Thirteenth Judicial Circuit Florida Clerk Docket Errors 05-ca-7205

Transcript

VIA U.P.S. No. lZ64589FP291405994 August 30,2013 Email: [email protected] Dale Bohner, Counsel to the Clerk Office of the Clerk of the Circuit Court Thirteenth Judicial Circuit 601 E. Kennedy Blvd., 13 th Floor Tampa, FL 33601 RE: Neil J. Gillespie vs. Barker, Rodems & Cook, PA et aI, No. 05-CA-7205 Dear Mr. Bohner: This letter is to inform the Clerk of errors showing on the online case summary in the above captioned lawsuit. In addition, I hereby give notice pursuant to Rule 2.430(g), Fla.R.Jud.Admin., to surrender to me the case file in the above captioned case prior to it being destroyed in accordance with regular destruction schedules. 1. The online "case summary" neglects to show Mr. Bauer as my retained counsel of record fronl April 2, 2007 through October 9, 2009. Please update or correct the record. Robert W. Bauer, Florida Bar ID No. 11058 Law Office of Robert W. Bauer, P.A. 2815 NW 13th St. Suite 200E Gainesville, Florida 32609-2861 Please find enclosed Mr. Bauer's Notice of Appearance served April 2, 2007. Also enclosed is a conformed Order of Judge Barton granting Mr. Bauer's motion to withdrawal as counsel entered October 9, 2009. 2. TIle online "case summary" neglects to show appointment of the public defender May 27, 2011 to represent me. Allison Raistrick of the Clerk's Indigent Screening Unit appointed the public defender May 27, 2011 for a civil contempt hearing. The public defender was relieved June 1,2011. Please find enclosed the Clerk's determination of indigence, and the Clerk's Receipt # 2052805 for my $50 payment. Also enclosed is a conformed order relieving the public defender June 1, 2011 by Judge Arnold. 3. The online "case summary" incorrectly shows an entry 04/19/2001 NOTICE OF FILING LETTERS WITH THE HONORABLE JAMES D. ARNOLD AND MR. RODEMS. ATTACHED. USER ID=HEALY Party: GILLESPIE, NEIL J. The date of this entry is ten (10) years off and appears to be a typographical error. The case was opened August 11, 2005, making an entry in 2001 impossible. Please correct this entry. Mr. Dale Bohner, Counsel to the Clerk August 30, 2013 Office of the Clerk of the Circuit Court Page - 2 4. Please be advised that I fired Eugene P. Castagiuolo as counsel on June 30, 2011, see the enclosed notice I filed in federal court in Case 5: 10-cv-00503. Doc. 34. Kindly update the case summary to reflect this change. 5. Pursuant to Rule 2.430(g), Fla.R.Jud.Adnlin., I request the file in Neil J. Gillespie vs. Barker, Rodems & Cook, PA et al case no. 05-CA-007205 be surrendered to me prior to it being destroyed in accordance with regular destruction schedules. 6. Regarding the entry 01/17/2012, DO NOT ENTER ADDITIONAL OCUMENTS PER D. BOHNER, LEGAL ADVISOR TO CLERK (PER COURT ORDER DATED 11/15/10), please be advised that the order tlpOn which you rely by Martha Cook, Order Prohibiting Plaintifffrom Appearing Pro Se, is not a legitimate order, but a sham order corruptly entered. Recently Mr. Rodenls submitted a conformed copy of Martha Cook's sham order to The Florida Bar as part of his UPL complaint against me. In response I made AFFIDAVIT OF NEIL J. GILLESPIE ON JUDGE MARTHA J. COOK'S Order Prohibiting Plaintiff from Appearing Pro Se [A Sham Order], June 14, 2013. A copy is enclosed. Also enclosed as a separate volume appendix to my affidavit is Plaintiff's 4th Motion to Disqualify Judge Martha J. Cook Filed, November 10, 2010. On August 21, 2013 I made a complaint against Martha Cook to the appropriate agency. My complaint shows Martha Cook failed on September 28, 2010 to properly respond to my spoken motion to disqualify her, and failed to provide me a reasonable amount of time to reduce my motion to disqualify her to writing as required by Rogers v. State, 630 So. 2d 513 (Fla. 1993). Thus, any order entered by Martha Cook on or after September 28, 2010 is not reliable, since it was entered