IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT OF FLORIDA IN AND FOR LEE COUNTY CIVIL DIVISION COUNTRYWIDE

BANK, FSB. Plaintiff, vs. MANUEL GONZALEZ et al. Defendants. / DEFENDANTS PRO SE EMERGENCY MOTION FOR RECONSIDERATION OF THE COURTS RULING ON DEFENDANTS EMERGENCY EX-PARTE MOTION FOR CONTINUANCE OF TRIAL AND RECONSIDERATION OF DEFENDANTS REQUEST FOR TWENTY DAYS TO OBTAIN NEW COUNSEL The Defendant, MANUEL GONZALEZ, pro se, respectfully moves this Honorable Court for reconsideration of the Courts denial of a continuance and, for reconsideration of the Courts denial of Defendants request for twenty days to obtain new counsel, in the abovecaptioned matter and as grounds therefore would show unto the Court the following: 1. On _________ this Court entered its order on Defendants Emergency Ex -parte CASE NO. 08-CA-14226

Motion for Continuance in this case. 2. Defendant asserts that terminated former counsel because the Florida Bar forced

his former counsel to withdraw from all of his cases. 3. Because the Defendant had no prior knowledge of his former counsels

suspension and the suspension was unexpected and the Defendant had no control over his counsels forced withdrawal, the Defendant asserts that denial of continuance would be an abuse of the Courts discretion, see Quintero v. Kenyon, 48 So.3d 808 (Fla.3d DCA 2010). See also, The Florida Bar v. Doe, 550 So.2d 1111 (Fla. 1989); Rosenberg v. Levin, 409 So.2d 1016, 1021 (Fla. 1982) (We approve the philosophy that there is an overriding need to allow clients freedom to substitute attorneys without economic penalty as a means of accomplishing the broad

objective of fostering public confidence in the legal profession.); Anderson Trucking Serv., Inc. v. Gibson, 884 So.2d 1046, 1049 (Fla. 5th DCA 2004) (It is generally agreed that a client has a right to counsel of his or her choice.); see also In re Amendments to the Rules Regulating The Florida Bar, 916 So. 2d 655, 703 (Fla. 2005) (While clients have the right to choose counsel, such choice may implicate obligations.) (Comment to R. Regulating Fla. Bar 4-5.8). Although ethical considerations and, in criminal cases, the lack of ability of an indigent defendant to specifically choose a particular attorney employed by a Public Defender, may certainly narrow the contours of that right, we are here concerned with a civil case where a client has chosen to retain private counsel and counsel has chosen to undertake the representation of the client. 4. The Defendant asserts that prejudice would not have resulted from granting a

continuance which was requested only to allow him time, twenty (20) days, to obtain new counsel. 5. The Courts prior denial of a continuance causes the Defendant to be denied due

process and his right to defend the lawsuit filed against him, which creates an injustice. The cause of the continuance, the sudden onset of the forced withdrawal and suspension of lead counsel, was unexpected and unforeseen. The duration of the continuance would not have had to be any longer than the time it took for Defendant to obtain new counsel and finally, there is no hint that Plaintiff would have been prejudiced by a continuance, see Myers v. Siegel, 920 So.2d 1241, 1243 (Fla. 5th DCA 2006). 6. The Defendant would state to the Court and opposing counsel that, he currently

has pending, twenty-five (25) foreclosure cases before this Court, and is heavily burdened with defending the same as a pro se litigant.

7.

The Defendant has not conferred with Plaintiffs counsel and is not permitted to

advise this Court if Plaintiff has objection to this motion. WHEREFORE, the Defendant respectfully requests this Honorable Court reconsider his request for continuance of the trial so as to allow him additional time to obtain new counsel, and to grants such other and further relief as may be deemed appropriate. I HEREBY CERTIFY that a true and correct copy of the above motion has been served upon EMILIO R. LENZI, ESQUIRE, PHELAN HALLINAN PLC, 888 SE 3rd Avenue, Suite 201, Ft. Lauderdale, FL 33316 this ____ day of May 2011.

Manuel Gonzalez, Pro Se 4342 SW 10th Ave Cape Coral, FL 33914-5755 (239) 707-7967