 R=93
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
05222008 0844 FAX 8505615818 THE FLORIDA BAR laJ 011
(Page 1 of 21 Please keep a The Florida Bar Lawyer Referral Servicecop1 of this application for your records Membership Application
The Florida Bar Lawyer Referral Service bull 661 East Jefferson Street bull Tallahassee Florida 32398middot2300
8001342-8060 extension 6807 6118 or 5810
Nauae c1Mr ~Ms) ~~ W ~ ( Florida Bar Attorney Number - 058 Firm NaJJ1e -Lol JJ ~ -amp6tcri-lJ frn amp) e B_~--- _ OffieeMai1ingAddreampsmiddotL8I~ N LV )O-rh ~wfeT gt5lJrte zcoE CitylStatelZip fa a Ib~ k f~ 32ulQg Pholleif)S-Z ) 35- 5L100 ~~-~b~lDI~~I__(~~~~ ~__~
bull Please irulicale the area ofDade County ill which ~our ofiee is loshycate 0- JamJ~ out lcyenmroMlliJi~Miami Beach Miami Beach Dowtown Hialeah C ral Gables Homeshystead Perri_e KeJUlall Cutler Ridge etc) --------- - pJ~~~~~
Axe there or have there ever been in this state or elsewhere any felony co middotctioos disbarJnents suspensions or disciplinary actions a middot st you
D yes no (If the answer is YESt please give details on a separate sheet)
Are you eelfied by The Florida Bar in any area of law [] yes WIno (please specify) -- _
Other current professional degrees or licBllses _
Other states in which you are currently admitted to practice
Other countries in which you are OUlr8utly admitted to practice ---shy
Other Florida counties from which you will handle cases
~l~1f~I~~gt~=~ ipoundllltr~( eutr(lrQ J tV( (Q] 1 Qnu~
ju rmer (lac SCf) J N1 ltarYh l-tl WIU you take cases statewid ~yes- [] no
Will you make jail calls rI yes [] ny Do you know sip language [J yes Mno
Does anyone on your staff know sign language Ifyes [] ~o
Foreign languages spoken by you-00------- shyForeign languages epokeQ by your staff _
rcertify that lam C1lTently competent to practice in the areas oflaw which I have indicated Under penalty ofperjury I hereby swear and affinn that I have pead and agree to abide by the roles and regulatioIlS of The Florida Bar Lawyer Referral Sershyvice Enclosed is my check for $125 (made payable to The Florida Bar) for the annual membership fea and a copy of the current face sheetJdeclarations page of my professiol1al liability ins11lshyancepolic~
I certify that I currently have professional liability insurance with limits not less than $100000 and will continue to carry professional liability insurance with limits not less than $1001000 as long 86 I am a member of The Florida Bar Lawyer Referral Service I agree to remit to the Service 12 oCany attorneys fees due me fOf services performed in connection with any Regular Panel cases (Bankruptcy and Social Security cases are Qxe~pt)
I agree to charge no more than $2500 for the initial half-hour oftire consultation I lndentand that this application is made only on (tJy behalf and not on behalf of my firm or any of my associates Accordshyingly I agree that the initial consultation il1 connection with any refeITed matte~ will be with me peksOnally I W1dentand that
th ittfotnlation contained herein may be furnished to people who seek assi$tance from the Senriee and that the Service in so doshying will be relying on the representations which I have made herein I agree to abide by all of the rules of the Service and indemnify and hold harmless The Florida Bar and 8111 ofits officers memshybers or employees from any and all claims demands aetions lishyability or losB which mayen-arise from or be incuned a8 a result of the operation of the Berriec or re(~ or clients through the Service or by my failureto ~mply with anypro~~oftbe ~es _ of the Service or use ofiliformation contained in the application
I auderstand that the S~ce may~eyclient ref~me
~~- _middot~2~C
Please mtJU tlu etllIampplerlaquol tJpicotio you $12500 eheek aml CI eon ofYDur carNAlpro(etJrioRGllia6ilshylfy ~edectlGraliollll ZHJ6e M
The Flarida ar LaW7er Referral Service 861 EQt feftenoll Street Tallahassee Florida 31399-2300
bullbull
I
05222008 0845 FAX 8505615818 THE FLORIDA BAR lal 012
IPage2 of 21CATEGORIES OF LAW Please Indicate below ea~h area or law for whleh you requDSl referrals ad In which you an cutre-tly competent experienced and trlllned to practice (please limit it to DO molS than 56 areas of law)
OPTIONAl PANELS OnlON6LPANELS
Regular Low Regular Lowpavel Fee Pel Pee ElderlyElderly
[)M[NISTItAT1VEIGOVERNMENT REAL PROPERTY
Admlnlstrtlve (OJ) 0 LI CondomitlbJm Law (61) fr$ D~L] o Dept of ChUdrcn and Families Legal Mattcf$ Eminent OomainlCondernnation (62) c (AFDC Foster Care Child Abuse Homeowners AssoclBtlon (63] o
[jWelrare~ etc) (02) o o [J Landlordflenant (64)
LicenSing (03) IJ [J o Please spccitY either landIDId or tenant ~ M~tcarelMcdlceld (04) [j o CJ Mobile Home Law (65) [J o MtUtaryNeter~nmiddots BenefifS (05) o CJ I] Mortgage Foreclosure (66) Cl o School LawEducation (06) o o o Real Estate (Ceneral _ Purchase T
Social Security (07) o CJ o Sale Dr Ptope~ Contracts etc) (67) lit o o SOCial Security DlsabiUty (98) o I] Cl ZontngILend Use (89) 0 D (J
Workers Compensation - Fcdef(l1 (08J o CJ tJ Warke Compel1$atton - St~te (09) Cl o TORTS (REFERRALS ON RECULAR PANEL ONl~) Unemployment Compensation (99) o [JV Dental Malpractite (70) 0
Fraud (71) 0 UVSI~ESS It Legal Malpractice (72) g
Anu-TfJst (11) o cl
~
o Libel and Stender (73) Q Bankruptcy ~ Corporate (I 2) tJ D MedlcI Ma1pr~~ (74) 0 8usifless (Contra~ts etc) (I 3) ~ L] o Other Malpreftlce (75) 0
I Collections (14) D [J Please specify types of oth~t malpractice f Commeretal Litigation (15) lI o
CopyrighLSfIrademarks (16) D ofI Franchlse Law (l) o o o PI- Defense (76) Ptents (8) o o c PI- Plaintiff (77)I Secutiues (1 g) c CJ o Produets LlabUJty (78) I Property Damage (19)
Autmnobile ACCidents (80)I ( ONSCITUTI01AL LAI1NDl~DUALRIC I Fltst Amendment Issues (20) o D wQLSIPROBATE
Baker Act (22) o cJf CivU Rights - Ceferal (25) ~ o o Wills (81) C1 o o
I t Age Diserlmlnation o CJ cJ Cuardianship (83] [J o []
b RacialEthnic Dlscrimination c o o [J o oLivila Trusts (84)I Uvlng Will (85) o [J cJc Gender Discrimination o tI oI Probate (86) c LI [JPlease petit other elvil rlghl$ areas [J [J CISlmple Wills (81) I TrustsIEstateslEstate Planning (88) CJ I] IJ
I Amelican$ With DJsablUtles Act (ADA) (2G) [J CI L] Flse ArrestIPolice Brutality (27) [J Cl ItISClLLANEOV$I i-Iara$Sment (28) ~ o L1 Admiralty (10l) g D LI
1 Sexual Hstassment (29) o o [J Appeals - Clvll (102) ~ 0 ClI Appeals - Criminal (103) V [J C1
Agritulture (l04) IT [j (JI CtJNSlJMpoundR Aviation Law (l05) ~ D o
deg Consumer Collectiol1$ (31) o o Health Law (106) lJf cJ oConqmer Con$truttion Law (101) rY 0 tJ(Ceneral - Contracts Warnntles etc) (32) ~ o o []Customs (I08) ~ 0Bafklng Law (33) LI o o Entertainment nd Sports Law (lOg) ~V 0 oConsumer CredltIRepossessionsJ I]Environmental Law (110) II(~ [JGarnlshmpoundlf (34) V o o General Practice (111) 1 0 [J
nsuranee Law (36 o euroI o Elder Law (112) LI tJ CJLemon Law (37) [] LI o Immigration Law (113) CJ [] tJPersonal Bankruptcy (38) o o [J
J~WnatJDnal Law n14) lJ - 0 Q~ Labor Law (115) IJ 0 o
l1~111INAL Please peclfy either empJ07R or empJqen _
OUI (41) Cl o I-elony (42) I] LJ Pension Law (116) 0 0 Cl Domestic Violence (43) o CJ Personal Propert) (9n I] 00 tJ Q Juvenile Criminal (~4) cJ o Taxation (118) IJ C i~ J)o( j M
tJ [J Anlm~l Law (119) [] Q ~-- Cl Trame InrractonsILlcelse Suspensions (48) Mlsdemeanor (48)
C I]
PeroleJProbauon (49) CJ tI I wiU pro~de a FREE cofl$Idtatlon in ~~e fol~C~ing~~~~tr~5~middot
imiddot ~fll LA ~
[j -Cl AdopltOf (S t) Family Law - General (50)
Cl o Other categories not eovered above -----__~__I
Child CustodyNlsltstion (53) D CJ Child Support (54) o o
o CJ Guardianhp (56) Otssolu[ioi1lSeparationlAflnulmBnt (55)
CJ [J AEeBS or Special Interestexpertise ----- shyo oJuvenile - Miscellaneous (57) Il (J
Paumity (59) Name Clnlf1~ (58)
o c
IOltjgt~gtblgttjltj
Robert w ampuer Esq TiUlya M Uhl Esq
ROBERTW BAUER PA 2815 NW 13th Street Suite 200 GaiJ1esville PL 32609
wwwbauerlegalcom
Phone (352)i75S960 Fax (351)337~2518
TO Nicole
CC
FAX NUMBER
FROM
850-561-5818
Robert w Bauer Esquire l )S ~ (~~
~V0 DATE 06-06-08
RE Insurance Information NO PAGEScOVER SHEET 3 1Z
Nicole
I have received my insurance information from the Insurance company for myself and Mr Bauer Please add me to the Florida Bar Referral Service and update Mr Bauer Thank you so much for your time
Sincerely
Tanya M Uhl Esq
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
racJeiiCOoJ UIi7~O-C~~o ~J - tJgt r r UIIIshy
THE INfORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTlAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INlENDED RECIPIENT YOU ARE HE~eBY NOTIFIED THAT N4Y DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION 18 STRICTLY PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE THANK yOU
V UIt-tJO-CtJ~O tJ= tJJ r r UIII 10 JO~IQ~OJ~OJO
E=-S2elaS 14 48 GllsbAI I no Gi 1sbar Inc D 24
~NAmiddot Continental Casualty Company
CNAPLAZA CHICAGO ILLINOIS 60686
LAWYERS PROFESSIONAL LIABILITY
REViSED ATTORNEY SCHEDULE
Policy Number 287092907 Endorselnent Effective Dat 51912008
Name of Each Lawyer Robert W Bauer Tanya M Uhl
ATTYSCHED Page 1
JUN-0S-2008 1547 FromGilsbar Inc 1D
~UN-~b-C~~~ ~~~~
652008 1448 ~rom
Gi15b~r Inc Gilsbar Inc IOltSgt~gtblgttSltS
~NAmiddotmiddot Continental Casualty CllmJ1lln~
CNAPllAZA (~HICAG(Jt ILLINUIS 60685
LWYERS PROFFsSTONAT~lJABIIITY IIULIl~Y
NAMI~I) JNIJ(VIDUAL RElROACTIVEDATE ENDORSEMENT
It i~ undersLood and agreed that no coverage is afforded under this Policy for any clahn~ by reason of an act or ODlissiOll
in the rendering of legal s~ic~ by Tanya M lJhl that ncculTcd prior Lo 05191008 Nor is coverage afforded under this Policy for any claims by roaSOl1 of 14latcd acts ur ulnissiuns to oCuch HelM Or umlHsions lhal uccurred prior to the ahove specified date
All other pruviMinnR or thi s Policy remain unchanged
POLICY NO187092907
THIS ENDORSEMENT FORMS A PART OF THF AROVP RFFFRFNCRn POLI(V ANn TAKES UJlEcr ON lHE EFlECTIVB DATE AND IIOUR OF SAID POLICY Ut-lJ~~~
ANOlllRR FPPPCTtVP DATP fR SHt1WN JUILOW ANU ~XltR~ tCJttoIClIIUtKNTLY WiTH SAID FOLleY
ISSlJPD TO HP I AV OPPJCE OF ROBERT V BALTE~ EFF~ClV~ DATE
I1 OF THIS JrNnO~SPMJrNT 1151191UU~
Complete only when Ihis Endorsement is not prepa1ed With tJu~ Policy or JK nat to b~ lflictiv( wIth the Policy
CounLtTsigned by AUTH01UZtW lUW1USKNTA TJVH
U-118024-A (lid 09196) P~t 1 ufl
JUN-05-2008 1547 From Gi lsbar Inc 10
V UIi-tJO-CtJtJO tJJ tJ)
652008 1448
r r Will
GtlsbA~ Ino Gilsbar Inc
I 0 lonagtOlgtOLO
~ 414
~NA Continental Casualty Company
333 S Wabash Ave Chicago IL 60604
(800) 221-8201
LAWYERS PROFESSIONAL LIABILITY
POLICY CHANGES ENDORSEMENT
It is understood and agreed that the poltcy Is am ended as foIIQWS~
Premiun Adjulitmfint The fallowing appJie6
Additional PlemiullI in the anlOWll of $ 000 TotAl SurehilKc~ $ 000 Total Taxes
I Iotal Additional Amouut $ 000 $ 000 I
Added attorney Tanya M Uhl effective 05192008
All other provisions of this Polioy remain unohanged
This endorsement which forms a part of and is for attachn1ent to the Poticy issued by the designated Insurers takes effect on the effective date of said Poticy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below
l- IS ~ By Authorized Representative Tshy(No signature is required if issued with the Policy or If it is effective on the Policy Effective Date)
Gmiddot141246A (901) Page 1 Continental Casualty Com pany
Policy No Endorsement No
Effective DAte
287092907 3 05192008
JUN-es-200e 1547 FromGilsbar Inc 10
uUIi-~O-c~~tj ~~gt r-rom
6S2B08 1448 Gilsbar Inc Gilsbar Inca
~GILSBARPRO Take aMinute Go Pro
FACSIMILE TRANSMlnAL SHEET
To Mr Bauer From Jill Cowans
PhoneCompany 985-871-1894
Number Fax
Fax Number 352-337-251 8 985-898-1761Number
No Pages ThursdaY1 June 05 2008including cover 4 Time 0248PMsheet
Re New Attorney Endorsement