corruptly. Thus, the order is a sham. Thank you in advance for the courtesy of a response. S· . ~ . ~ . - ' e : ; ~ 092 SW 5 th Loop Ocala, Florida 34481 Telephone: (352) 854-7807 Enlail: [email protected] Enclosures as noted Ps. Please advise if the address shown for you is correct. UPS reports it cannot locate this address in its system, although having personally visited the address, I know it is valid. IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT, IN AND FOR HILLSBOROUGH COUNTY, FLORIDA NEIL J. GILLESPIE, Plaintiff, vs. CASE NO.: 2005-CA-7205 BARKER, RODEMS, & COOK, P.A., A FLORIDA CORPORATION, AND WILLIAM J. COOK, AN INDIVIDUAL, Defendant. -------------_\ NOTICE OF APPEARANCE TO THE HONORABLE JUDGE OF SAID COURT: The undersigned attorney hereby files this Notice of Appearance on behalf of PLAINTIFF, NEIL J. GILLESPIE, and would request that all copies of all future pleadings, papers and communications be directed to the address and telephone listed below. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true copy of the above Notice of Appearance has been sent by U. S. Mail to RYAN C. RODEMS, ESQ. this 2-day of MAR'Cff2007. fl!'r, I Ryan C. Rodems, Esq. 400 N Ashley Dr., Ste 2100 Tampa, FL 33602 Law Office of Robert W. Bauer, P.A. ---­ Florida Bar No.: 0011058 2815 NW 13 th St., Ste 200E Gainesville, FL 32609 352.375.5960 352.337.2518 fax LAw OFFICE OF 2815 NW 13th Street Suite 200E ROBERTW. BAUER, P.A. Gainesville, FL 32609 Tele: 352.375.5960 Fax: 352.337.2518 Internet address: [email protected] To Hillsborough County Clerk of Court, Neil Gillespie, Ryan C. Rodems, Esq. From Robert Bauer, Esq. 2005-CA-7205 Re ~ Enclosed please find a copy of Notice of Appearance. ~ Please file in the court record. D Please forward the to the Please find an enclosed self address envelope for the return of D D Execute the enclosed summons and forward to D A Hearing is scheduled for . Your attendance is required; please mark your calendar accordingly. D D Your attendance is not required. D Please provide us with the requested information as soon as possible. D For informational purposes only; no action on your part is necessary. D Please find a check in the amount of D Your response is required, please review documents and contact our office. D I need to meet with you; please contact my office to schedule an appointment D I need to speak with you; please contact my office to schedule a telephone conference. D Please serve the enclosed document. If you have any questions, please do not hesitate to contact us at the above listed number DOCUMENT1 IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA Case No.: L.T.No.05-CA-007205 Division: Civil ~ ~ - - - - - - - - - - NEIL GILLESPIE Plaintiff, vs. BAKER, RODEMS, & COOK, a Corporation and WILLIAM J. COOK Defendants -----------------,/ ORDER GRANTING MOTION TO WITHDRAWAL AS COUNSEL The Court considered the Motion to Withdrawal as Counsel filed by Attorney Robert W. Bauer. Plaintiff, Neil Gillespie, appeared in person, pro se., Defendant, Baker, Rodems, & Cook, failed to appear. Defendant, William J. Cook, failed to appear. Robert W. Bauer, Esq appeared in person Based upon the pleadings, records, documents filed by counsel, and the arguments ofcounsel at the hearing, the Court finds that the Motion should be GRANTED. IT IS THEREFORE ORDERED that the Motion to Withdrawal as Counsel is hereby GRANTED IT IS FURTHER ORDERED that the above action be shall be stayed for 60 Days to allow the Plaintiffto find replacement counsel. Ifwithin 60 days a notice ofappearance has not been filed Page 1 of 2 - ORDER GRANTING MOTION TO WITHDRAWAL AS COUNSEL the Plaintiff may be served at: Mr. Neil Gillespie 8092 SW 115th Loop Ocala, Florida 34481 DONE AND ORDERED in chambers, in Hillsborough County, Florida, this day of ,2009. ORJaINALSlGNED OCT 9- 2009 .U.aARTON LUITJUDAe' " Honorable James M. Barton II, Judge Presiding COPIES FURNISHED TO: Ryan Christopher Rodems, Esq. Attorney for Baker, Rodems, & Cook and William J. Cook Robert W. Bauer, Esq. Neil Gillespie Page 2 of 2 - ORDER GRANTING MOTION TO WITHDRAWAL AS COUNSEL __ _ IN THE CIRCUIT/COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA CASE NO. =-ST-:-ATE--:--Of=F::-LORID---=-A::-:--Yl......