OF THE STATE OF FLORIDA William Todd Overcash, THE FIFTH DISTRICT COURT OF APPEAL OF THE STATE OF...

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Transcript of OF THE STATE OF FLORIDA William Todd Overcash, THE FIFTH DISTRICT COURT OF APPEAL OF THE STATE OF...

  • IN THE FIFTH DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

    William Todd Overcash, Petitioner,

    V.

    Lori A. Foultz, Respondent.

    5th DCA CASE #: 5D-14-2079

    Re: 5th Judicial Circuit, in and for Marion County, Case #:

    2002-4655-DR-FJ

    I

    APPENDIX TO

    EMERGENCY MOTION FOR ORDER TO SHOW CAUSE

    Pursuant to Florida Rules of Appellate Procedure, Rules 9.100 (e), (f) and (h), and 9.300

    Dated this 12th day of June, 2014.

    William Todd Overcash, Petitioner, pro se 14311 SE 128th Street Ocklawaha, Florida 32179

    T4Dr. william

    lhne: 352-812-8812 -

    Tod rcash

    Appendix William Todd Overcash Emergency Motion for Order to Show CausePage 28

  • AppendixIndex

    FOURTH AMENDED ORDER SETTING TRIAL ON ORDER TO SHOW CAUSE . Page 29

    Appendix A: The docket report for the (just under) 18 months from 1 January

    2013 to Friday 6 June 2013 . Page 31

    Appendix B: Judge Barbara Gurrola took over these proceedings after the

    disqualification of Judge William Swigert on or about 23 July 2012 Page 70

    Appendix C: Writ of Prohibition filed on 10 December 2012 on his behalf by

    Attorney Beth Gordon.. Page 89

    Appendix D: Letter of January 17th, 2014 written by Attorney Beth Gordon when

    she no longer represented the Petitioner, a letter supporting William Todd

    Overcashs allegations and inferences of bias against Judge Gurrola Page 150

    Appendix E: Affidavit of Carolyn Torrey. Page 153

    Appendix F: Ex-parte Hearing Transcript of 2 April 2014 .. Page 156

    Appendix G: Hearing Transcripts October 30th

    2013 . Page 188

    Appendix H: Motions to Recused / Amended Motion to Recused Page 220

    Appendix I: Affidavits William Todd Overcash on Motions to recuse .. Page 271

    Appendix J: Frengel v. Frengel, 880 S.2d at 764-5 . Page 278

    Appendix K: Motion to Recuse 17 January 2013, denied (stricken) 6 February

    2013.. Page 281

    Appendix L: 23 May 2013, Motion to recuse with request to transfer outside 5th

    Circuit), denied 31 May 2013 . Page 284

    Appendix M: Motion to Disqualify 4 November 2013, denied (stricken) 7

    November 2013 .. Page 287

  • Appendix Index continued

    Appendix N: Motion to Recuse/Disqualify 31 January 2014, denied (stricken) 12

    February 2014 .. Page 290

    Appendix O: Motion to Recuse/Disqualify 20 February 2014, Emergency Petition

    for Writ of Prohibition Fifth District Court of Appeal Filed and Denied Page 292

    Appendix P: Motion to Disqualify Trial Judge 24 February 2014, Emergency

    Motion for Reconsideration of Petition for Recusal of Judge Gurrola filed, stricken

    25 February 2014. Page 296

    Appendix Q: 15 April 2014, Motion to Recuse Judge Gurrola and Marion

    County5th Judicial Circuit, Denied 17 April 2014.. Page 299

    Appendix R: 2 May 2014, Motion to Recuse Judge Gurrola and Marion County 5th

    Judicial Circuit, Denied 9 May 2014. Page 305

    Appendix S: Supreme Court Justice Speaks to 5th

    Circuit on Professional Ethics

    following the filing of SC 14-242 . Page 307

  • IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT, IN AND FOR MARION COUNTY, FLORIDA

    CASE NO. 2002 3i.DFJ J rn

    go C)

    Ev _

    Ifl

    .,,, c_n CO

    In re: The Former Marriage of:

    WILLIAM TODD OVERCASH, Former Husband.

    and

    LORI ANN FOULTZ f/k/a LORI ANN OVERCASH,

    Former Wife,

    FOURTH AMENDED ORDER SETTING TRIAL ON ORDER TO SHOW CAUSE

    THIS CAUSE, having come before the Court upon the Former Wife's Motion for Indirect