NotesComments
GII~bar Specialty InStJrance SerVices ~~( A member or the Gil~bor Grovp or Compolios
pO Box 998 bull Covington LI 70434 bull Telephone 85-82lt~52() bull fOx~ 955-090-) 7(d
ToU Free 1-100-906 -90S4 bull F8X~ 1-8 K8-641 -744 bull W~YnUgQ]lLQG~n1
----------------__ _-_
By authority Of 47 USC 227 as per 2005 amendment the intended recipient of this fax maYr at no cost and at any time of day or night of the week request the sender of this fax not to send any future unsolicited advertisements to the fax numbers(s) listed above by calling 1middot800-445middot7227 and then pressing O by faxing to GHsbarls fax number listed abovea or bye-mailing optoutgil1bar(om Failure of sender to comply within the shortest reasonabte time wittl such a request shall be unlawful In order for your fax numbers to be removed (r) your request must identify your telephone or flilX number3(s) to which your request relates (ii) your request must be made to the telephone or fax number of the sender Of by any other method of commllnialOti to be delermined by the FCC and (ill) you have not subsoquont to such request provided expre$$ inVlwtlon or permrssion to the sender in writing or otherwise to send such advertisement to such porson at suoh telephone 1ex machine
CONFIDENTIALITY NOTICE This fax transmission and any accompanying documents is solely for the use of tho intended recipient and miY contain information that is privileged confidential or otherwise exempt from disclosure under appficable law U you are not the intended recipient you are hereby notified that any disdosures copying distribution or action taken or omitted in reliance on it is strictly prohibited If you received this informittion in error please notify tho sonder immediately and shred the orjginal transmisston Thank you
JUN-0S-2008 1547 FromGi lsbar Inc IO P~g~001 R=93
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
bullbull
I
05222008 0845 FAX 8505615818 THE FLORIDA BAR lal 012
IPage2 of 21CATEGORIES OF LAW Please Indicate below ea~h area or law for whleh you requDSl referrals ad In which you an cutre-tly competent experienced and trlllned to practice (please limit it to DO molS than 56 areas of law)
OPTIONAl PANELS OnlON6LPANELS
Regular Low Regular Lowpavel Fee Pel Pee ElderlyElderly
[)M[NISTItAT1VEIGOVERNMENT REAL PROPERTY
Admlnlstrtlve (OJ) 0 LI CondomitlbJm Law (61) fr$ D~L] o Dept of ChUdrcn and Families Legal Mattcf$ Eminent OomainlCondernnation (62) c (AFDC Foster Care Child Abuse Homeowners AssoclBtlon (63] o
[jWelrare~ etc) (02) o o [J Landlordflenant (64)
LicenSing (03) IJ [J o Please spccitY either landIDId or tenant ~ M~tcarelMcdlceld (04) [j o CJ Mobile Home Law (65) [J o MtUtaryNeter~nmiddots BenefifS (05) o CJ I] Mortgage Foreclosure (66) Cl o School LawEducation (06) o o o Real Estate (Ceneral _ Purchase T
Social Security (07) o CJ o Sale Dr Ptope~ Contracts etc) (67) lit o o SOCial Security DlsabiUty (98) o I] Cl ZontngILend Use (89) 0 D (J
Workers Compensation - Fcdef(l1 (08J o CJ tJ Warke Compel1$atton - St~te (09) Cl o TORTS (REFERRALS ON RECULAR PANEL ONl~) Unemployment Compensation (99) o [JV Dental Malpractite (70) 0
Fraud (71) 0 UVSI~ESS It Legal Malpractice (72) g
Anu-TfJst (11) o cl
~
o Libel and Stender (73) Q Bankruptcy ~ Corporate (I 2) tJ D MedlcI Ma1pr~~ (74) 0 8usifless (Contra~ts etc) (I 3) ~ L] o Other Malpreftlce (75) 0
I Collections (14) D [J Please specify types of oth~t malpractice f Commeretal Litigation (15) lI o
CopyrighLSfIrademarks (16) D ofI Franchlse Law (l) o o o PI- Defense (76) Ptents (8) o o c PI- Plaintiff (77)I Secutiues (1 g) c CJ o Produets LlabUJty (78) I Property Damage (19)
Autmnobile ACCidents (80)I ( ONSCITUTI01AL LAI1NDl~DUALRIC I Fltst Amendment Issues (20) o D wQLSIPROBATE
Baker Act (22) o cJf CivU Rights - Ceferal (25) ~ o o Wills (81) C1 o o
I t Age Diserlmlnation o CJ cJ Cuardianship (83] [J o []
b RacialEthnic Dlscrimination c o o [J o oLivila Trusts (84)I Uvlng Will (85) o [J cJc Gender Discrimination o tI oI Probate (86) c LI [JPlease petit other elvil rlghl$ areas [J [J CISlmple Wills (81) I TrustsIEstateslEstate Planning (88) CJ I] IJ
I Amelican$ With DJsablUtles Act (ADA) (2G) [J CI L] Flse ArrestIPolice Brutality (27) [J Cl ItISClLLANEOV$I i-Iara$Sment (28) ~ o L1 Admiralty (10l) g D LI
1 Sexual Hstassment (29) o o [J Appeals - Clvll (102) ~ 0 ClI Appeals - Criminal (103) V [J C1
Agritulture (l04) IT [j (JI CtJNSlJMpoundR Aviation Law (l05) ~ D o
deg Consumer Collectiol1$ (31) o o Health Law (106) lJf cJ oConqmer Con$truttion Law (101) rY 0 tJ(Ceneral - Contracts Warnntles etc) (32) ~ o o []Customs (I08) ~ 0Bafklng Law (33) LI o o Entertainment nd Sports Law (lOg) ~V 0 oConsumer CredltIRepossessionsJ I]Environmental Law (110) II(~ [JGarnlshmpoundlf (34) V o o General Practice (111) 1 0 [J
nsuranee Law (36 o euroI o Elder Law (112) LI tJ CJLemon Law (37) [] LI o Immigration Law (113) CJ [] tJPersonal Bankruptcy (38) o o [J
J~WnatJDnal Law n14) lJ - 0 Q~ Labor Law (115) IJ 0 o
l1~111INAL Please peclfy either empJ07R or empJqen _
OUI (41) Cl o I-elony (42) I] LJ Pension Law (116) 0 0 Cl Domestic Violence (43) o CJ Personal Propert) (9n I] 00 tJ Q Juvenile Criminal (~4) cJ o Taxation (118) IJ C i~ J)o( j M
tJ [J Anlm~l Law (119) [] Q ~-- Cl Trame InrractonsILlcelse Suspensions (48) Mlsdemeanor (48)
C I]
PeroleJProbauon (49) CJ tI I wiU pro~de a FREE cofl$Idtatlon in ~~e fol~C~ing~~~~tr~5~middot
imiddot ~fll LA ~
[j -Cl AdopltOf (S t) Family Law - General (50)
Cl o Other categories not eovered above -----__~__I
Child CustodyNlsltstion (53) D CJ Child Support (54) o o
o CJ Guardianhp (56) Otssolu[ioi1lSeparationlAflnulmBnt (55)
CJ [J AEeBS or Special Interestexpertise ----- shyo oJuvenile - Miscellaneous (57) Il (J
Paumity (59) Name Clnlf1~ (58)
o c
IOltjgt~gtblgttjltj
Robert w ampuer Esq TiUlya M Uhl Esq
ROBERTW BAUER PA 2815 NW 13th Street Suite 200 GaiJ1esville PL 32609
wwwbauerlegalcom
Phone (352)i75S960 Fax (351)337~2518
TO Nicole
CC
FAX NUMBER
FROM
850-561-5818
Robert w Bauer Esquire l )S ~ (~~
~V0 DATE 06-06-08
RE Insurance Information NO PAGEScOVER SHEET 3 1Z
Nicole
I have received my insurance information from the Insurance company for myself and Mr Bauer Please add me to the Florida Bar Referral Service and update Mr Bauer Thank you so much for your time
Sincerely
Tanya M Uhl Esq
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
racJeiiCOoJ UIi7~O-C~~o ~J - tJgt r r UIIIshy
THE INfORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTlAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INlENDED RECIPIENT YOU ARE HE~eBY NOTIFIED THAT N4Y DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION 18 STRICTLY PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE THANK yOU
V UIt-tJO-CtJ~O tJ= tJJ r r UIII 10 JO~IQ~OJ~OJO
E=-S2elaS 14 48 GllsbAI I no Gi 1sbar Inc D 24
~NAmiddot Continental Casualty Company
CNAPLAZA CHICAGO ILLINOIS 60686
LAWYERS PROFESSIONAL LIABILITY
REViSED ATTORNEY SCHEDULE
Policy Number 287092907 Endorselnent Effective Dat 51912008
Name of Each Lawyer Robert W Bauer Tanya M Uhl
ATTYSCHED Page 1
JUN-0S-2008 1547 FromGilsbar Inc 1D
~UN-~b-C~~~ ~~~~
652008 1448 ~rom
Gi15b~r Inc Gilsbar Inc IOltSgt~gtblgttSltS
~NAmiddotmiddot Continental Casualty CllmJ1lln~
CNAPllAZA (~HICAG(Jt ILLINUIS 60685
LWYERS PROFFsSTONAT~lJABIIITY IIULIl~Y
NAMI~I) JNIJ(VIDUAL RElROACTIVEDATE ENDORSEMENT
It i~ undersLood and agreed that no coverage is afforded under this Policy for any clahn~ by reason of an act or ODlissiOll
in the rendering of legal s~ic~ by Tanya M lJhl that ncculTcd prior Lo 05191008 Nor is coverage afforded under this Policy for any claims by roaSOl1 of 14latcd acts ur ulnissiuns to oCuch HelM Or umlHsions lhal uccurred prior to the ahove specified date
All other pruviMinnR or thi s Policy remain unchanged
POLICY NO187092907
THIS ENDORSEMENT FORMS A PART OF THF AROVP RFFFRFNCRn POLI(V ANn TAKES UJlEcr ON lHE EFlECTIVB DATE AND IIOUR OF SAID POLICY Ut-lJ~~~
ANOlllRR FPPPCTtVP DATP fR SHt1WN JUILOW ANU ~XltR~ tCJttoIClIIUtKNTLY WiTH SAID FOLleY
ISSlJPD TO HP I AV OPPJCE OF ROBERT V BALTE~ EFF~ClV~ DATE
I1 OF THIS JrNnO~SPMJrNT 1151191UU~
Complete only when Ihis Endorsement is not prepa1ed With tJu~ Policy or JK nat to b~ lflictiv( wIth the Policy
CounLtTsigned by AUTH01UZtW lUW1USKNTA TJVH
U-118024-A (lid 09196) P~t 1 ufl
JUN-05-2008 1547 From Gi lsbar Inc 10
V UIi-tJO-CtJtJO tJJ tJ)
652008 1448
r r Will
GtlsbA~ Ino Gilsbar Inc
I 0 lonagtOlgtOLO
~ 414
~NA Continental Casualty Company
333 S Wabash Ave Chicago IL 60604
(800) 221-8201
LAWYERS PROFESSIONAL LIABILITY
POLICY CHANGES ENDORSEMENT
It is understood and agreed that the poltcy Is am ended as foIIQWS~
Premiun Adjulitmfint The fallowing appJie6
Additional PlemiullI in the anlOWll of $ 000 TotAl SurehilKc~ $ 000 Total Taxes
I Iotal Additional Amouut $ 000 $ 000 I
Added attorney Tanya M Uhl effective 05192008
All other provisions of this Polioy remain unohanged
This endorsement which forms a part of and is for attachn1ent to the Poticy issued by the designated Insurers takes effect on the effective date of said Poticy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below
l- IS ~ By Authorized Representative Tshy(No signature is required if issued with the Policy or If it is effective on the Policy Effective Date)
Gmiddot141246A (901) Page 1 Continental Casualty Com pany
Policy No Endorsement No
Effective DAte
287092907 3 05192008
JUN-es-200e 1547 FromGilsbar Inc 10
uUIi-~O-c~~tj ~~gt r-rom
6S2B08 1448 Gilsbar Inc Gilsbar Inca
~GILSBARPRO Take aMinute Go Pro
FACSIMILE TRANSMlnAL SHEET
To Mr Bauer From Jill Cowans
PhoneCompany 985-871-1894
Number Fax
Fax Number 352-337-251 8 985-898-1761Number
No Pages ThursdaY1 June 05 2008including cover 4 Time 0248PMsheet
Re New Attorney Endorsement
NotesComments
GII~bar Specialty InStJrance SerVices ~~( A member or the Gil~bor Grovp or Compolios
pO Box 998 bull Covington LI 70434 bull Telephone 85-82lt~52() bull fOx~ 955-090-) 7(d
ToU Free 1-100-906 -90S4 bull F8X~ 1-8 K8-641 -744 bull W~YnUgQ]lLQG~n1
----------------__ _-_
By authority Of 47 USC 227 as per 2005 amendment the intended recipient of this fax maYr at no cost and at any time of day or night of the week request the sender of this fax not to send any future unsolicited advertisements to the fax numbers(s) listed above by calling 1middot800-445middot7227 and then pressing O by faxing to GHsbarls fax number listed abovea or bye-mailing optoutgil1bar(om Failure of sender to comply within the shortest reasonabte time wittl such a request shall be unlawful In order for your fax numbers to be removed (r) your request must identify your telephone or flilX number3(s) to which your request relates (ii) your request must be made to the telephone or fax number of the sender Of by any other method of commllnialOti to be delermined by the FCC and (ill) you have not subsoquont to such request provided expre$$ inVlwtlon or permrssion to the sender in writing or otherwise to send such advertisement to such porson at suoh telephone 1ex machine
CONFIDENTIALITY NOTICE This fax transmission and any accompanying documents is solely for the use of tho intended recipient and miY contain information that is privileged confidential or otherwise exempt from disclosure under appficable law U you are not the intended recipient you are hereby notified that any disdosures copying distribution or action taken or omitted in reliance on it is strictly prohibited If you received this informittion in error please notify tho sonder immediately and shred the orjginal transmisston Thank you
JUN-0S-2008 1547 FromGi lsbar Inc IO P~g~001 R=93
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
IOltjgt~gtblgttjltj
Robert w ampuer Esq TiUlya M Uhl Esq
ROBERTW BAUER PA 2815 NW 13th Street Suite 200 GaiJ1esville PL 32609
wwwbauerlegalcom