-'-'=-'--1-................:.; { \ 'E: D_lldallllllnor Child / APPLICATION FOR CRIMiNAL INDIGENT STATUS '_··lY"':'_1A . AUM SEEKING THE APPOINTMENT OF THE PUBLIC DEFENDER OR _I HAVE APRIVATE ATIORNEY OR AM SELF-REPRESENTED AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS Notice to Applicant: The provision of apublic defender/court appointed lawyer and costs/due process services are not free. Ajudgment and lien may be imposed against all real or personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a$50.00 fee tor each application filed. If the application fee is not paid to the Cieri( of the Court within 7days, it will be added to any costs that may be assessed against you at the conclusion of this case. If you are aparent/guardian making this affidavit on behalf of a minor or tax-dependent adult, the information contained in this application must indude your income and assets. 1. Ihive.l!)...JHpendenm. (Do not incl children ';;'t IMng at home and do not include a working spouse or yourself.) 2. Ihive I take home Income of $ paid ( ) weekly ( ) ( ) semi-monthly ( ) monthly ( ) yearly (Take home income equals salary, wages, bonu s, commissions. aUowances. overtime, tips and simHar payments. minus deductions required by law and other courl-orde19d support payments) .k. II L : 3. Ihive c:a .. ( this otherwise compensation Child support or other regular support I §J Union F Yes $ 0 from family memberslspouse...... \, Yes $ Wor1(ers compensation Yes $ Rental income................................. Yes $ Retirement/pensions Yes $ Dividends or inlerest.......................... Yes $ Trusts or gifts Yes t: Other kinds of income not on the list...... Yes $ 4. "No." Bank accounI(s) Yes [email protected]$,----' ·,"-­ certificates of deposit or . 'Equity in Real estale (excluding homestead) Yes $,_-;1""""'-__--1 money mari(et accounts Yes $ @> 'Equity meMS velue minus loans. Also list any 'Equity in MotorVehicleslBoats/ in an interest in such properly. Othertangbleproperty Ustthe adcJress of this properly. Ustthe yearlmakelmodel and tag#: I Jd? Address --'-_ sci- City, Stale, =0 r-"'" County of Residence :::; 5. Ihive a total amount of Illbillties Ind debts In the lmount of () (,)) 6. Ireceive: (Cirr:le "Yes" or "No' Temporary Assistance tor Needy Famifies-Cash Assistance......................... Poverty-related veterans' benefits............................................................................................................................................... Yes Supplemental security Income (551)............................................................................................................................................... Yes 7. I hive been ",leased on ball In lhellllOllnt of $ Cash __Surety __ PostIId by: Self __ Family __ Other A person who knowingly provides false information to the der1( or the court in seeking adelennination of indigent status under s. 27.52, F.S., commits. amisdemeanor of the first degree, punishable as provided in s. ns.082. F.S., or s. n5.083, F.S. I attest that the Information I have provided on this Application Is tru, and accurate to the best of my knowledge. '.'­ Signed this ;?7 day of J.1, ,2olL. Date of Birth S r /9.. 