    Criminal Contempt, and the Court having entered an Order to Show Cause, requiring the Former

    Husband, WILLIAM TODD OVERCASH, to appear before this Court, and the Court having granted

    the Former Wife's Motion to Continue, and the Former Husband having previously entered a plea

    of not guilty, and the Court being otherwise fully advised in the premises, it is therefore,

    ORDERED:

    1. The Trial on the Order to Show Cause on the Former Wife's Motion for Indirect

    Criminal Contempt, in the above-captioned matter is set for Friday, July 18, 2014, beginning at

    10:00 a.m., before the Honorable Barbara Gurrola, Senior Circuit Judge, at the Marion County

    Judicial Center, located at 110 NW 1St Avenue, Ocala, Florida 34475. Failure of the Former

    Husband to appear at said Trial will result in an Arrest Warrant being issued.

    DONE AND ORDERED this 9th day of May, 2014, at Ocala, Marion County, Florida.

    / IBARBARA ~GGURROLA Senior Judge

    Page 1 of 2

    Appendix William Todd Overcash Emergency Motion for Order to Show CausePage 29

  • Appendix William Todd Overcash Emergency Motion for Order to Show CausePage 30

  • AppendixA

    Thedocketreportforthe(justunder)18

    monthsfrom1January2013toFriday6

    June2013

    Appendix William Todd Overcash Emergency Motion for Order to Show CausePage 31

  • OFFICEOF DAVID R. ELLSPERMANN TIME: 01:34:39 PM

    CLERK OF THE CIRCUIT COURT DATE: Jun 6, 2014

    MARION COUNTY, FLORIDA PAGE: 1

    42-2002-DR-004655-AXXX-XX OVERCASH V OVERCASH PARTY: JUDGE: BG BARBARA GURROLA STATUS: RE REOPENED

    FILING DATE: 10-28-2002 CASE TYPE: DOM DISSOLUTION OF MARRIAGE DATE CASE ENTERED:

    EVENT CATEGORY: PERIOD: 01/01/2013 TO 06/06/2014

    DATE PARTY EVENT RECEIPT# AMOUNT

    01-08-2013 ORDER FROM 5TH DCA

    COPY OF ORDER

    01-10-2013 PE I NOTICE OF PRODUCTION NON-PARTY

    NOTICE OF PRODUCTION FROM NON-PARTY WITHOUT DEPOSITIONS

    01-10-2013 PE 1 REQUEST TO PRODUCE

    FORMER WIFE'S THIRD REQUEST TO PRODUCE

    01-10-2013 RE I NOTICE OF PRODUCTION NON-PARTY

    NOTICE OF PRODUCTION FROM NON-PARTY WITHOUT DEPOSITIONS

    01-11-2013 RE 1 ASM: COPY FEE CA $1.00

    01-11-2013 RE I PAY: COPY FEE CA D 161894 $-1.00 Received Of: OVERCASH WILLIA

    Memo: COPY

    01-14-2013 RE 1 ASM: COPY FEE CA $8.00

    01-14-2013 RE 1 ASM: CERTIFIED COPY FEE CA $2.00

    01-14-2013 RE 1 ASM: COPY FEE CA $2.00

    01-14-2013 RE 1 ASM: CERTIFIED COPY FEE CA $2.00

    01-14-2013 RE 1 PAY: COPY FEE CA D 161913 $-BOO Received Of: OVERCASH WILLIA

    Memo: CERTIFIED COPY

    01-14-2013 RE 1 PAY: CERTIFIED COPY FEE CA D 161913 $-2.00 Received Of: OVERCASH WILLIA

    Memo: CERTIFIED COPY

    Appendix William Todd Overcash Emergency Motion for Order to Show CausePage 32

  • OFFICE OF DAVID R. ELLSPERMANN TIME: 01:34:39 PM

    CLERK OF THE CIRCUIT COURT DATE: Jun 6, 2014

    MARION COUNTY, FLORIDA PAGE: 2

    42-2002-DR-004655-AXXJ(-XJ( OVERCASH V OVERCASH PARTY: JUDGE: BG BARBARA GURROLA STATUS: RE REOPENED

    FILING DATE: 10-28-2002 CASE TYPE: DOM DISSOLUTION OF MARRIAGE DATE CASE ENTERED:

    EVENT CATEGORY: PERIOD: 01/01/2013 TO 06/06/2014

    DATE PARTY EVENT RECEIPT# AMOUNT

    01-14-2013 RE I PAY: COPY FEE CA D 161914 $-2.00 Received Of: OVERCASH WILLIA

    Memo: CERTIFIED COPY

    01-14-2013 RE 1 PAY: CERTIFIED COPY FEE CA D 161914 $-2.00 Received Of: OVERCASH WILLIA

    Memo: CERTIFIED COPY

    01-16-2013 PE I REQUEST TO PRODUCE

    WIFE'S FOURTH REQUEST TO PRODUCE

    01-17-2013 RE 1 MTN FOR RECUSAL/DISQUALIFICATN

    FORMER HUSBAND'S REQUEST FOR RECUSAL OF JUDGE GUROLLA AND TRANSFER OUTSIDE OF THE FIFTH CIRCUIT

    01-22-2013 REO: MOTION

    MOTION FOR INDIRECT CIVIL CONTEMPT

    01-22-2013 REO: CASE REOPENED NO DOC #

    01-22-2013 MOTION

    FORMER WIFE'S MOTION TO IMPUTE INCOME TO FORMER HUSBAND

    01-23-2013 CORRJMEMO TO JUDGES OFFICE

    FROM ATTY BRIAN MOTRONI

    01-24-2013 PE 1 MOTION

    MOTION FOR TEMPORARY APPELLATE ATTORNEY'S FEES AND COSTS

    01-25-2013 COPY OF:(SEE TEXT DESCRIPTION)

    COPY OF SHELTER ORDER

    01-28-2013 SUBPOENA ISSUED

    NOTICE OF ISSUANCE OF SUBPOENA FOR PRODUCTION FOR NON-PARTY

    02-06-2013 ORDER STRIKING

    Appendix William Todd Overcash Emergency Motion for Order to Show CausePage 33

  • OFFICE OF DAVID R. ELLSPERMANN TIME: 01:34:39 PM

    CLERK OF THE CIRCUIT COURT DATE: Jun 6, 2014

    MARION COUNTY, FLORIDA PAGE: 3

    42-2002-DR-004655-AXXX-XX OVERCASH V OVERCASH PARTY: JUDGE: BG BARBARA GURROLA STATUS: RE REOPENED

    FILING DATE: 10-28-2002 CASE TYPE: DOM DISSOLUTION OF MARRIAGE DATE CASE ENTERED:

    EVENT CATEGORY: PERIOD: 01/01/2013 TO 06/06/2014

    DATE PARTY EVENT RECEIPT# AMOUNT

    ORDER STRIKING PETITIONERS MOTION

    02-13-2013 PEI NOTICE OF FILING

    RETURN OF NON-SERVICE ON DR. BRADY ON 02/01/13

    02-14-2013 DESIGNATION OF EMAIL ADDRESS

    PRIMARY EMAIL ADDRESS: JANETBEHNKELAW.NET SECONDARY EMAIL ADDRESS: PAM@BEHNKELAW.NET

    02-14-2013 PEI REO: MOTION FOR CONTEMPT

    MOTION FOR CONTEMPT FOR FAILURE TO PAY COURT ORDERED ATTORNEY'S FEES AND COST

    02-14-2013 REO: CASE REOPENED NO DOC #

    02-14-2013 PEI AMENDED MOTION

    AMENDED MOTION FOR INDIRECT CIVIL CONTEMPT

    02-14-2013 PEI REQUEST

    REQUEST FOR CASE MANAGEMENT CONFERENCE

    02-14-2013 PEI MOTION

    MOTION FOR PROSPECTIVE TEMPORARY ATTORNEY'S FEES AND COSTS

    02-14-2013 PEI REQUEST TO PRODUCE

    FIFTH REQUEST

    02-14-2013 PEI MOTION TO CONTINUE

    MOTION TO CONTINUE HEARING ON FORMER WIFE'S MOTION TO IMPUTE INCOME ON FORMER HUSBAND AND MOTION TO DEFER RULING ON FORMER HUSBAND'S MOTION TO IMPUTE INCOME ON FORMER WIFE

    02-14-2013 NOTICE OF HEARING

    2/27/13AT2 PM

    Appendix William Todd Overcash Emergency Motion for Order to Show CausePage 34

  • OFFICE OF DAVID R. ELLSPERMANN TIME: 01:34:39 PM

    CLERK OF T