IN THE CIRCUIT COURT OF THE ________ JUDICIAL CIRCUIT

IN AND FOR ___________ COUNTY, FLORIDA - CIVIL

Sunday - 29 November 2015
HSBC BANK USA, N.A., as TRUSTEE
for NHEL HOME EQUITY LOAN
TRUST, SERIES 2006-WF1, a Foreign
Corporation and a Purported Trust
not Registered in Florida,

Case No.: 2015 - CA - 000 000 - GCS

Plaintiff,

[FOR INFORMATION ONLY,

NOT ADVICE.]

vs.
________________________, et al.,
Defendants.
________________________________/
DEFENDANT'S OBJECTION TO PLAINTIFF'S NON-COMPLIANT
NOTICE OF CHANGING ATTORNEY...
Now comes the Defendant, _________________, representing himself, to object to the
Plaintiff's NOTICE OF CHANGING ATTORNEY electronically filed on ** Nov. 20** (the
Notice), because--on its face---it does not comply with rules 2.505 and 2.515 of the Florida
Rules of Judicial Administration, 22 January 2015, (FRJA).1 Therefore, Defendant moves the
Court to find that the Notice does not comply with the rules, to conclude that the Notice is a legal
nullity and to strike the Notice as non-compliant, immaterial or irrelevant.
1. The Notice purports to give Notice of Changing Attorney within Duwee, Cheatem and
Howe, P.A. without quoting any rule or law to support such change. The Notice was
filed under the color of law, but not in accordance with the law. The Notice is not
signed by at least one attorney of record. The Notice fails to mention which attorney-ofrecord is being changed for the purported new attorney, Pierre Masonry. The Notice is not
1 The words rule and rules refer to the FRJA unless otherwise indicated.
FOR INFORMATION ONLY, NOT ADVICE.

Objection to Fill-In Attorneys

a notice of appearance of co-counsel. By using the word changing it suggests a

substitution of attorneys, however it does not appear to be a motion, and it fails to
mention that there is any order changing or substituting attorneys. It does not appear to
be a motion to withdraw as counsel as no other attorney is named. The Notice fails to
mention any order allowing the withdrawal of any attorney. A search of the rules did
not reveal the phrase notice of changing attorney. Lastly, the case record shows no
written permission from the Plaintiff that allows the changing or substituting of
attorneys. The Notice, therefore, does not appear to comply with the rules that govern the
appearance of attorney's in Florida court cases.
2. An argument that is sometimes made by attorneys is that any attorney can represent a
party without filing a notice-of-appearance or a motion-for-substitution as long as that
attorney is a member of the attorney-of-record's law firm. This argument, however, does
not appear to be supported by any rule, law or precedent. Without any legal support the
argument has no merit.
3. These rules shall supersede all conflicting rules and statutes. Rule 2.110.
4. The rules define court rule as A rule of practice or procedure adopted to facilitate the
uniform conduct of litigation applicable to all proceedings, all parties, and all attorneys.
Rule 2.120(a). This rule does not mention law firms.
5. Rule 2.505(a) says: All persons in good standing as members of The Florida Bar shall
be permitted to practice in Florida. The word persons applies to individual human
beings, not law firms, as the Florida Bar says in its official complaint-form instructions:
The Florida Bar processes inquiry/complaint forms only against individual attorneys,

FOR INFORMATION ONLY, NOT ADVICE.

Objection to Fill-In Attorneys

not against law firms. Law firms do not go to law school. Law firms do not take bar
exams. Law firms are not members of the Florida Bar. Law firms may be authorized
business entities, but, like all other corporations, they cannot practice law or represent
themselves in a court of law except through an individual attorney at law who complies
with the rules.
6.

Regarding the appearance of an attorney2 Rule 2.505(e) says:

Appearance of Attorney. An attorney may appear in a proceeding in any of the
following ways: (1) By serving and filing, on behalf of a party, the partys first
pleading or paper in the proceeding. (2) By substitution of counsel, but only by
order of court and with written consent of the client, filed with the court. The
court may condition substitution upon payment of, or security for, the substituted
attorneys fees and expenses, or upon such other terms as may be just. (3) By
filing with the court and serving upon all parties a notice of appearance as ... cocounsel for a party that has already appeared in a proceeding by non-withdrawing
counsel. [Underlining added.]