19S-b Print Full L al Name Driver's license or ID numbeb 'tC;! S{, Zip Phone number CLERK'S DETERMINATION n the inJ nnation in this App.lieati6ii. I have detennined the applicant to be ( ) Not Indigent P blic DeJ nder is hereby appointed to the case listed above until relieved by the Court. PAT FRANK Cieri< of the Circuit Court This fonn was completed with the assistance of __Cler1laintin: ·Neil J. from appearing pro se, and also directin.g the office not to accept any more filing from Mr. Gillespie. Since tllat time, the Clerk's office has accepted a number of filings from Mr. ·Gillespie. A copy of Judge Cook's Order is enclosed. Would }'OU please explain why your office has not complied ",ith Judge Cook's Order'? RCRIso 9 STATE OF FLORIDA NEWS > BREAKING NEWS Critics: Judge with interest in bank shouldn't hear foreclosures A DV E R T I S E ME NT Castellano Cosmetic Surgery Center - $25 for $50 worth of Any Cosmetic Trea... A DV E R T I S E ME NT TBO Deals Get $1 off any WhoNu? Nutrition Rich cookies with coupon! Deal Details 9:03 a.m. Beginning Sept 10, students get admission to Adventure Island for only $24.99! Deal Details 8:07 a.m. Today's deal: Only $25 for $50 worth of any cosmetic treatment at Castellano Cosmetic Surgery Center Deal Details 7:04 a.m. More TBO Deals Page 1of 2 Critics: J udge with interest in bank shouldn't hear foreclosures 8/31/2011 http://duke1.tbo.com/content/2011/jul/21/211756/critics-judge-with-interest-in-bank-shoul... 13 Mike Bridenback, court administrator for Hillsborough County, said Cook was the first to add foreclosure cases to her J uly calendar. Working through the backlog is important to the circuit, he said, but judges still want to give homeowners who chose to fight their foreclosure a chance to be heard. Bridenback said he wasn't aware of Cook's relationship with the local bank. He said each judge has to decide whether they have a conflict of interest and that he's not aware of any problems with her cases. "J udges have lives beyond the bench," Bridenback said. Henry P. Trawick J r., a Sarasota lawyer and author of Florida's Practice and Procedure, a textbook used by lawyers, said it's good that Cook disqualifies herself from hearing cases that involved her husband's bank. But he said she should go a step further. "I think she shouldn't hear foreclosure cases," Trawick said. "That's what I would do if I had that close of a connection, but perhaps my ethical standards are higher." The problem, Trawick said, is whether or not Cook shows favor to the banks; those representing homeowners may feel like she might. Hillsborough's other nine judges have not owned bank stock over at least the past four years, according to state disclosure documents. Stopa, the foreclosure defense attorney, said Cook once told him in court that she thought the "only way to improve the economy is to push through foreclosures as soon as possible." Cook said she was misquoted, but she declined to correct the statement. Mike Wasylik, a foreclosure defense attorney, said he's had few cases before Cook but is uncomfortable with her connection to a local bank. "A judge has the duty to avoid even the appearance of bias," Wasylik said. "She may have personal opinions about the need to push foreclosures through quickly." Phyllis Kotey, a professor at FIU School of Law, said the connections show an "appearance of personal and financial interest." "At the very least, parties before her should be put on notice and have the opportunity to object to her hearing their cases." [email protected] (813) 259-7804 Twitter: @TBORealtyCheck Coupons and Deals Games, Puzzles & Trivia Advergaming and Branded Media TBO.com - Tampa Bay Online ©2011 Media General Communications Holdings, LLC. A Media General company. Member Agreement | Privacy Statement | Work With Us TBO.com:Feedback | Advertise With Us | Email Alerts | SMS/Text Alerts | Make Us Your Home Page | Member Center | Contact Us | Site Map | Media General Operations Credit Terms and Conditions WFLA: See news developing? Email or call our Tipline at 1-800-348-WFLA | 8 on Your Side | 8's Army | Links We Mentioned | EEO Public Filings | Children's Programming | FCC Form388 The Tampa Tribune: Subscribe | Place an Ad | Electronic Edition | Photo Reprints | Public Research | Archive | Corrections Page 2of 2 Critics: J udge