Phone (352)i75S960 Fax (351)337~2518
TO Nicole
CC
FAX NUMBER
FROM
850-561-5818
Robert w Bauer Esquire l )S ~ (~~
~V0 DATE 06-06-08
RE Insurance Information NO PAGEScOVER SHEET 3 1Z
Nicole
I have received my insurance information from the Insurance company for myself and Mr Bauer Please add me to the Florida Bar Referral Service and update Mr Bauer Thank you so much for your time
Sincerely
Tanya M Uhl Esq
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
racJeiiCOoJ UIi7~O-C~~o ~J - tJgt r r UIIIshy
THE INfORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTlAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INlENDED RECIPIENT YOU ARE HE~eBY NOTIFIED THAT N4Y DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION 18 STRICTLY PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE THANK yOU
V UIt-tJO-CtJ~O tJ= tJJ r r UIII 10 JO~IQ~OJ~OJO
E=-S2elaS 14 48 GllsbAI I no Gi 1sbar Inc D 24
~NAmiddot Continental Casualty Company
CNAPLAZA CHICAGO ILLINOIS 60686
LAWYERS PROFESSIONAL LIABILITY
REViSED ATTORNEY SCHEDULE
Policy Number 287092907 Endorselnent Effective Dat 51912008
Name of Each Lawyer Robert W Bauer Tanya M Uhl
ATTYSCHED Page 1
JUN-0S-2008 1547 FromGilsbar Inc 1D
~UN-~b-C~~~ ~~~~
652008 1448 ~rom
Gi15b~r Inc Gilsbar Inc IOltSgt~gtblgttSltS
~NAmiddotmiddot Continental Casualty CllmJ1lln~
CNAPllAZA (~HICAG(Jt ILLINUIS 60685
LWYERS PROFFsSTONAT~lJABIIITY IIULIl~Y
NAMI~I) JNIJ(VIDUAL RElROACTIVEDATE ENDORSEMENT
It i~ undersLood and agreed that no coverage is afforded under this Policy for any clahn~ by reason of an act or ODlissiOll
in the rendering of legal s~ic~ by Tanya M lJhl that ncculTcd prior Lo 05191008 Nor is coverage afforded under this Policy for any claims by roaSOl1 of 14latcd acts ur ulnissiuns to oCuch HelM Or umlHsions lhal uccurred prior to the ahove specified date
All other pruviMinnR or thi s Policy remain unchanged
POLICY NO187092907
THIS ENDORSEMENT FORMS A PART OF THF AROVP RFFFRFNCRn POLI(V ANn TAKES UJlEcr ON lHE EFlECTIVB DATE AND IIOUR OF SAID POLICY Ut-lJ~~~
ANOlllRR FPPPCTtVP DATP fR SHt1WN JUILOW ANU ~XltR~ tCJttoIClIIUtKNTLY WiTH SAID FOLleY
ISSlJPD TO HP I AV OPPJCE OF ROBERT V BALTE~ EFF~ClV~ DATE
I1 OF THIS JrNnO~SPMJrNT 1151191UU~
Complete only when Ihis Endorsement is not prepa1ed With tJu~ Policy or JK nat to b~ lflictiv( wIth the Policy
CounLtTsigned by AUTH01UZtW lUW1USKNTA TJVH
U-118024-A (lid 09196) P~t 1 ufl
JUN-05-2008 1547 From Gi lsbar Inc 10
V UIi-tJO-CtJtJO tJJ tJ)
652008 1448
r r Will
GtlsbA~ Ino Gilsbar Inc
I 0 lonagtOlgtOLO
~ 414
~NA Continental Casualty Company
333 S Wabash Ave Chicago IL 60604
(800) 221-8201
LAWYERS PROFESSIONAL LIABILITY
POLICY CHANGES ENDORSEMENT
It is understood and agreed that the poltcy Is am ended as foIIQWS~
Premiun Adjulitmfint The fallowing appJie6
Additional PlemiullI in the anlOWll of $ 000 TotAl SurehilKc~ $ 000 Total Taxes
I Iotal Additional Amouut $ 000 $ 000 I
Added attorney Tanya M Uhl effective 05192008
All other provisions of this Polioy remain unohanged
This endorsement which forms a part of and is for attachn1ent to the Poticy issued by the designated Insurers takes effect on the effective date of said Poticy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below
l- IS ~ By Authorized Representative Tshy(No signature is required if issued with the Policy or If it is effective on the Policy Effective Date)
Gmiddot141246A (901) Page 1 Continental Casualty Com pany
Policy No Endorsement No
Effective DAte
287092907 3 05192008
JUN-es-200e 1547 FromGilsbar Inc 10
uUIi-~O-c~~tj ~~gt r-rom
6S2B08 1448 Gilsbar Inc Gilsbar Inca
~GILSBARPRO Take aMinute Go Pro
FACSIMILE TRANSMlnAL SHEET
To Mr Bauer From Jill Cowans
PhoneCompany 985-871-1894
Number Fax
Fax Number 352-337-251 8 985-898-1761Number
No Pages ThursdaY1 June 05 2008including cover 4 Time 0248PMsheet
Re New Attorney Endorsement
NotesComments
GII~bar Specialty InStJrance SerVices ~~( A member or the Gil~bor Grovp or Compolios
pO Box 998 bull Covington LI 70434 bull Telephone 85-82lt~52() bull fOx~ 955-090-) 7(d
ToU Free 1-100-906 -90S4 bull F8X~ 1-8 K8-641 -744 bull W~YnUgQ]lLQG~n1
----------------__ _-_
By authority Of 47 USC 227 as per 2005 amendment the intended recipient of this fax maYr at no cost and at any time of day or night of the week request the sender of this fax not to send any future unsolicited advertisements to the fax numbers(s) listed above by calling 1middot800-445middot7227 and then pressing O by faxing to GHsbarls fax number listed abovea or bye-mailing optoutgil1bar(om Failure of sender to comply within the shortest reasonabte time wittl such a request shall be unlawful In order for your fax numbers to be removed (r) your request must identify your telephone or flilX number3(s) to which your request relates (ii) your request must be made to the telephone or fax number of the sender Of by any other method of commllnialOti to be delermined by the FCC and (ill) you have not subsoquont to such request provided expre$$ inVlwtlon or permrssion to the sender in writing or otherwise to send such advertisement to such porson at suoh telephone 1ex machine
CONFIDENTIALITY NOTICE This fax transmission and any accompanying documents is solely for the use of tho intended recipient and miY contain information that is privileged confidential or otherwise exempt from disclosure under appficable law U you are not the intended recipient you are hereby notified that any disdosures copying distribution or action taken or omitted in reliance on it is strictly prohibited If you received this informittion in error please notify tho sonder immediately and shred the orjginal transmisston Thank you
JUN-0S-2008 1547 FromGi lsbar Inc IO P~g~001 R=93
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
racJeiiCOoJ UIi7~O-C~~o ~J - tJgt r r UIIIshy
THE INfORMATION CONTAINED IN THIS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTlAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INlENDED RECIPIENT YOU ARE HE~eBY NOTIFIED THAT N4Y DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION 18 STRICTLY PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY US BY TELEPHONE THANK yOU
V UIt-tJO-CtJ~O tJ= tJJ r r UIII 10 JO~IQ~OJ~OJO
E=-S2elaS 14 48 GllsbAI I no Gi 1sbar Inc D 24
~NAmiddot Continental Casualty Company
CNAPLAZA CHICAGO ILLINOIS 60686
LAWYERS PROFESSIONAL LIABILITY
REViSED ATTORNEY SCHEDULE
Policy Number 287092907 Endorselnent Effective Dat 51912008
Name of Each Lawyer Robert W Bauer Tanya M Uhl
ATTYSCHED Page 1
JUN-0S-2008 1547 FromGilsbar Inc 1D
~UN-~b-C~~~ ~~~~
652008 1448 ~rom
Gi15b~r Inc Gilsbar Inc IOltSgt~gtblgttSltS
~NAmiddotmiddot Continental Casualty CllmJ1lln~
CNAPllAZA (~HICAG(Jt ILLINUIS 60685
LWYERS PROFFsSTONAT~lJABIIITY IIULIl~Y
NAMI~I) JNIJ(VIDUAL RElROACTIVEDATE ENDORSEMENT
It i~ undersLood and agreed that no coverage is afforded under this Policy for any clahn~ by reason of an act or ODlissiOll
in the rendering of legal s~ic~ by Tanya M lJhl that ncculTcd prior Lo 05191008 Nor is coverage afforded under this Policy for any claims by roaSOl1 of 14latcd acts ur ulnissiuns to oCuch HelM Or umlHsions lhal uccurred prior to the ahove specified date
All other pruviMinnR or thi s Policy remain unchanged
POLICY NO187092907
THIS ENDORSEMENT FORMS A PART OF THF AROVP RFFFRFNCRn POLI(V ANn TAKES UJlEcr ON lHE EFlECTIVB DATE AND IIOUR OF SAID POLICY Ut-lJ~~~
ANOlllRR FPPPCTtVP DATP fR SHt1WN JUILOW ANU ~XltR~ tCJttoIClIIUtKNTLY WiTH SAID FOLleY
ISSlJPD TO HP I AV OPPJCE OF ROBERT V BALTE~ EFF~ClV~ DATE
I1 OF THIS JrNnO~SPMJrNT 1151191UU~
Complete only when Ihis Endorsement is not prepa1ed With tJu~ Policy or JK nat to b~ lflictiv( wIth the Policy
CounLtTsigned by AUTH01UZtW lUW1USKNTA TJVH
U-118024-A (lid 09196) P~t 1 ufl
JUN-05-2008 1547 From Gi lsbar Inc 10
V UIi-tJO-CtJtJO tJJ tJ)
652008 1448
r r Will
GtlsbA~ Ino Gilsbar Inc
I 0 lonagtOlgtOLO
~ 414
~NA Continental Casualty Company
333 S Wabash Ave Chicago IL 60604
(800) 221-8201
LAWYERS PROFESSIONAL LIABILITY
POLICY CHANGES ENDORSEMENT
It is understood and agreed that the poltcy Is am ended as foIIQWS~
Premiun Adjulitmfint The fallowing appJie6
Additional PlemiullI in the anlOWll of $ 000 TotAl SurehilKc~ $ 000 Total Taxes
I Iotal Additional Amouut $ 000 $ 000 I
Added attorney Tanya M Uhl effective 05192008
All other provisions of this Polioy remain unohanged
This endorsement which forms a part of and is for attachn1ent to the Poticy issued by the designated Insurers takes effect on the effective date of said Poticy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below
l- IS ~ By Authorized Representative Tshy(No signature is required if issued with the Policy or If it is effective on the Policy Effective Date)
Gmiddot141246A (901) Page 1 Continental Casualty Com pany
Policy No Endorsement No
Effective DAte
287092907 3 05192008
JUN-es-200e 1547 FromGilsbar Inc 10
uUIi-~O-c~~tj ~~gt r-rom
6S2B08 1448 Gilsbar Inc Gilsbar Inca
~GILSBARPRO Take aMinute Go Pro
FACSIMILE TRANSMlnAL SHEET
To Mr Bauer From Jill Cowans
PhoneCompany 985-871-1894
Number Fax
Fax Number 352-337-251 8 985-898-1761Number
No Pages ThursdaY1 June 05 2008including cover 4 Time 0248PMsheet
Re New Attorney Endorsement
NotesComments
GII~bar Specialty InStJrance SerVices ~~( A member or the Gil~bor Grovp or Compolios
pO Box 998 bull Covington LI 70434 bull Telephone 85-82lt~52() bull fOx~ 955-090-) 7(d
ToU Free 1-100-906 -90S4 bull F8X~ 1-8 K8-641 -744 bull W~YnUgQ]lLQG~n1
----------------__ _-_
By authority Of 47 USC 227 as per 2005 amendment the intended recipient of this fax maYr at no cost and at any time of day or night of the week request the sender of this fax not to send any future unsolicited advertisements to the fax numbers(s) listed above by calling 1middot800-445middot7227 and then pressing O by faxing to GHsbarls fax number listed abovea or bye-mailing optoutgil1bar(om Failure of sender to comply within the shortest reasonabte time wittl such a request shall be unlawful In order for your fax numbers to be removed (r) your request must identify your telephone or flilX number3(s) to which your request relates (ii) your request must be made to the telephone or fax number of the sender Of by any other method of commllnialOti to be delermined by the FCC and (ill) you have not subsoquont to such request provided expre$$ inVlwtlon or permrssion to the sender in writing or otherwise to send such advertisement to such porson at suoh telephone 1ex machine
CONFIDENTIALITY NOTICE This fax transmission and any accompanying documents is solely for the use of tho intended recipient and miY contain information that is privileged confidential or otherwise exempt from disclosure under appficable law U you are not the intended recipient you are hereby notified that any disdosures copying distribution or action taken or omitted in reliance on it is strictly prohibited If you received this informittion in error please notify tho sonder immediately and shred the orjginal transmisston Thank you
JUN-0S-2008 1547 FromGi lsbar Inc IO P~g~001 R=93
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
V UIt-tJO-CtJ~O tJ= tJJ r r UIII 10 JO~IQ~OJ~OJO
E=-S2elaS 14 48 GllsbAI I no Gi 1sbar Inc D 24
~NAmiddot Continental Casualty Company
CNAPLAZA CHICAGO ILLINOIS 60686
LAWYERS PROFESSIONAL LIABILITY
REViSED ATTORNEY SCHEDULE
Policy Number 287092907 Endorselnent Effective Dat 51912008
Name of Each Lawyer Robert W Bauer Tanya M Uhl
ATTYSCHED Page 1
JUN-0S-2008 1547 FromGilsbar Inc 1D
~UN-~b-C~~~ ~~~~
652008 1448 ~rom
Gi15b~r Inc Gilsbar Inc IOltSgt~gtblgttSltS
~NAmiddotmiddot Continental Casualty CllmJ1lln~
CNAPllAZA (~HICAG(Jt ILLINUIS 60685
LWYERS PROFFsSTONAT~lJABIIITY IIULIl~Y
NAMI~I) JNIJ(VIDUAL RElROACTIVEDATE ENDORSEMENT
It i~ undersLood and agreed that no coverage is afforded under this Policy for any clahn~ by reason of an act or ODlissiOll