7. When an attorney wishes to terminate their appearance as counsel for a party, the attorney
must obtain an order of court as governed by rule 2.505(f) Termination of Appearance
of Attorney, which says:
The appearance of an attorney for a party in a proceeding shall terminate only in
one of the following ways: (1) Withdrawal of Attorney. By order of court,
where the proceeding is continuing, upon motion and hearing, on notice to all
parties and the client, .... Substitution of Attorney. By order of court, under the
procedure set forth in subdivision (e)(2) of this rule.
8. Rule 2.515(a) does not mention law firms, but does say:
Every document of a party represented by an attorney shall be signed by at least 1
attorney of record in that attorneys individual name whose current record Florida
Bar address, telephone number, including area code, primary e-mail address and
secondary e-mail addresses, if any, and Florida Bar number shall be stated, and
who shall be duly licensed to practice law in Florida .
9. Rule 1.140 (f) says: A party may move to strike or the court may strike redundant,
2 Note: This rule does not mention corporations, business entities, or law firms.
FOR INFORMATION ONLY, NOT ADVICE.

Objection to Fill-In Attorneys

immaterial, impertinent, or scandalous matter from any pleading at any time.

10. The word pleading is defined as:
every legal document filed in a lawsuit, petition, motion and/or hearing, including
complaint, petition, answer, demurrer, motion, declaration, and memorandum of
points and authorities (written argument citing precedents and statutes).
http://legal-dictionary.thefreedictionary.com/pleading
11. In 1939, the Florida Supreme Court declared that a party has a duty as well as that of
counsel to produce the entry of an order allowing the withdrawal of some counsel and the
substitution of other counsel. The Supreme Court also said, The rule is well settled that
a party cannot change his attorney without leave of court and that an order of court
granting the application for substitution is essential.... Diem v. Diem, 136 Fla. 824 (Fla.
Sup. Ct. 1939).
12. In 1996 the First District Court of Appeal said,
No motion was filed requesting that the new attorney be permitted to replace the
former attorney, and the former husband argues that, because it correctly
concluded that the motion for rehearing was a nullity, the trial court lacked
jurisdiction to proceed.... We agree. [T]he trial court correctly determined that
the motion for rehearing, filed by the second attorney, was a nullity.
Bortz v. Bortz, 675 So.2d 622 (Fla. 1st DCA 1966).
13. In 1997, the Second District Court of Appeal said,
We find persuasive the reasoning employed by the First District Court of Appeal
in Bortz v. Bortz, 675 So.2d 622 (Fla. 1st DCA 1996). In Bortz the First District
found that the motion for rehearing, filed by an attorney on her behalf who had
not appeared in the cause theretofore, was a nullity and thus could not be
considered by the trial court....
The court and parties must know with whom they must deal.
Pasco County v. Quail Hollow Properties, Inc., 693 So.2d 82 at 83 (Fla. 2d DCA
1997).
14. A trial court has no authority to nullify the rules, as the Third District Court of Appeal

FOR INFORMATION ONLY, NOT ADVICE.

Objection to Fill-In Attorneys

said,
[W]e are of the view that [the trial judge] was without authority to nullify a rule
promulgated by the Supreme Court of this state. The Supreme Court is vested
with the sole authority to promulgate, rescind and modify the rules, and until the
rules are changed by the source of authority, they remain inviolate. This is not to
say that a trial court is without authority to construe the rules in applying them to
given cases, but this authority does not extend to nullification of the rules.
Ser-Nestler, Inc. v. General Finance Loan Co. of Miami NW, 167 So. 2d 230 at
232 (Fla. 3d DCA 1964).
15. Unless the opposing attorney-of-record can show a rule, a law or a governing precedent
that is contrary to the rules and cases quoted above, the Court should find that the Notice
does not comply with the rules; conclude that the Notice is a legal nullity and strike the
Notice as non-compliant, immaterial and irrelevant
WHEREFORE, Defendant moves the Court: to find that the Notice does not comply
with the rules; to conclude that the Notice is a legal nullity; to strike the Notice as non-compliant,
immaterial and irrelevant, for findings of fact and conclusions of law, and for such other, further
and different relief as the Court deems appropriate.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing document was served by U.S. Mail to the
persons listed below on Sunday, the 29th day of November 2015.
PIERRE MASONRY
DUWEE, CHEATEM & HOWE, P.A.
Telephone: (000) 011-1111 x0000
P O BOX 25018
FAX: (000) 012-1111
TAMPA, FL 33622-5018
Electronic Service: eservice@DoWeCheat.com
Respectfully submitted and certified by:

_________________, Defendant, self-represented

123 Any Avenue
City, FL
Telephone: (000) 011-1111

______________________________

FOR INFORMATION ONLY, NOT ADVICE.

Objection to Fill-In Attorneys