with interest in bank shouldn't hear foreclosures 8/31/2011 http://duke1.tbo.com/content/2011/jul/21/211756/critics-judge-with-interest-in-bank-shoul... The Florida Bar www.floridabar.org Daily News Summary An electronic digest of media coverage of interest to members of The Florida Bar compiled each workday by the Public Information and Bar Services Department. Electronic links are only active in today's edition. For information on previous articles, please contact the publishing newspaper directly. Links to online newspapers July 22, 2011 --Judiciary-- NEW CIRCUIT JUDGE NAMED-- Palatka Daily News, http://www.palatkadailynews.com, July 22, 20111. [Also: GOVERNOR APPOINTS NEW JUDGE-- Daytona Beach News-Journal, http://www.news-journalonline.com, July 22, 2011; MENDOZA SELECTED FOR CIRCUIT JUDGE JOB-- St. Augustine Record, http://staugustine.com, July 22, 2011]. St. Augustine Assistant City Attorney Carlos Mendoza is Putnam County's newest circuit judge. Mendoza was selected Thursday [July 21] by Gov. Rick Scott to fill a vacancy created by Seventh Circuit Judge Terry LaRue, who is transferring to Volusia County to replace Circuit Judge Julianne Piggotte, who retired July 1. Mendoza is scheduled to start work in Putnam County on Aug. 29. The Seventh Circuit includes Flagler, Putnam, St. Johns and Volusia counties. CRITICS: JUDGE WITH INTEREST IN BANK SHOULDN'T HEAR FORECLOSURES-- The Tampa Tribune, http://www.tbo.com, July 22, 2011. A Hillsborough County judge seeking to tame a backlog of thousands of foreclosure lawsuits has critics wondering whether she should be hearing foreclosure cases at all. Judge Martha J. Cook has an ownership interest in Community Bank of Manatee, where her husband, William H. Sedgeman Jr., serves as chairman and chief executive, public documents show. The bank has been hard-hit by the foreclosure crisis and has struggled to shed troubled assets. Like most banks, Community Bank often finds itself as a plaintiff against homeowners in foreclosure cases. Cook said she is not prejudiced and that she listed her connection, as required by the law. The state's Judicial Qualifications Commission's code of conduct does not expressly prohibit judges from owning stock in companies they may see in the courtroom, but it does require disclosure. Cook said she disclosed the connection because of her husband's interest in the bank. She said she doesn't hear cases involving his bank and doesn't feel she has a conflict of interest by overseeing foreclosures by other banks. --Legal Profession-- FLORIDA ATTORNEY GENERAL, TWO FIRED LAWYERS IN PUBLIC DISPUTE-- Orlando Sentinel, http://www.orlandosentinel.com, July 22, 2011. Attorney General Pam Bondi and two recently fired employees, Theresa Edwards and June Clarkson, are embroiled in a public fight over whether her office fired the two lawyers for being too aggressive against mortgage lenders involved in foreclosure fraud cases or whether the lawyers engaged in unprofessional conduct. LONGTIME DEFENSE ATTORNEY TO JOIN PROSECUTOR'S OFFICE-- Panama City News Herald, http://www.newsherald.com, July 22, 2011. Robert Sombathy, a board certified criminal defense attorney, will fill a position in the 14th Circuit State Attorney's Office that opened up when John O'Brien left the Major Crimes Division last week. State Attorney Glenn Hess said he was looking for an experienced trial attorney to replace O’Brien, who was also an accomplished defense attorney earlier in his long career. Sombathy has taken more than 85 Daily News Summary http://www.floridabar.org/DIVCOM/PI/PINEwssummary.nsf/41bc6044e7... 