in the rendering of legal s~ic~ by Tanya M lJhl that ncculTcd prior Lo 05191008 Nor is coverage afforded under this Policy for any claims by roaSOl1 of 14latcd acts ur ulnissiuns to oCuch HelM Or umlHsions lhal uccurred prior to the ahove specified date
All other pruviMinnR or thi s Policy remain unchanged
POLICY NO187092907
THIS ENDORSEMENT FORMS A PART OF THF AROVP RFFFRFNCRn POLI(V ANn TAKES UJlEcr ON lHE EFlECTIVB DATE AND IIOUR OF SAID POLICY Ut-lJ~~~
ANOlllRR FPPPCTtVP DATP fR SHt1WN JUILOW ANU ~XltR~ tCJttoIClIIUtKNTLY WiTH SAID FOLleY
ISSlJPD TO HP I AV OPPJCE OF ROBERT V BALTE~ EFF~ClV~ DATE
I1 OF THIS JrNnO~SPMJrNT 1151191UU~
Complete only when Ihis Endorsement is not prepa1ed With tJu~ Policy or JK nat to b~ lflictiv( wIth the Policy
CounLtTsigned by AUTH01UZtW lUW1USKNTA TJVH
U-118024-A (lid 09196) P~t 1 ufl
JUN-05-2008 1547 From Gi lsbar Inc 10
V UIi-tJO-CtJtJO tJJ tJ)
652008 1448
r r Will
GtlsbA~ Ino Gilsbar Inc
I 0 lonagtOlgtOLO
~ 414
~NA Continental Casualty Company
333 S Wabash Ave Chicago IL 60604
(800) 221-8201
LAWYERS PROFESSIONAL LIABILITY
POLICY CHANGES ENDORSEMENT
It is understood and agreed that the poltcy Is am ended as foIIQWS~
Premiun Adjulitmfint The fallowing appJie6
Additional PlemiullI in the anlOWll of $ 000 TotAl SurehilKc~ $ 000 Total Taxes
I Iotal Additional Amouut $ 000 $ 000 I
Added attorney Tanya M Uhl effective 05192008
All other provisions of this Polioy remain unohanged
This endorsement which forms a part of and is for attachn1ent to the Poticy issued by the designated Insurers takes effect on the effective date of said Poticy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below
l- IS ~ By Authorized Representative Tshy(No signature is required if issued with the Policy or If it is effective on the Policy Effective Date)
Gmiddot141246A (901) Page 1 Continental Casualty Com pany
Policy No Endorsement No
Effective DAte
287092907 3 05192008
JUN-es-200e 1547 FromGilsbar Inc 10
uUIi-~O-c~~tj ~~gt r-rom
6S2B08 1448 Gilsbar Inc Gilsbar Inca
~GILSBARPRO Take aMinute Go Pro
FACSIMILE TRANSMlnAL SHEET
To Mr Bauer From Jill Cowans
PhoneCompany 985-871-1894
Number Fax
Fax Number 352-337-251 8 985-898-1761Number
No Pages ThursdaY1 June 05 2008including cover 4 Time 0248PMsheet
Re New Attorney Endorsement
NotesComments
GII~bar Specialty InStJrance SerVices ~~( A member or the Gil~bor Grovp or Compolios
pO Box 998 bull Covington LI 70434 bull Telephone 85-82lt~52() bull fOx~ 955-090-) 7(d
ToU Free 1-100-906 -90S4 bull F8X~ 1-8 K8-641 -744 bull W~YnUgQ]lLQG~n1
----------------__ _-_
By authority Of 47 USC 227 as per 2005 amendment the intended recipient of this fax maYr at no cost and at any time of day or night of the week request the sender of this fax not to send any future unsolicited advertisements to the fax numbers(s) listed above by calling 1middot800-445middot7227 and then pressing O by faxing to GHsbarls fax number listed abovea or bye-mailing optoutgil1bar(om Failure of sender to comply within the shortest reasonabte time wittl such a request shall be unlawful In order for your fax numbers to be removed (r) your request must identify your telephone or flilX number3(s) to which your request relates (ii) your request must be made to the telephone or fax number of the sender Of by any other method of commllnialOti to be delermined by the FCC and (ill) you have not subsoquont to such request provided expre$$ inVlwtlon or permrssion to the sender in writing or otherwise to send such advertisement to such porson at suoh telephone 1ex machine
CONFIDENTIALITY NOTICE This fax transmission and any accompanying documents is solely for the use of tho intended recipient and miY contain information that is privileged confidential or otherwise exempt from disclosure under appficable law U you are not the intended recipient you are hereby notified that any disdosures copying distribution or action taken or omitted in reliance on it is strictly prohibited If you received this informittion in error please notify tho sonder immediately and shred the orjginal transmisston Thank you
JUN-0S-2008 1547 FromGi lsbar Inc IO P~g~001 R=93
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
~UN-~b-C~~~ ~~~~
652008 1448 ~rom
Gi15b~r Inc Gilsbar Inc IOltSgt~gtblgttSltS
~NAmiddotmiddot Continental Casualty CllmJ1lln~
CNAPllAZA (~HICAG(Jt ILLINUIS 60685
LWYERS PROFFsSTONAT~lJABIIITY IIULIl~Y
NAMI~I) JNIJ(VIDUAL RElROACTIVEDATE ENDORSEMENT
It i~ undersLood and agreed that no coverage is afforded under this Policy for any clahn~ by reason of an act or ODlissiOll
in the rendering of legal s~ic~ by Tanya M lJhl that ncculTcd prior Lo 05191008 Nor is coverage afforded under this Policy for any claims by roaSOl1 of 14latcd acts ur ulnissiuns to oCuch HelM Or umlHsions lhal uccurred prior to the ahove specified date
All other pruviMinnR or thi s Policy remain unchanged
POLICY NO187092907
THIS ENDORSEMENT FORMS A PART OF THF AROVP RFFFRFNCRn POLI(V ANn TAKES UJlEcr ON lHE EFlECTIVB DATE AND IIOUR OF SAID POLICY Ut-lJ~~~
ANOlllRR FPPPCTtVP DATP fR SHt1WN JUILOW ANU ~XltR~ tCJttoIClIIUtKNTLY WiTH SAID FOLleY
ISSlJPD TO HP I AV OPPJCE OF ROBERT V BALTE~ EFF~ClV~ DATE
I1 OF THIS JrNnO~SPMJrNT 1151191UU~
Complete only when Ihis Endorsement is not prepa1ed With tJu~ Policy or JK nat to b~ lflictiv( wIth the Policy
CounLtTsigned by AUTH01UZtW lUW1USKNTA TJVH
U-118024-A (lid 09196) P~t 1 ufl
JUN-05-2008 1547 From Gi lsbar Inc 10
V UIi-tJO-CtJtJO tJJ tJ)
652008 1448
r r Will
GtlsbA~ Ino Gilsbar Inc
I 0 lonagtOlgtOLO
~ 414
~NA Continental Casualty Company
333 S Wabash Ave Chicago IL 60604
(800) 221-8201
LAWYERS PROFESSIONAL LIABILITY
POLICY CHANGES ENDORSEMENT
It is understood and agreed that the poltcy Is am ended as foIIQWS~
Premiun Adjulitmfint The fallowing appJie6
Additional PlemiullI in the anlOWll of $ 000 TotAl SurehilKc~ $ 000 Total Taxes
I Iotal Additional Amouut $ 000 $ 000 I
Added attorney Tanya M Uhl effective 05192008
All other provisions of this Polioy remain unohanged
This endorsement which forms a part of and is for attachn1ent to the Poticy issued by the designated Insurers takes effect on the effective date of said Poticy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below
l- IS ~ By Authorized Representative Tshy(No signature is required if issued with the Policy or If it is effective on the Policy Effective Date)
Gmiddot141246A (901) Page 1 Continental Casualty Com pany
Policy No Endorsement No
Effective DAte
287092907 3 05192008
JUN-es-200e 1547 FromGilsbar Inc 10
uUIi-~O-c~~tj ~~gt r-rom
6S2B08 1448 Gilsbar Inc Gilsbar Inca
~GILSBARPRO Take aMinute Go Pro
FACSIMILE TRANSMlnAL SHEET
To Mr Bauer From Jill Cowans
PhoneCompany 985-871-1894
Number Fax
Fax Number 352-337-251 8 985-898-1761Number
No Pages ThursdaY1 June 05 2008including cover 4 Time 0248PMsheet
Re New Attorney Endorsement
NotesComments
GII~bar Specialty InStJrance SerVices ~~( A member or the Gil~bor Grovp or Compolios
pO Box 998 bull Covington LI 70434 bull Telephone 85-82lt~52() bull fOx~ 955-090-) 7(d
ToU Free 1-100-906 -90S4 bull F8X~ 1-8 K8-641 -744 bull W~YnUgQ]lLQG~n1
----------------__ _-_
By authority Of 47 USC 227 as per 2005 amendment the intended recipient of this fax maYr at no cost and at any time of day or night of the week request the sender of this fax not to send any future unsolicited advertisements to the fax numbers(s) listed above by calling 1middot800-445middot7227 and then pressing O by faxing to GHsbarls fax number listed abovea or bye-mailing optoutgil1bar(om Failure of sender to comply within the shortest reasonabte time wittl such a request shall be unlawful In order for your fax numbers to be removed (r) your request must identify your telephone or flilX number3(s) to which your request relates (ii) your request must be made to the telephone or fax number of the sender Of by any other method of commllnialOti to be delermined by the FCC and (ill) you have not subsoquont to such request provided expre$$ inVlwtlon or permrssion to the sender in writing or otherwise to send such advertisement to such porson at suoh telephone 1ex machine
CONFIDENTIALITY NOTICE This fax transmission and any accompanying documents is solely for the use of tho intended recipient and miY contain information that is privileged confidential or otherwise exempt from disclosure under appficable law U you are not the intended recipient you are hereby notified that any disdosures copying distribution or action taken or omitted in reliance on it is strictly prohibited If you received this informittion in error please notify tho sonder immediately and shred the orjginal transmisston Thank you
JUN-0S-2008 1547 FromGi lsbar Inc IO P~g~001 R=93
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
V UIi-tJO-CtJtJO tJJ tJ)
652008 1448
r r Will
GtlsbA~ Ino Gilsbar Inc
I 0 lonagtOlgtOLO
~ 414
~NA Continental Casualty Company
333 S Wabash Ave Chicago IL 60604
(800) 221-8201
LAWYERS PROFESSIONAL LIABILITY
POLICY CHANGES ENDORSEMENT
It is understood and agreed that the poltcy Is am ended as foIIQWS~
Premiun Adjulitmfint The fallowing appJie6
Additional PlemiullI in the anlOWll of $ 000 TotAl SurehilKc~ $ 000 Total Taxes
I Iotal Additional Amouut $ 000 $ 000 I
Added attorney Tanya M Uhl effective 05192008
All other provisions of this Polioy remain unohanged
This endorsement which forms a part of and is for attachn1ent to the Poticy issued by the designated Insurers takes effect on the effective date of said Poticy at the hour stated in said Policy and expires concurrently with said Policy unless another effective date is shown below
l- IS ~ By Authorized Representative Tshy(No signature is required if issued with the Policy or If it is effective on the Policy Effective Date)
Gmiddot141246A (901) Page 1 Continental Casualty Com pany
Policy No Endorsement No
Effective DAte
287092907 3 05192008
JUN-es-200e 1547 FromGilsbar Inc 10
uUIi-~O-c~~tj ~~gt r-rom
6S2B08 1448 Gilsbar Inc Gilsbar Inca
~GILSBARPRO Take aMinute Go Pro
FACSIMILE TRANSMlnAL SHEET
To Mr Bauer From Jill Cowans
PhoneCompany 985-871-1894
Number Fax
Fax Number 352-337-251 8 985-898-1761Number
No Pages ThursdaY1 June 05 2008including cover 4 Time 0248PMsheet
Re New Attorney Endorsement
NotesComments
GII~bar Specialty InStJrance SerVices ~~( A member or the Gil~bor Grovp or Compolios
pO Box 998 bull Covington LI 70434 bull Telephone 85-82lt~52() bull fOx~ 955-090-) 7(d
ToU Free 1-100-906 -90S4 bull F8X~ 1-8 K8-641 -744 bull W~YnUgQ]lLQG~n1
----------------__ _-_
By authority Of 47 USC 227 as per 2005 amendment the intended recipient of this fax maYr at no cost and at any time of day or night of the week request the sender of this fax not to send any future unsolicited advertisements to the fax numbers(s) listed above by calling 1middot800-445middot7227 and then pressing O by faxing to GHsbarls fax number listed abovea or bye-mailing optoutgil1bar(om Failure of sender to comply within the shortest reasonabte time wittl such a request shall be unlawful In order for your fax numbers to be removed (r) your request must identify your telephone or flilX number3(s) to which your request relates (ii) your request must be made to the telephone or fax number of the sender Of by any other method of commllnialOti to be delermined by the FCC and (ill) you have not subsoquont to such request provided expre$$ inVlwtlon or permrssion to the sender in writing or otherwise to send such advertisement to such porson at suoh telephone 1ex machine
CONFIDENTIALITY NOTICE This fax transmission and any accompanying documents is solely for the use of tho intended recipient and miY contain information that is privileged confidential or otherwise exempt from disclosure under appficable law U you are not the intended recipient you are hereby notified that any disdosures copying distribution or action taken or omitted in reliance on it is strictly prohibited If you received this informittion in error please notify tho sonder immediately and shred the orjginal transmisston Thank you
