DEFENDANTS' MOTION FOR SUBSTITUTION OF COUNSEL

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
RANEY V AWARE WOMAN
DOCKET / CHRONOLOGICAL FILE
DEFENDANTS' MOTION FOR SUBSTITUTION OF COUNSEL

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

MEREDITH T. RANEY, JR.,
Plaintiff,
v.
AWARE WOMAN CENTER
FOR CHOICE, INC., a Florida corporation,
EDWARD W. WINDLE, JR., and
PATRICIA B. WINDLE
Defendants.

CASE NO.: 97-1197-CV-ORL-19B

DEFENDANTS' MOTION FOR SUBSTITUTION OF COUNSEL

COME NOW Defendants, AWARE WOMAN CENTER FOR CHOICE, INC., a Florida corporation, EDWARD W. WlNDLE, IR., and PATRICIA B. WINDLE, by and through their undersigned attorneys, and file this their Motion for Substitution of Counsel pursuant to Local Rule 2.03, and as grounds therefor state as follows:

1. On May 21, 1998, the Defendants filed a Stipulation for Substitution of Counsel, a copy of which is attached hereto as Exhibit "A."

2. On May 28, 1998, the Court denied Defendants' Stipulation for Substitution of Counsel for the reason that the substituting attorneys, Susan A. England, P.A., had not provided evidence to the Court of her admission to the Bar of the Middle District. A copy of such Order is attached hereto as Exhibit "B."

3. On July 10, 1998, Jan McClung, Deputy Clerk in charge of Attorney Admissions for the Middle District, advised in a telephone conversation with Defendants' counsel's office that Ms. England's status has now been returned to good standing with the Bar of the Middle District, and she is permitted to appear and be heard as counsel in any proceeding in this Court.

4. On July 13, 1998, pursuant to Rule 3.01(g) of the Fed. R. Civ. P., counsel for Defendants conferred with counsel for Plaintiff' regarding the filing of this Motion. Counsel for Plaintiff stated that he has no objection to the substitution of attorneys in this matter.

5. Defendants request that Frese, Nash & Torpy, P.A. shall be permitted to withdraw as counsel for the Defendants, AWARE WOMAN CENTER FOR CHOICE, INC., a Florida corporation, EDWARD W. WINDLE, JR., and PATRICIA B. WlNDLE, and that Susan A. England, P.A., attorneys at law, shall be substituted in its place as attorneys for the Defendants, AWARE WOMAN CENTER FOR CHOICE, INC., a Florida corporation, EDWARD W. WlNDLE, JR., and PATRICIA B. WlNDLE.

6. Counsel for Defendants request that all future pleadings to be served upon the Defendants, AWARE WOMAN CENTER FOR CHOICE, INC., a Florida corporation, EDWARD W. WlNDLE, JR., and PATRICIA B. WINDLE, shall be furnished to Susan A. England, Esq., Susan A. England, P.A., 2805 Lakeview Drive, Fern Park, Florida 32730-2007; and to Roy Lucas, Esq., P.O. Box 1433, Melbourne, Florida 32902-1433, whose Amended Special Admission to Practice was granted on July 6, 1998, as attorneys for Defendants.

7. The substitution of counsel will not prevent the Defendants from meeting established trial dates or other regularly scheduled proceedings as the Court may direct.

8. The signatures of the Defendants attached hereto as Exhibit "C," evidence Defendants' consent to the substitution.

I HEREBY CERTIFY that a true and correct copy of the above and foregoing has been furnished by U.S. Mail delivery to Christopher F. Sapp, Esq., P.O. Box 1012, Lehigh Acres, FL 33970; and Roy Lucas, Esq., P.O. Box 1433, Melbourne, FL 32902-1433, on this 13th day of July, 1998.

FRESE, NASH & TORPY, P.A.
By: Lisa L. Hogreve, Esq. <signed>
Florida Bar No. 0104840
930 S. Harbor City Blvd., Suite 505
Melbourne, FL 32901
(407) 984-3300

The Defendants, AWARE WOMAN CENTER FOR CHOICE, INC.,.a Florida corporation, EDWARD W. WlNDLE, Jr. and PATRICIA B. WINDLE, hereby consent to the withdrawal of Frese, Nash & Torpy, P.A. and the substitution of Susan A. England, P.A., as counsel of record this 18th day of May, 1998.

EDWARD W. WINDLE, JR. <signed>

PATRICIA BAIRD-WINDLE, <signed> individually and as Corporate Representative for AWARE WOMAN CENTER FOR CHOICE, INC., a Florida corporation