1 of 2 6/12/2013 3:50 PM 14 felony cases to trial since being admitted to the Bar in 1993. He will start Aug. 1. --Criminal Justice Issues-- KIDNAPPERS WILL LIKELY GO FREE NEXT YEAR-- Orlando Sentinel, http://www.orlandosentinel.com, July 21, 2011. Two men who as teenagers were sentenced to life in prison for abducting a 16-year-old Ocoee boy and forcing him into the trunk of his car — where he suffered permanent brain damage from the heat — will be released from prison by next summer, lawyers say. Michael Daymon and Terrence Jenkins were 16 and 17 in 1993 when they kidnapped Philip Chandler one hot July day, forced him into the trunk and then drove around the Orlando area for more than three hours. They were convicted of armed kidnapping, attempted murder and armed robbery, and both were sentenced to life in prison without the possibility of parole. However, they must now be resentenced because of a U.S. Supreme Court decision last year in an unrelated case. The court ruled that, except in cases of murder, it is cruel and unusual punishment to order a juvenile to prison for life with no possibility of ever regaining freedom. # # # [Revised: 07-25-2011] © 2013 The Florida Bar | Disclaimer | Top of page | Daily News Summary http://www.floridabar.org/DIVCOM/PI/PINEwssummary.nsf/41bc6044e7... 2 of 2 6/12/2013 3:50 PM TAMPA 2202 N. Westshore Blvd. Suite 200 Tampa, FL 33607 ORLANDO 4700 Millenia Blvd. Suite 175 Orlando, FL 32839 JACKSONVILLE 10151 Deerwood Park Blvd. Building 200, Suite 25 Jacksonville, FL 32256 FORT LAUDERDALE 1560 Sawgrass Corporate Pkwy 4 th Floor Sawgrass, FL 33323 Telephone: (727) 667-3413 STOPA LAW FIRM Mark P. Stopa, Esq. J uly 20, 2011 Honorable Martha Cook Circuit Court J udge 800 E. Twiggs St. Room 511 Tampa, FL 33602 RE: Honorable Martha Cook presiding in foreclosure cases Your Honor: It is with the utmost respect for you and our system of justice that I write you this letter. I hope you realize it is a difficult letter for me to write but one that, under the circumstances, I feel I must. Respectfully, I am concerned at your decision to continue presiding over mortgage foreclosure cases given your personal ties to the banking industry and that of your husband. While I do not profess to have personal knowledge of the veracity of the following facts, it seems as if these facts are true, particularly since I have seen documents bearing your signature containing this information: 1. Your husband is the Chairman and CEO of Community Bank of Manatee (and has been for quite some time); 2. You have/had more than a 5% ownership interest in that bank; 3. Your personal net worth decreased by nearly half in recent years, largely because of the near-failure of Community Bank. I realize that every judge has a personal life and a right to make personal investments and earn a living (and be married to someone who does). And I’m certainly not trying to say you or your husband has done anything wrong. However, from someone sitting on the homeowners/defense side of the foreclosure crisis, I find it eminently reasonable for my clients to fear their ability to get a fair hearing/trial before you, in foreclosure lawsuits, given your personal, financial ties to the banking industry. My concern in this regard came to a head at a recent hearing before you. After the hearing was concluded, I engaged in a 20-30 minute discussion with you (and opposing counsel), in open court, about the mortgage foreclosure crisis. What really sticks in my mind was your 15 TAMPA 2202 N. Westshore Blvd. Suite 200 Tampa, FL 33607 ORLANDO 4700 Millenia Blvd. Suite 175 Orlando, FL 32839 JACKSONVILLE 10151 Deerwood Park Blvd. Building 200, Suite 25 Jacksonville, FL 32256 FORT LAUDERDALE 1560 Sawgrass Corporate Pkwy 4 th Floor Sawgrass, FL 33323 Telephone: (727) 667-3413 repeated indications that the “only way” to improve the economy was to “push through” foreclosure cases as quickly as possible. I understand your desire to improve the economy. Heck, everyone wants the economy to improve. However, with all due respect, your role as a judge is not to improve the economy (or to use the cases before you as a mechanism to improve the economy). More significantly, I cannot help but wonder how much of your stated objective to “push