JUN-0S-2008 1547 FromGi lsbar Inc IO P~g~001 R=93
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
uUIi-~O-c~~tj ~~gt r-rom
6S2B08 1448 Gilsbar Inc Gilsbar Inca
~GILSBARPRO Take aMinute Go Pro
FACSIMILE TRANSMlnAL SHEET
To Mr Bauer From Jill Cowans
PhoneCompany 985-871-1894
Number Fax
Fax Number 352-337-251 8 985-898-1761Number
No Pages ThursdaY1 June 05 2008including cover 4 Time 0248PMsheet
Re New Attorney Endorsement
NotesComments
GII~bar Specialty InStJrance SerVices ~~( A member or the Gil~bor Grovp or Compolios
pO Box 998 bull Covington LI 70434 bull Telephone 85-82lt~52() bull fOx~ 955-090-) 7(d
ToU Free 1-100-906 -90S4 bull F8X~ 1-8 K8-641 -744 bull W~YnUgQ]lLQG~n1
----------------__ _-_
By authority Of 47 USC 227 as per 2005 amendment the intended recipient of this fax maYr at no cost and at any time of day or night of the week request the sender of this fax not to send any future unsolicited advertisements to the fax numbers(s) listed above by calling 1middot800-445middot7227 and then pressing O by faxing to GHsbarls fax number listed abovea or bye-mailing optoutgil1bar(om Failure of sender to comply within the shortest reasonabte time wittl such a request shall be unlawful In order for your fax numbers to be removed (r) your request must identify your telephone or flilX number3(s) to which your request relates (ii) your request must be made to the telephone or fax number of the sender Of by any other method of commllnialOti to be delermined by the FCC and (ill) you have not subsoquont to such request provided expre$$ inVlwtlon or permrssion to the sender in writing or otherwise to send such advertisement to such porson at suoh telephone 1ex machine
CONFIDENTIALITY NOTICE This fax transmission and any accompanying documents is solely for the use of tho intended recipient and miY contain information that is privileged confidential or otherwise exempt from disclosure under appficable law U you are not the intended recipient you are hereby notified that any disdosures copying distribution or action taken or omitted in reliance on it is strictly prohibited If you received this informittion in error please notify tho sonder immediately and shred the orjginal transmisston Thank you
JUN-0S-2008 1547 FromGi lsbar Inc IO P~g~001 R=93
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
rlit )lLUlltlVA HAK l4 009
~ I I I I I I I I
~e bull It bullbull I
middotI~kiepf~~middot The Florida Bar Lawyer Referral Service~~P)(~ hi~ + a~~i~n (orshy~uftticD~~~ Membership Application lb4bU-13
The Florida Bar Lawyer Referral Service bull 651 East Jetterson Street bull Tallahassee Florida 81899-2800
8001842-8080 extellSiol1 6807 an8 or 5810
NampDle ~ _Ms) RO-=b--e--r_t---W__B-=a_ue_r nOrlda Bar Attorney Numbe~ liOnI Firm Name Clayton-Johnston P A bullI
Office MailiDl Address _P~-O-~B_O-x~2~3~9~3~9~ ~-r-~~~~r-7t- _
CitylStateJZip Ga ine s viIIe Fmiddotl 326 02 Phoae (35 2 ) _3__6_-_4_6_9_4 _I poundaNail Address RBauer clayton- johns ton corn
Pleese ilUlicate the rea ofDede COUllty ill which ~olr oflice is 10shyMiQi Beac- Miami BefUJ~ DOIDlItolDft Hialeah CONiI Gable HollUlshy
-- _ ea 0 J~ 0 la1 0 Iead PrriJIe Ke1Ul4l Cutler BillIe etc)
Art there or have there ever been in this state or elsewheret
any felony convictions disbarments suspensions or disciplirary actions against you
o yea Qg no (If the answer is ryES1t please give details on a separate sheet)
~~yo~~rQ~~~byTh~ Fl~ridaByenjn any area of law o Yes[2J no (Please specify) _
~ ~ 1 bull4
Other states in bich you are currently admitted to practice= NA
Other countries in which you are currently admitted to practice __N_A _
Other Florida oouaties from which you ill handle ca$es~ Third and Eightg Judicial Circuits Marion County
r-11l you take cues $tatewic1e Xl yes CJ no
Will you make jailca1ls 0 yes ~ no
Do you know sign language Cyes EJ no
D~6aIiyoneonyo~staftknQwsignlanguage tl yes I no
Foreign langu$spoken by yoo=middot_middot_N__A_ _ -
I certify that I am currendy competent to practice in the areas aflaw which I have indicated Under penalty ofperjury I herebmiddot lwear md aftirm that I have read and agree to abide by the ruleEi aJJd regulations of The Florida Bar Lawyer Refellal SershyviCf Eucloeeci is my check for $111 (made payable to Th Floriaa Bar) Cor the ann1MLl membership fee and a copy oftha CUTent face sheetdeclaration8 pare of my professional liability insurshyan~ policy~
I ~tifymiddotth~~ r ~TIently have professional liabiIit ~qi~~ witlf-UinitSilQt less than $100000 and will contiD~tocSn-y professional liability i11suranee with limits not less than$100000 a~ long asIam a member alTha Florida Bar Lawyer Referral SeiviCe~middot shy
I ~ to ~t to the Service 12~ ofany attorneysl fees due me f~r servi~8p6normed inconnection with any Regular Panel cuee (Bankruptcy and Social Security cases are exempt) I agree to charge no more tban $2000 for the initial half-hour office consultation I understand that this application is made only on my behalf and not on t)ehat of my finn or any of my assocfates~flAccord mrly I arcc that the initial conJUltation in connectioutith any referred matter will be with me perSODa11~ I vmlerstahd that the information contained herein may be furnished to people Wh~ seek usitance from the Se~ce and ij1at the Service in so do itJg will ~ relyine on the representations whieh I hav~ ~de hereia I acree to abide by all of the rules of the Service and ~~l h and hold hannJbullbullbull The Florida Bar and any of its oflicers ~1~ bera or employees fto= my mdmiddotmiddota1l claims demands aetions Ii ability or loss which may arise from or be incurred as ares~uJ~ the operation or the Semce OT nferrals of cUents through Service or by my failure to comply with any pror1sion oftha of the SemcQ Ol I8e ofinformation contained in the appUcatioXL I undarstaJ14 that Semee may survey clients referred -toxne
rted cases
Signa~ ~-- -~~
ail4 may follow
middotmiddotmiddot- J 1A S-- 3-DatICgtmiddotmiddot ~- 4 cent v
1 ~ tmiddot plel4e~~U tIlE compLeIlaquof appZkGIiorI ~j~tIqq~ c~c~ cm4 G COJI1 ofyowrClUTaampt p-obullbull 1icJ6llmiddot iIy~e clectlGrGRoIU J)tI6 to
The Florida Bar Lawyewo Referral Service 851 East Jettenon Street Ta11ah Florida 81399-2300
9
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
T-494 POOZOOZ F-813+135Z3111355From-CLAYTON JOHNSTONMay-l7-2005 1019am
CATEGORIES OF LAW Jp~ge ~ a PJeue incUcate below ecaeh 8)8 ~tapoundOr ~b YOQ ftlqu- XIftfe~-ts iu wIdth ~ are e~tQcentmnp~ experieaced aad UalIled to 2racdce (P1eaJJe HDIIt It ~ DO more Cha2 amp8 azeas oflalr)=
AOMJl~~RUIVEIGOVEF-~T
AdmidstratiVE (01) UPI
~Pt tD Childrct s=I Fa=iIie1lJ Laampal ttGtteJS
CONSTtT1JTlONAL LAWIND]VIDl]AL RlOHTS First AaJAmdment iQUea (20) I] c BlAkerAet (22) Civil RiP - Gcnerel (20)
a Ase lliacrimmatioD
~ ~ ~
c [)
o b RaeiailEllmc Dlacrimintcnl Q 0eQder n~1iOl1
U~ ~
c c
Pllase speci1y other civil riahu areu=
~~~Witb Disahiitie~Act (ADA) UG6) o o False ~IPoUceBrctali7 (2) C Q HarasJDent lt2Si D C SQxual Harasanent (2~) tJ C
CONSDMER CDnt~Ccn~tio=8 Cal) o []
~r bull (~nt1 - 04=traCa Wattanties etcj (32) c
c~Law(aa CoDBUlllet OreditIaeposoaspo=tIf Gan1iabmOAt (~) c ~Lw(96) o LeDson Law (31~ c
cPerac=al B~p~(S6) CRIlQNAL Dtn(41~ C o gel~lt4r2j 0 o Doauenic Violc~ (43) C o J~~e-C~~~1 0 c Misdemamplmo (461 0 c Tnlfie UUractioZlBiLic~~uSJUpenlrior (48) 0 C ParolePTcJba~~ (~9) C 11
FAMILY LU~
Fam11Jr La - Gaaeral (N)) 11 D Adopdon (~) J C Child C~d1tiaLtion(63) o C Child Support (54) C C nBOlu~~tiealAJuuJmerJt(55) C D GuardiaDpoundhampp ttiB) C CI JuveuDe - NiRcMllaeoua 1amp1) CI C Name C1uuIse (88) C D PlA-tenUW (5$gt EI C
c c o (]
o o c cJ
[] o I) o o CI
[J
c (]
C C CI [J
tJ o C C
[J
C tJ C] IJ C C PI - IMCeaM (76)o PI - p1aiDtil (T1)CJ PnJdUCQ Liability (IS)
PopezV DaJMP (19) AutOmobDe Accidelts (80lo
c WILLSIPR0 BATpound
o o WJIla (81) o [J
~p(SS) CJ CJ o o utriDg ~ (84) C CJ o a LiviD Win (85) CJ Q t1 (]P~baw (86) o IJ
Simpl WiJl5 (8 j o o (J
(AFDC Feuer Caz-e Child AbaeQ Wo1Ea~ ace) (02)
LiceA8Ug (~)
MedicaraIMedicd to) l-rti1its7IVetoenms B~t6 (Oa School La-lEdueatiotl (06 Socia Scauity (07) Soci~ ~arityDisa~ntY(96) Workus ComPtlUa~on- Fedl8l (OS) VCIkote7 CompeQlatioll - State (DB UlemployZUtlt C~atiaD (99)
BUS1l~SS
Aatj-T~t11) BfUll~ptcy- QQ~ate (12) Busi=efltl (C~~eta e1C) (1~) Collectian6 (14) Comzuercial Liueation (15) ~~-fhtEllrademarb (16)Franeblee Law (17) P~(lB) SIll~~(19)
c c o C o Cl o (] c C o c o o o o CJ D C o
tJ o 0 o [J o C]~ [J
52f c C o CJ o ~ c 0 c
TniatampIfEJRBtIatEamp1Ate PlipoundDDing (88) Cl o aIJ CJ MISCELLANE~ o c cAcfminIln (101) ~o Appeals - OlYi1 (102) 111 c c
~als - cnmms (103) g c C ~ture(104) LI [J r1 A~La (l05) ~ [J CJ Heakh Law (106) ~ o oc Co~oJ4 (107) ~ o CJo
C o IlOustoJSY (108) o [][J EmertaiDmant ampI1d SPO-ts LaIV (1~) ~
~La(110) ~ a o ~~~Cl11) o cc
[] Elder La (lU) C c o hmDigrUGD Law (J13~ 0 c C ~~ La (114-) C Cl c
c Lahar ~ (115) [] o a c Pie~ either tDftJJ1oYcf or plQ31e~ _
c
c ~ Le (116) COOc
~ Pe~1ngtpeft7 (97) ceoc TaaUDJ2 (118) J7 C Cc
CJ I wiU proMs a FtBE ea~uJtaUcrnin the Collo~8an-s at law
C tJ C Dttier cateeonee DOt CO~n=c lbov~ _----------- shyC C iC C ~ Aftul oIepecial iu1iere~ --------shyC D r
iO
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
Ins u ran c e
Florida IAWYERS Mutual
Com pan y
Created by The Florida Bar for its members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
Declarations
Policy Number 96100034
Territory 2
Item 1 Named Insured Clayton-Johnston PA
Mailing Address 18 NW 33 Court Gainesville Florida 32607-2553
tern 2 Policy Period From 04012006 to 04012007 at 1201 AM Standard Time at Your Address Above
Item 3 Limit ofLiability $3000000 per claim $3000000 total limit
Item 4 Deductible $10000 annual aggregate
Item 5 Premium $33094
tern 6 Forms and Endorsements Attached at Policy Issuance
FLPL-l 01 (R07-01-2005) FLPL-200R(R3-1-2005) FLPL- I03(Rl- I-200 1)
FLPL-I04(R9-1-96)
THIS POLICY IS NOT VALID UNTIL SIGNED BY OUR AUTHORIZED REPRESENTATIVE
March 30 2006
Countersignature Date e 1 FLPL-100(R1-1-1997)
_ ~ ( 1 rt r 1 - ( 1 n
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
Florida IAWYERS Mutual
I n su ran c e Com pan y
~reated by The Florida Barorits members
This is a Claims Made Policy Please read it carefully Lawyers Professional Liability Policy
RETROACTIVE DATE SCHEDULE ENDORSEMEJT
Named Insured
~layton-Johnston PA
)olicy Number 96100034 Endorsement Number Effective Date 04012006
is hereby understood and agreed that coverage is provided to the lawyers listed herein for acts errors or omissions r personal injuries which- occurred on or after the Retroactive Date shown below
~ame Retroactive Date
lobert W Bauer 04222005 rhomas G Christmann 05152003 ames E Clayton 04011996 ~harles M Gadd 04011996 Jeonard E Ireland Jr 04011996 ~harles Thomas Pino 08232004 ames S Quincey 04011996 Jydia M Quinn 03012003
lothing herein shall be held to vary alter waive or extend any ofthe terms conditions provisions agreeme~ts
r limitations ofthe above numberedpolicy other than as stated in this endorsement
r~~larch 30 2006 ountersignature Date esentative ~T PT- n ~ (R 1_1_ nn) a~
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
11nJ nJ nJ nt ru Ttl Ttl ru ru nt Tt nt IU III Ttl III Ttl 11 lgt(gt 0 0 0 0 0 L 0 0 0 0 C CI p -I0 0 0 CI 0 0 0 CI 0 C C 0 C C lfl -TTl 1 TTl CI
llz ([1shyc runJ - - n n co lLI LLI111 I)- [I- 11 -IJ1 IJ1 co co LLI shy C111 IJJ [I- ru Jl IJ1 IU ([I ctl ~ITt C 1)- 0 IJ1 b- 0 111 W ru Jl OJ n III 111 ru C (l - I)- W IJ1 W 0 IJ1 ru w w m p
11 1-0 tl -til 1TI C LLI loJ W I W W W IJJ W 1)1 ru ru ru Ttl [11 ru
fI c 0 0
0 0 0 0 0 0 0 ru ru ~i nt ni no 0 [0
lgt-Jl n n ru ru ~I [I- crmiddot I) shy
- fO ~ - nJ nJ ru ru ru Ttl III ru ru ru ru r rU III Ttl Ttl Tt 1TI 0 0 C 0 0 0 0 0 0 0 0 CI 0
tT0 0 0 0 0 0 0 0 0 C C ~I ~I ~I n
II
I I I I I
II I I I II I II ltI
c
II III II I I I I IIIIII
n
j m3 TTl c
rraquo-1 F r TTl
I tITTl p
tr 0 (1 0 t1 0 m m tI t1 (1 (1 z eo 1TI rn r TlTl rnraquo or (1 tl
OJ 11 n I)- nt W - LLI IU crmiddot C Ttl III fT raquo0
a w (r Dl Ttl 0 W LLI to ru [[I ~I Lt Ttl raquo r ~(J p tOf [T nono n IU raquo lgt rtl ltlgt
([I ru rn Il
ltl -I [[1[[1 pn n n 0 0 0 0 n n 0 0 n n Ct l CJ 11 -I ~
to -Iraquo -
-I D -I
to co lll 1)
- Z rn - tr
r
J crl tl r c [[I
Iltl lfl
-1 Tl fTrn
-u
C lgtb t --I rn 1TI
CI c tI lfl
Ifl Ifl tfl et Ill-I 0 -ICILICIA ~CI3lnp -I ~ CI --i -I 11I-(-IZ-i
i Ttl Tt CI C Cl rrco J 0 shyIgt I~I C In - o- ro
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
May-l7-2005 1019am From-CLAYTON JOHNSTON +13523717366 T-494 P001002 F-873
LLAYTON-JOHNSTON PA
352middot376-4694 Fax~ 352-371-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistant Date Publick Service Programs
May 17 2005
From Robert W Bauer Esq Pages 1
Subject Fla Bar Referral Categories of Law
Matter No
Fax to 850-561-5818
COMMENTS
My Address information has been updated online Please confirm that you will be sending referrals to the flml and not my bome address My wife is at home asleep after working all night and probably wouldnt appreciate the calls Thanks for your help and prompt attention to my requests
THE JNfORMATION CONTAINED IN THIS FACSIMILfi MISSSACB IS ATIORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION NT~NOED ONLY JiOJt TH~ USB OF THE INDIVIDUAL OR ENTITY NAMED ABOvE IF THE READER OP THIS Me$SACpound IS NOT THE INTENDED RECIPlaNr OR THE EM ILOlSE OR AGENT RESPONSIBLE FOR DJSLIVEIUNQ middotfJiE MESSAGE TO THE tNTENDGO IUiCIPLENT YOU ARE HEREBY NOTIFleo THAT ANY DlSSpoundMINAnON DISTRIBUTION OR COPYINQ OF THIS COMMUNlCAnON IS STRICTLY PROHIBITED IF YOU 1VE RECJlVED THIS COMMUNICATION IN E~1tOR PLEASE NOTIFY US lMMEDlATELY ByTEtEPHONEa AND REfLJRN THE ORIGINAL MESSAGe TO uS AT THE ABOVE ADDRESS VIA THli UNITED Sl~ATES POSTAL SERVICE THANK YOU
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
-=11 1950
The Florida Bar JOHN F HARKNESS JR
EXECUTIVE DIRECTOR
651 EAST JEFFERSON STREET
TALLAHASSEE FLORIDA 32399-2300 850561-5600 wwwFLABARORG
May 19 2005
Robert Bauer PO Box 23939 Gainesville FL 32602
Dear Mr Bauer
It is a pleasure to welcome you to membership on The Florida Bar Lawyer Referral Service panel
To help you better understand the middotoperating procedures ofthe service I have enclosed several items which I hope will be helpful to you
o C l) Lawyer Referral Service Operating Procedures This sets forth the basic procedure for
making referrals and outlines various reports
2) Referral Form This is the form that is produced when a referral is made Each Friday
JP we will forward to your office the forms for all the referrals made to you that week (the
Y prior Friday through Thursday) The fonns are perforated so you may place the individual referral fonns in the clients file ifa case file is opened This will identify the file as a Florida Bar Lawyer Referral Service case The weekly forms are for your information only and are to be retained by your office
3) Client Survey Form This is sent to 20-30 ofthe people who are referred by the service (selected randomly) A label with the referred attorneys name is attached to the top of the survey
In addition to the weekly referral forms each month you will receive a computer printout which lists all referrals made the previous month and all outstanding pending and unreported cases previously referred The Monthly Outstanding Report is used to report to us the status ofall cases referred and to return any fees due the referral service Please include the computer report with any fees due the referral service
PLEASE BE ADVISED THAT BANKRUPTCY AND SOCIAL SECURITY CASES ON THE REGULAR REFERRAL PANEL ARE EXEMPT FROM THE 12degh REMITTANCE FEE REQUIREMENT
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
May 192005 Page 2
Ifyou have any questions concerning the service please do not hesitate to contact me at 800-342-8060 extension 5810 or at kkellyflabarorg Again we welcome you to panel membership and look forward to working with you
Sincerely
~~~ Director Public Service Programs
KKJebXI04
Enclosures Referral Fonn Lawyer Referral Service Operating Procedures Client Survey Fonn
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
Jan-27-2006 0309pm From- T-105 P001002 F-314 LLAllUl~-dU111~~lUl~ rA
352-376-4694 Fax~ 352-971-7366
1-800-454-3476
Fax Cover Sheet
To Edith Trotman Program Assistnat Date 27 January 2006 Public Service Programs
From Roben W Bauer Esq Pages 2 (including cover page)
Sub~iect Categories OfLaY Fonn Matter No
Fax to (850) 561-5818
COMMEN~rs
PLEASE SEE ATTACHED Categories ofLaw Form completed by Robert W Bauer Esq Please update your records accordingly Thank you
PLEASE NOTE Mr Bauer does NOT do
Family Law Medical Malpractice Auto ContractslLemon Law Police Abuse Cases
Mr Bauer does provide free COllsultations regarding Personal Injury matters
Also please not that our address has changed to the following CLAYTON-JOHNSTON PA Roben W Bauer Esquire 18 NW 33rd Court Gainesville FL 32607
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
I
Jan-27-2006 0309pm From- T-l05 POO2002 F-314
I
CATEGORIES OF LAW (Page ~~fil J Ple~~ i~i~t D~lnw each wea ofla Cor whl=h you reqlleSI Jlfte~o ULd in whi~hyou lire curtlla)middot ~ompe ~et~t experleJJced ~nd
trhne~ ~ li)cdce (p1t=a5e limit it ~o no mOre ~b~n 56 ~fOlt Qtlaw) bull r bull --- shy
t DptlOw PNAI~
R~ampJar Low fl~lJPr~EL~
Regulv LUk P~cl Ftf1 E1c1art) Panel
1-OM IN Sr~ArIVECO IRNMENT REAl FROPERTY-shy _~WIIt
Ad~~lpUst~tle (011 C 0 C~~donnlum Law (el)- bullbullbullrApt o Chtl(ltCt ~d F8m~lles Leaa Ma~ter$ ~ EmJ~nt OtJ~uieoru1imnat1Dc (6) AFOC oster Care ChIlel Ab~ WfJllilr~ tt() (021
lkensine ~O3) lotampdJ~1~1l(td~(04) M1l1teyVt tercnmiddot 3eneIa OS S~l middotw$ducarlon (06J SOda1 ~sty laquo(1) Soci~ S~rlty OssbUity (98) Work~~middot Cornpensatio~ - Fd~i (OS) Worken CampeosKt1On - Stat~ ~O9 UnmpJ~ynerJt Coa1pVD~=n (99)
S~SS Aotl-Trust (11) Bartkrlpt~ - CrrPlgtmr~ (2) ~uan~~ ~cantrilC ett (13) CQUee~~)~ (1) CornJlKtclramp ilCgyen~on (15 COiyt18~WTrBiemar~ (18) Ftalchi5~ Lw U1) Patzn~ ()8 Scentcrt)~s (39)
tONST~TUTICrNAl UWtNDJDlru lUCHTS ~ Fim Am-d~ ~Ies (20 - bull 777F77M CJ C l1akd Ict (Z2) CvJ RJfi~ -General 2S) Ibull
il Age aa1m1naCIAO bullb R3ciallEthntc D1s~ttniNltion c Conder D1SetinI1natJon bullbull
Pieul sped(v other cJvll righc$ ~as
Amtamprlcans Wid Disabilities Ac (ADA) (26) [] ~1IJse ArrestJPolce BN~ltY (37) C HarassnalJt (aa) SexUEJ HerbSm~nt (ZS) bullbull CONSUMER Caramp~mCY CollCII(dofJtS (31) CJ ConiUlnr (~nerrJ - Contratts W~ltanles ~c) (32) bullBank1ng La~ 33J 0
CDnsumeJ- CttdJt~ePD~esslo1$t~ Gam1shment C~) CJ
Iru-unulce Law r3e) 0 Lemon Law (37) C PlfQnBl ampu1kJuraquotey (S8) c
CRIMlNU DU~ (41) 0 Fe1Dnr (42) tJ Dom~c VlQieou (43) 0 J~~l1e - Crlmlr-l (44) c Mtzemeanor (40) C rra-amp laf~laSILIceD5C5 SUS~n$lgmc (4S C Pam1~[obat1Qn (48) 0
PAilLl LAW hmIy Law - General (50)
J
Ad6ticn (51) I Ctl1d C~ jlStaCon (53) ChUd Supra t54J OlzoludODlSeumJonlJnnuldscnt (55) GUbtdia~ (56) C J UYCInU~ - S$aillDMoL1S (67) C NilimB lti1ll11ge (~)
~ P~tfmlt) (59)
liamecmiddotNIWmiddot~ PssodatlOQ (6l II Cl ~ C Land1anVrenant (IK) bull 0 11 [J ~J~1tJ IKctJ eltber landlord 0- ~nl~~ 0 0 C M~Ue Home Law (65) 0 0 C Mort~ FottdOf~e (66) bullbull0 C CJ RI~l EI~~ (G~tIIra1 - Purchaw c rJ C sale or Pra~ COntractS etc) (61) bulla tJ n ~~d 11bullbull (69) bull[]0 0
bull C 0 t 0 [J I) ~ tJ PI - Tgteteme (76) C rJ U Pi - Pltllnt~ff (17)~ 11 tJ Q Proltucta 113bJJ 1~)- (18)
Propert)1 Ian~ge (7S~~ AutgmcbIJe ACddeuS (SO)
WltlSlPROEJATE C C
Wllls (81)Q D [J C ~ardJansh1p (83)
L~T~lS4)C 0 1~inI WID (85)C LJ ~~_(86J SImple WIth (87) Tt~~ta= Planltng (Sa)
c C C t1 MISCELLANEOUS C C Admkalry (101)
[] ~I
~Ipound tJ At1~ - Civil (1 C~)
- Appe~ - CrlminaJ nOS) A~ture (104)~
AViatWD Law (105)[J J ~ fftalrh Linv (loe) C9nsuurtlon Law (101)C C CUrl~QlM (lOS
D C EntclUfnmlm and SportS Law (] O~)
EtMronlMntal ~ (llO) ~
C C ~ Ctntral Practice (Ill)0 C 1 IlcJer 1AY (112)0 C ~ Immlsr-t1Dn Law (liS)C 0 ~ International Law ( 14)
~ Labor Law (II S)
Fee Eldr-rly
EI ~ Cl tJ umiddot ~
C 0
tj ~ C Cl
0 CJ CJ 0
0 0 [J TORn tREPpoundRKALS O~J lUlJJJAR PA1cEL C~ILt J C CJ[j DtJml Mllpraetica (70
Fnud (1~) 0 Legal raL~c gZl
~
~
i IJbe~ and Sand 3)C 0 C 1j bullJcolcal MalPT~ce (74)C D C Other MalprCtctlce (750 C itbulltJ C C Pl~ate ~pec1fy t)~ e-f Cthe Dia1p1~etjC~
bullbullbullbullbull ~ C 0 C 0 C
[]C C C C 0
C J C [J Cl c C ~
~ 0 0 0 [] 0 CJ c t
tJ Cbull[J 0 0 0 [J Cl
c CbullC 0 C C C 0
bull C C
CJ CJ C]
tJ CJ C C C
[] C c [] [J C
PJease pe~- eltbelt ~p1()yee Dr MJPlo~erc CJ C C Pen5ton Law (116) C [J 0 C D Ptt~ PfOJ1Y (B) C 0 C [J Q Taodon (118) 0 [J C 11 ~ ~L=w(119) C C C C C rJ U IjJ~tllrlcentemnowlng LP9S ol~
n c C C Ot~ ca~~la not CQvered abGt C C ~
C c
iC 0 C c Areal or $pedal IfttcrcstJexpeltl$e0 ~ ~ 0 C C 0
10
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
APR-30-2008 1709 From To 18505615818
THE LAw OFFICE OIJ 2815 NW 13(h Street Suite 200E
ROBERT W BAUER PA Gainesville PL 32609
felc 3523755960 Fax 3523372518
TO
cc
FAX NUMBER
FROM
DATE
RE FIBar11058
rntemet uld~llS RWBbnuerlegalcom
The Florida Bar
850-561-5818
Robert W Bauer Esquire t l D 5 lt 42908
Areas of law to list with Florida Bar
NO PAGESCOVER SHEET 1 11
Please find attached the categories of law for which I would like to have referrals
Please update your records as soon as possible
Thank you
Please note our new address above
IF YOU DO NOT RECEIVE ALL PAGES OR IF THERE ARE ANY PROBLEMS PLEASE CALL AT THE NUMBER LISTED ABOVE
THE INFORMATION CONTAINED IN T~IS FACSIMILE MESSAGE IS ATTORNEY PRIVILEGED AND CONFIDENTIAL INFORMATION INTENDED ONLY FOR THE USE OF THE INDIVIDUAL OR ENTITY NAMED ABOVE IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT YOU ARE HERESY NOTIFIED THAT ANY DISSEMINATION DISTRIBUTION OR COPY OF THIS COMMUNICATION IS STRICTLV PROHIBITED IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE IMMEDIATELY NOTIFY us BY TELEPHONE THANK YOU
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
LOw Jclo Elderly
0 0
To 1851215615818 04292008 1402 FAX 8505615818 THE FLORIDA BAR
APR-30-2008 1709 From
I
IPage2of2CATEGORIES Ofi LAW Pl~ fndlaa~~ each area of JaWtOl wJaicb you reqtIIlst lefe~IIJd in lVhich yuu ~ evlNll~~utaperieaoecl_ I
traiDed to pndUraquo (plaus llmc II to no more tIwlll8 __Cltlawgt I
omoNALtNIILS I Rplar 1Anfaelar (PaDel Fee ElderlyPaDel
REAL PROPERTY Adminlstratlw (01) rg~VERNMENT
OoGdomlniWlllAw (61) ~
~ofChildren and FaaJ1IelI LIIpl Mttvn ~ ~ 0EminentmiddotDomainl(qDd=atioD (62) C Pbncr O~ Child Abuse HamtlOWMJi1 Apoundstlciatian (63) [J~ 0Welfare ett) (02) 0 0 D LandlordlleDant (64) [J~C
LioeIJ1Di (03) 0 [J [J Pleue specitY eitll1luull6nl 6t4 toaonI ~Idicaid (0) 0 0 0 Mob1lQ Home La (65) Cl a MillWyiVeterms Bendt (O~) [J [] D ~a~e(~) ~ 0 D School LawlEducation (oe) 0 0 0 Real Esta~ (Geneml- Purtha5el Social ~ (o1) 0 D [J sale ofProperty Contrllcta etc) (67) 0 CI ISocial Seeurtty D1eabWty (98) C 0 D Zo~1Dd tJll8 (69) ~ 0 0 Workers ltO~atiOA - Ft4IUAl (08) 0 IJ 0 II WfJrktn Compenaatian - statAl (09) 0 D 0 TOIlTS (RElIEIIRAIJl ON REG1JIAR PANEL ONLY) Unemployment (lgmpooBDtion (99) C 0 0 DQIlW ~racaeo(70) g
Proud (71) BVSINIDSS tegal MalprtJtico (72) C AJl1iTnut (11) 0 0 0 ubll Slander (73) (W
BanluuP~CwpoRtc (12) 0 Cl ~Mayen~(7) D BWnesa ( tracts etc) (111) ~ CI 0 Oth6J Malpraaice (75) 0 Co11oet1oca (104) 0 0 Plealic lpecJJ7 tJpes of other malpraetl~
1
I~ LitlptlClD (1~) ~ CI 0 CoPJrightelIrademlUks (16) lJ 0 0 IFrmch1M Uar (17) 0 [J 0 PI - Derens~ (76) IPatants (18) 0 0 0 PI - PaintiH (17) ~ SleauritielJ Cl1) CJ 0 0 Prod~ X~bUity (18) I