through” foreclosure cases is predicated not on helping the economy, but on the personal, financial interests shared by you and your husband and your clear ties to the banking industry. And if I’m wondering this, then undoubtedly others are/will as well. Let me put it this way. I have been in the middle of the foreclosure crisis for quite some time. Bankers always take the position that pushing through foreclosures as quickly as possible is the correct approach. Hence, when I heard you say those things, it very much sounded to me like you were speaking not as a neutral and detached judge, but as a part-owner of a bank and as the spouse of a CEO of a bank. Please do not misunderstand. I am not trying to criticize you or your ties to the banking industry. I’m sure it is very difficult to separate your “judge hat” from your “banker’s hat.” But that’s precisely the point. When you’re a sitting judge who owns a local bank and whose husband runs a local bank, it is fair for homeowners to question your ability to preside over foreclosure cases in a neutral and detached manner. I suppose my clients and I could address this with you on a case by case basis. However, rather than start drafting motions to disqualify that could be deemed accusatory or inflammatory, I thought I’d try to write you a respectful letter expressing my concerns. J udge Cook, given your ties to the banking industry, I am respectfully requesting that you remove yourself as judge from all foreclosure cases. I realize that may sound harsh to you. I also realize you may find my request to be totally misplaced and out of line. Respectfully, however, the public’s distrust in the judicial system is at an all-time high. The fact that I have learned the facts in this letter means that others will as well. I respectfully submit it would bode well for our system of justice and the appearance of propriety in our justice system if you did not preside on foreclosure cases going forward. It is a miserable experience for homeowners to lose their homes. When they do, it is important that they know they lost their home because that was the correct legal result. It would not bode well for anyone if homeowners started wondering (correctly or not) if the results in their foreclosure cases were the lawful and just result or the result of a judge who has ties to the banking industry. Again, that is not meant to be accusatory. Rather, I’m sure you can see that it would be easy for anyone to question whether your rulings are the rulings of a neutral and detached judge, or the rulings of an owner of a local bank and the spouse of a CEO of that bank. Heck, I wondered that myself after our last hearing, and if I did, then undoubtedly others will as TAMPA 2202 N. Westshore Blvd. Suite 200 Tampa, FL 33607 ORLANDO 4700 Millenia Blvd. Suite 175 Orlando, FL 32839 JACKSONVILLE 10151 Deerwood Park Blvd. Building 200, Suite 25 Jacksonville, FL 32256 FORT LAUDERDALE 1560 Sawgrass Corporate Pkwy 4 th Floor Sawgrass, FL 33323 Telephone: (727) 667-3413 well. There are many other, equally capable judges who can preside over foreclosure cases in Hillsborough County. As such, in my view, it only makes sense to avoid the appearance of impropriety and have those cases assigned to other judges. In concluding, I reiterate that this was an awkward and difficult letter for me to write. I have many cases (foreclosure and otherwise) before you and other judges in Hillsborough County. The last thing I’m trying to do here is to come across as disrespectful or accusatory. That said, given the circumstances, I thought it incumbent upon me to apprise you that, from the perspective of someone on the defense side of these cases, it is eminently reasonable for homeowners to question your neutrality given your personal circumstances. Thank you very much for your thoughtful attention to this matter. Sincerely, STOPA LAW FIRM Mark P. Stopa 16 STATE OF FLORIDA C!&fftcr of tbr