Property Damllg1l (79) ~ CONampTt1UT10NAL LAWJJNI)IYlDUAL RIp Aatomobile AccidcJLts (SO) V First AmendMent ruOll (20) 8 tl [J
Boker Act (22) 0 0 WILUWROBArE Civil Rights - General (25) 0 0 0 Willi (81) LI 0 0 ~ aA~~ [J [J 0 Guardianship (83) il D CI (b- RaciaJEtbnlc ntllCimtnatlon 0 [J lJ L1Yiz1g ~tpound (84) 0 0 0 Ic ltkDdcr D~tiotl 0 0 0 LivUl( Wl1 (~ D C
Please spedfy otbm CllYil rlb~ areas Probate (56) ~ 0 0 ( Simple W1ll4 (87) 0 Cl [J
Tru9telE8ta~tate P1ama1Dg (aB) [J 0 0 I Afiietidlfi riM DIiiIfWtiiliAa CADN (26) 0 [J CI False AJTes~ Brutality (27) 0 [J 0 MlSCELLAMlOVS I HarBIJIID1C11t (2$) g 0 IJ i
Admiralty (101) D [J 0sexual Harusment (29) 0 0 Appeals ~ C1viJ (LOli) cr C 0 Appeals-Criminal (103) [J J
CONSUMER [J 0~Nn(l04)
COlamp1Imll Collectians (3l) m [J 0 AvitiOD Iew (105) [J [J CI f Conmmllf flMlth LInt (106) Q C (GCaral- Ccmba$ W~~etc) (32) gj D Cl Comtrulttion Law (107) i IJ 0 I
BankiQgLa (311) rl C Cllpoundwnc (108) D 0 D i COMWllOl CrMitlReposseampampioDsl ~tertaimnent aDd Sporbl Law (109) 0 0 Gamia~(U) [J 0 EIlvlron~ta1 Lilw (110) ~ C C l
Immruna Law (36) ~ 0 11 G8n8ral Practiee (11 1) ji 0 0 ILamon L4w (37) 0 0 0 ElduLaw(lW D C 11 PwsoIlll1~(3a) D CI 0 ImmiIration Law (113) [J lJ D (
Intem4t1olW 1411 (114) 0 D IJ IClUMINAL LabGr Law (lUi) CI 0 D
DUl(41) D 0 0 Please specify eitllet fmf~or ~r I F111a1ly (G) 0 Cl [J Domeetic Violenoe (49) C C C Pension Luw (115) Cl 0 I
Personal Property (91) [] 0JlMln1le - Criminal (44) 0 0 0 ~ iluAdazl (118) 0 0MiIcJW1IDar (4a) 0 CI 0 Animl1 J~aw (110) ~ 0 0 ITrapoundlic ~icenae SWpe11ll1cma (48) C C C
Pl1ClJeIPro~tion (49) 0 0 C IWUP~ a~tliDmiddottbeto~~ of law
FAMILY LAW Pr ~ 11 Pnmay La_ - (knonll (00) 0 0 0 Adoptian (1$1) C C C
Other Ollt~ries DOt covered ~Child CUllfltJdrIVJOi~twu(~) a 0 C Child Support (54) c C []
~oq1ltamp~PGIIltioDfampmWment(55) CJ D CI Gwudiansbip (56) 0 c 0 J~-~~(o7) 0 0 0 ~eas otllpeciAl iJltcrcatlczpcrtise ~c ~c )~ + L i hS-~ rJ Name~e(58) Cl 0 CJ PAtarDi~ (IS ) 0 0 0 Nh~ SLt~tt 1hcJ ~4 Dl~ ptStLkr
I10 i
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
Law Office of Robert W Bauer PA
The Law OfIices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlega1com
Robert W Bauer Esq Tanya M Uh Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008 Please Review Document
2nd District Court ofAppeal 1005 E Memorial Blvd Lakeland FL 33801
Re GILLESPIE vs BAKER RODEMS amp COOK et at Case No 2D08-2224
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Sincerely 1
1lJUL1 J~ (
Meghan E Godb
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
fN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
APPELLAIE DIVISION
NEIL J GILLESPIE APPELLATE CASE NO DefendantAppellant
Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAM J COOK
PlaintiffsAppellees
-----------------
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esg Attorney for Plaintiff
Neil Gillespie (hereinafter Plaintiff) files this Motion
for Withdrawal of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as
counsel because Movant is unable to communicate effectively
wi th Plaintiff in a manner consistent wi th good at torneyshy
client relations
2 The settings and deadlines in this case are as
follows
NONE
3 This Motion is not sought for the purposes
of delay
4 A copy of this motion bearing the enclosed notice
has been delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
right to object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE HEARING IF YOU DO NOT OPPOSE Robert W Bauer Esq I S WITHDRAWAL AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve
disputes with Plaintiff and continues to be unable to
effectively corr~unicate with Plaintiff
WHEREFORE Movant requests that the Court enter an
order discharging Movant as attorney of record for
Plaintiff Neil Gillespie and grant such other and further
relief that may be awarded at law or in equity
I certify that on October 13 2008 a true and correct
copy of the foregoing was served by US mail on Ryan
Christopher Rodems Esq at
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
~~ ~W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Off ice of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
-----------------
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT
NEIL J GILLESPIE
DefendantJAppellant Case No 2D08-2224 Lower Court Case No 05-CA-7205
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
PlaintiffsAppellees
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as counsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully fmding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment ofSll550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiff believes any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel ifyou chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In Februmy 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not fmd counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause ofaction has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even if his relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law fIml with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of$18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him Plaintiffhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed Plaintiff to the brink ofbankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to PlaintiffofS1921244 paid to Mr Bauer so that plaintiffmay
attempt to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome ofthis case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy ofthe foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
ROBERT W BAUER PA 2315 ~V J3th ~~trd-~l SuiTe 200 G~inovdlC FL 32t~19
vw baucIk-gaL clt)n1
~(herr lVHaucr 1deg-1 ruJViJ Af [bl Fmiddot~~j
Pht~rh~ (~middot5)~~75~)960
Fax 352)i372S] ~
July 242008
rhe J-fonofable Jarnes Iv1 R3rtlt)n~ JI SOO E Iviggs St H00I11 512 TanJI)a) FJ()fida 33602 imiddot]alllier of delivery - lJS I4liJ
Rc CiilleSl)je v~ Barker~ Rodenls and C~ooke
Dear Judge
Afler sptaking vith Illy client ll1aking a thorough reviev of our files and ~onlputer
records I must rcgretfull~ inf()rni the court and opposing counsel that I inadvCl1ently J11ade nlisrepresentations at our last hearing In that hearing I stated that my otlice had f()fvarltlcxi the lnfornlation Fat Sheet to ~vtr Gi Ilespic I also stated that l11Y oflice had called hitn tC) tell hin) to till it out I now understalld that vas not COITect Because ofnl) assertions the Cou11 fltlund tvlr (tillespie to be in cc)ntelnpL I ~ish at this tiIne set the record straight
lllilc ] did truly believe that those things had happened at the tilne I adised the C()Uft of such 1 IlOV knov that I -ra~ in Crlraquo) in not having personally conti1111ed such J take full responsibi lity )f the error and J fish to claJify this to insure that the court realizes thal middot1r (lillespie did not igllore tlle courts directivc_
1 apologize both to the court opposing counsel tnd 11r Gillespie tor illy errOl
l(obc11 Vmiddot Bauer Esq
cc Ryall RodclllS
lei lt~iJJespie
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA SECOND DISTRICT POST OFFICE BOX 327 LAKELAND FL 33802-0327
October 302008
CASE NO 2008-2224 LT No 05-CA-7205
Neil J Gillespie v Barker Rodems amp Cook P A amp William J Cook
Appellant I Petitioner(s) Appellee I Respondent(s)
BY ORDER OF THE COURT
Attorney Bauers motion to withdraw as counsel for the appellant is
denied
I HEREBY CERTIFY that the foregoing is a true copy of the original court order
Served
Tanya M UhJ Esq Neil J Gillespie Robert W Bauer Esq Ryan Christopher Rodems Esq Pat Frank Clerk
es
James Birkhold Clerk
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
The Law Offices of
Robert W Bauer PA 2815 NW 13th Street Suite 200 Gainesville FL 32609
wwwbauerlegalcom
Robert H Bauer Esq Tanya Atf Uhl Esq
Phone (352)3755960 Fax (352)3372518
October 13 2008
Hillsborough County Clerk of Court PO Box 989 Tampa Florida 33601-0989
Re GILLESPIE vs BAKER RODEMS amp COOK et at LTNo05-CA-007205
Dear Clerk of the Court
Enclosed for filing in connection with the above referenced case please find the following
bull Plaintiffs Motion for Withdrawal of Counsel
If you have any questions then please contact me at 352-375-5960
Thank you for your assistance with this matter
Mr Neil Gillespie 8092 SW 115th Loop Ocala Florida 34481
Ryan C Rodems Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
Case No 05-CA-007205 Division F
NEIL GILLESPIE
Plaintiff vs
BAKER RODEMS amp COOK a Corporation and WILLIAM J COOK
Defendants
-----------------_
PLAINTIFFS MOTION FOR WITHDRAWAL OF COUNSEL
Movant Robert W Bauer Esq Attorney for Plaintiff Neil
Gillespie (hereinafter Plaintiff) files this Motion for Withdrawal
of Counsel and alleges the following
1 Good cause exists for withdrawal of Movant as counsel
because Movant is unable to communicate effectively with Plaintiff
in a manner consistent with good attorney-client relations
2 The settings and deadlines in this case are as follows
NONE
3 This Motion is not sought for the purposes of delay
4 A copy of this motion bearing the enclosed notice has been
delivered to the last known address of Plaintiff
Neil Gillespie 8092 SW 115th Loop Ocala FL 34481
5 Plaintiff is hereby notified in writing of the right to
object to this motion
NOTICE YOU ARE HEREBY NOTIFIED THAT THIS MOTION FOR
WITHDRAWAL OF COUNSEL IS SET FOR HEARING AT THE TIME AND PLACE SET OUT BELOW YOU DO NOT HAVE TO AGREE TO THIS MOTION IF YOU WISH TO CONTEST THE WITHDRAWAL OF Robert W Bauer Esq AS YOUR ATTORNEY YOU SHOULD APPEAR AT THE
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
HEARING IF YOU DO NOT OPPOSE Robert W Bauer EsqS WITHDRA~ AS YOUR ATTORNEY YOU MAY NOTIFY Robert W Bauer Esq IN WRITING OF YOUR CONSENT TO THIS MOTION
6 Counsel has made a good faith effort to resolve disputes
wi th Plaintiff and continues to be unable to effectivel~ communicate
with Plaintiff
WHEREFORE Movant requests that the Court enter an order
discharging Movant as attorney of record for Plaintiff Neil
Gillespie and grant such other and further relief that may be awarded
at law or in equity
I certify that on October 13 2008 a true and correct copy
of the foregoing was served by u S mail on Ryan Christopher Roderns
Esq at
Ryan C Roderns Esq 400 N Ashley Dr Ste 2100 Tampa Florida 33602
ert W Bauer Esq Attorney for Plaintiff Florida Bar No 0011058 Law Office of Robert W Bauer PA 2815 NW 13th Street Suite 200E Gainesville FL 32609 Telephone (352) 375-5960 Fax (352) 337-2518
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
----------------
IN THE CIRCUIT COURT OF THE THIRTEENTH mDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY FLORIDA
NEIL J GILLESPIE
Plaintiff Case No 05-CA-7205 Division C
vs
BARKER RODEMS amp COOK PA a Florida Corporation and WILLIAMJ COOK
Defendants
Plaintiff Neil J Gillespies Objection to Attorney Robert W Bauers Motion For Withdrawal of Counsel
PlaintiffNeil J Gillespie objects to the motion for withdrawal ofcounsel
submitted by his attorney Robert W Bauer dated October 13 2008 and states
1 Good cause does not exist for the withdrawal ofMr Bauer as coWlsel Mr
Bauer has done well with the substantive case but has had problems with details and
deadlines During a hearing on contempt on July 1 2008 Mr Bauer inadvertently made
misrepresentations that resulted in the Court wrongfully finding Plaintiff in contempt
Mr Bauer later wrote a letter to the court admitting his error (Exhibit 1) In another
instance Plaintiff requested Mr Bauer stay ajudgment of$II550 entered March 27
2008 Mr Bauer filed an untimely motion to stay on June 9 2008 and failed to have the
motion heard until after Plaintiffs bank accounts and attorney client trust fund were
garnished It is clear that Mr Bauer needs co-counsel to assist him
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
2 Plaintiffmade a good faith effort to resolve any dispute with Mr Bauer and
Plaintiffbelieves any dispute was resolved On October 10 2008 Plaintiff and Mr
Bauer reached an agreement where Plaintiffwould retain co-counsel to assist with the
case Mr Bauer responded by email I will willingly work with co-counsel if you chose
to retain such This is the second time during Mr Bauers representation that outside
counsel was retained In February 2008 Plaintiff retained counsel to supplement legal
research for Mr Bauer which allowed him to focus on the substantive case
3 Mr Bauers motion does not set forth a notice of hearing as required by law
4 Mr Bauers withdrawal will have an adverse effect Plaintiff commenced this
lawsuit pro se because he could not find counsel to represent him While proceeding pro
se Plaintiff made procedural errors because he is not an attorney and was sanctioned
$11 550 Yet a cause of action has been sustained against Defendants on two separate
occasions - once on a motion to dismiss and again on a motion for judgment on the
pleadings Mr Bauer is uniquely situated and advised about the case even ifhis relative
inexperience would benefit from co-counsel
5 Mr Bauer has simply grown tired of litigation that has proved difficult and he
wants to move on to easier and more profitable matters On August 14 2008 during an
emergency hearing for a stay before Judge Crenshaw Mr Bauer complained to the Court
that Mr Rodems decided to take a full nuclear blast approach instead of trying to work
this out in a professional manner Mr Bauer has chosen to be a litigation attorney and
in this case he decided to litigate against a law frrm with far more experience Mr Bauer
has 3 years experience and opposing counsel 16 years experience opposing counsels
three lawyer firm (also the defendants in this case) have 48 years combined experience
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
The remedy is not to let Mr Bauer avoid his responsibilities but to give him the tools to
proceed namely experienced co-counsel
6 Mr Bauer has been paid $1921244 cash to represent Plaintiff an amount that
exceeds the original estimate of $18000 Plaintiffconsiders Mr Bauer to be paid in full
pending evidence to the contrary Plaintiff also paid outside counsel $1500 in February
2008 to do research for this case Since Mr Bauer began representing him PlaintifIhas
paid or incurred $46000 in legal fees sanctions costs and expenses in this action and
this has pushed PlaintifIto the brink of bankruptcy
7 In the event Mr Bauers motion for withdrawal is granted Plaintiffrequests
a Return to Plaintiff $1921244 paid to Mr Bauer so that plaintifImay attempt
to hire new counsel
b Stay the $11550 judgment to defendants pending the outcome of this case
WHEREFORE Plaintiffpro se requests that the Court enter an order denying Mr
Bauers motion to withdrawal as counsel for Neil J Gillespie
I certify that on October 15 2008 a true and correct copy of the foregoing was
served by US mail on Ryan Christopher Rodems and Robert W Bauer at
Ryan C Rodems Esq Robert W Bauer Esq 400 N Ashley Dr Suite 2100 2815 NW 13th Street Suite 200E Tampa Florida 33601 Gainesville FL 32609
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
ROBERT middotW BAUER PA
X~hen Itmiddotmiddot J)-i iitt 1shy
I~ilJ~f fJhl E~i
J li iy 2-~~ 200~
TiI Ji Ul~urflbh Jarnes rv1 I~arron 11 S(j(j Elviggs Sr H00111 5 L2 Tnl11)~1 lmiddotlorilht 3~~602
IJ lUller of (lcliY(ry - lLS liail
Rmiddot (iill~spie VA 13arker lltodclns dud ()oke
Dtar Judge
~fter speakil1g Vilh I11Y client~ 111akll1g a thorough rcviCy (Jf uur tiles and C()lIijlHcr
rC~_ords I n1ust rcgr~tiill1y inf~)rnl the court ~uld opposing counsel ihat 1 ina(I~~11ently 1Jl~ldc
ndsr)r~sentatjons at our la~~t hearing In that hearing I stated that ffly office had hJJardcd ih In1ltHll1ation Fact Sltcet 10 lr (jjllespi~ I also st~1ted thjl )ny oftice hld called hinl l() tell hinl to fill it out I nov undersTand fhal vas not COlTccL l3c(ause of rny assertions th-c C)UTl -lHlnd ltr (]illt~pie te) b~A in conten1pt I -vish at this riu1e sel thc4 record straight
l11ile] did truly believe lbat rlh)Se things had happentJ at the tin1C I ~ldised the 4ourt of
such~ I nomiddot knov lhat I vas in crr-gtr in not having personally ontirn1td ~UCh4 j tak~~ tul r~sp~nsibnity f() the ern)f ~nd 1 vl~h to clarify this to ill-sure that the c()urt realizt~s tJLit 1r (JilJespie did not ignore tllC L)Urts dirc(tive
J(ht~11 V 13au~r Esq
~( j(yan R~d~rrls
Neil ( iJll~spj(
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
Neil J Gillespie 8092 SW IISth Loop Ocala Florida 34481
Telephone~ (352) 854-7807
email neilgiIJespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7008 1140 00006023 8332
October 27 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer middotPA 2815 NW 13 th Street Suite 200E Gainesville FL 32609-2865
RE Americans with Disabilities Act (ADA) request for accommodation
Dear Mr Bauer
This is a request for an accommodation under the Americans with Disabilities Act (ADA) regarding your motion to withdrawal as counsel Your motion states [M]ovant is unable to communicate effectively with Plaintiff in a manner consistent with good attorney-client relations Therefore I request an accommodation to restore effective communication with me in a manner consistent with good attorney-client relations
I believe this request is reasonable because
1 At this time I cannot obtain replacement counsel~
2 You have already been paid over $19)000 to represent me~
3 In July 2008 you said this case would be ready for trial in six months~
4 Currently I am in a far worse position than when you entered the case 5 Your failure to stay the $11550 judgment has unnecessarily complicated this case
Following the sanction of$11550 in March 2008 I believe we should have discussed a strategy to keep this case on track Thank you for considering my request
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
us Postal ServiceTM CERTIFIED MAILTM RECEIPT
OCALA MAIN POST OFFICE OCALA Florida
344787800 1143840605 -0096
10272008 (352)867-1603 023640 PM
Sales Receipt Product Sale Unit FinalDescription Qty Price Price
GAINESVILLE fL 32609 $042Zone-1 first-Class Letter 050 oz Return Rcpt (Green Cdrd) $220Certified $270Label 70081140000060238332
=-=-==== Issue PVI $532
FORT WORTH TX 76123 $480Zone-5 Priority Mail 720 oz Delivery Confirmation $065 Label 03070020000000907341
==-===== Issue PVI $545
Total $1077
Paid byCash $2077Change Due -$1000
Order stamps at USPScomshop or call 1-800-Stamp24 Go to U5PScomclicknship to print shipping labels with postage for other information call 1-800-ASK-USPS
Bi11 1000402833874 Clerk 15
All sales final on stamps and postageRefunds for guaranteed services only
Thank you for your business wbullbull~bullbullbullbull
HELP US SERVE YOU BETTER
Go to httpgxgallupcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS ftwmiddotWft ft
Customer Copy
rn lr -----shy~ Poslag $ ~
-D Certiled ree J-shy $_2__70_~~~~ o Return Receipt Fee $220 ~ Here o (Endorsement Required) lt ) ~
g Reslncled Delivery Fee $000 7 )~ I CJ (Endors13fnnt ReqUired) ~ ~
t- $ $532 ~OlWJOO8-middotmiddot~ r-I lOla Poslage amp Foos -gt 2 r-=1 SeTlTo-7)--- IJ A ~CI 02 1A
amp0 bull __ bullbull~~~ ~-bullbullJJtlfampkJampfJlIlrbullifT
g ~i~~poundiJwl3gtr ~ I-fYtEbullbull [- airy sPlteZ~+4 J j (e t J)60 )yt s
g c bullP caad)( CD bullwao DOD
UJ 0zDO
Domestic Mail Only No Insurance Coverage Provided)
L__~_-----~--~~--rri1b1i1
ma c tU oJ 0
~~ E -
0 2 a
=16 tG ~ ~a
nJ rn rrJ to
rn nJ tl n
CJ CJ CJ CJ
CJ r r=I -=t
I(]
Cl CJ Ishy
0
~
i
0) II)
~
J0
E ga o i G)
E B
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
Neil J Gillespie 8092 SW 11 5th Loop Ocalat Florida 34481
Telephone (352) 854-7807
email neilgillespiemfinet
VIA US CERTIFIED MAIL RETURN RECEIPT Article no 7007 0710 0000 0093 0149
November 6 2008
Robert W Bauer Esquire Law Office ofRobert W Bauer PA 2815 NW 131h Street) Suite 200E Gainesville~ FL 32609-2865
RE Second District Court ofAppeal Case No 2008-2224
Dear Mr Bauer
Enclosed you will find a copy ofthe Second District Court of Appeal t S Order denying your motion to withdrawal as counsel dated October 30 2008
Kindly communicate with me about the appeal and zealously represent me Since the issuance ofthe Courts Order I have contacted you about the appeal) specifically why you failed to submit a Reply Brief as previously agreed and you have not responded Please respond by Wednesday November 12 2008 or I will take that to mean that you are refusing to represent me and I will proceed on that basis Thank you
Enclosure 2DCA Order Denying Attorney Bauers Motion To Withdrawal As Counsel For The Appellant dated October 30 2008
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
UPADOOCK BRANCH POST OffICE OCALA florida
344749998 1143840606 -0094
11062008 (352B61-8188 035420 PM
Sales ReceiptProduct Sale Unit Final Description Qty Pri ce Prici
GAINESVILLE fL 32609 $042 Zone-l first-Class letter 010 Ol Return Rcpt (Green Card) $220 Cert i fi ad $270label II 70070710000000930149 Issue PVI $532
Tota1 $532
Paid byCash $1032Change Due -$500
Order stamps at USPS~comshop or call 1-800-Stamp24 Go to U5PScomclieknshipto print shipping labels with postage For other nformation eail 1middotaOO-ASK-U5PS
B111 1000602215278 C1 erk 02
All sales final on stamps and postageRefunds for gU4ranteed services only
Thank you for your business w~
WbullbullbullWWWk HELP US SERVE YOU BETTER
Go to httpgxgal1upcompos
TELL US ABOUT YOUR RECENT POSTAL EXPERIENCE
YOUR OPINION COUNTS wwbullbull bullbull~ bullbull~bullbullbullbullbullbullbullbullbullbull
CustoMer Copy
us Postal Service 1
CERTIFIED MAIL~middot1 RECEIPT a- (Domestic Mail Only No Insurance Coverage Provided)
~Ibullbullbullbullbullbullbullmbullbullbullbullbullbull~ c iIM
fT1 L-------r----nr-rI~~mtt_----shya-c Postage $ cJ
Certified Fee CJ o Return Receipt Fee o (Endorsement Required) 1---+---tlftH-I
CJ Restricted Delivery Fee CJ (Endorsement Required) 1----lIlr--lll~It--t
M I- Total Postage amp Fees $ cJ
Io----~ott--~
~---~--M~
~ ~~Y_~-~-1~ ~centf6t_~_ _ _
~ ~7~~~t2f~~ampIJlLJ~ilJ~~_~h~~ City State ~ tvlie ~ ~JbtJ r p65
c CJ D lJJ
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007
_ _-- -- - _a _ _ __ - -__- -0- _shy~ ~-J
o o g Pirlt~blc Version
bull Lawyer Referral Service Referral Confirmation
PLEASE PRINT AND BRING THIS CONFIRMATION FORM WITH YOU TO THE LAWYERS OFFICE 5t 7 f)~ 7
11f~At-You have been referred to 3rcfH
Robert W Bauer ----shy2815 NW 13th St St 200E Gainesville FL 32609-2865
PH (352) 3755960
FOR THE FOLLOWING AREAS OF LAW Ubel amp Slander
THE LAWYERS ON THE FLORIDA BAR LAWYER REFERRAL SERVICE HAVE AGREED TO PROVIDE A HALFshyHOUR OFFICE CONSULTATION FOR NO MORE THAN $2500 PLEASE CALL THE LAWYERS OFFICE TO MAKE AN APPOINTMENT THE LAWYER WILL NOT CONTACT yOU PLEASE REMEMBER TO INFORM THE OFFICE THAT YOU WERE REFERRED BY THE FLORIDA BAR LAWYER REFERRAL SERVICE
TO HELP YOU PREPARE FOR YOUR CONSULTATION PLEASE CONSIDER READING THE FOLLOWING FLORIDA BAR CONSUMER PAMPHLETS
YOU ARE UNDER NO OBLIGATION TO HIRE THE LAWYER
THE LAWYER IS UNDER NO OBLIGATION TO TAKE YOUR CASE
YOU MUST CONTACT THE REFERRED LAWYER BEFORE MAKING ANOTHER REFERRAL REQUEST
Your lawyer was selected based on the Information provided below
You requested a lawyer who is licensed in Florida and willing to work in but not located in a specfic county
What county Marion
We have several attonery panels please select the panel you need Regular What area of law do you need an attonery for Libel amp Slander
Do you have a special language requirement
Must the attomey be willing to make a Jail call No Personal Information Neil Gillespie
8092 SW 115th Loop
Ocala FL 34481 35218547807
httpwwwfloridabarorgDIVPGMlLROnlinensfAIVeVlTYADWFN6TFL3OpenDocument 2262007