Spellman

I. FACTS AND PROCEDURAL BACKGROUND2

On September 5, 2010, Daniel retained Spellman to represent him in two cases for

wrongful foreclosure, brought against two separate banks. For reasons that are a matter

of some dispute between the parties, and that are irrelevant to the present appeal,

Spellman subsequently brought an ex parte motion to be relieved as counsel in one of the

cases, with the intention of filing a similar motion in the other case shortly thereafter.

Spellman’s motion was heard on June 14, 2011, and was granted.

Later on the same date, June 14, 2011, Spellman initiated the present action,

petitioning for a civil harassment restraining order to be issued against Daniel.

Spellman’s asserted basis for the restraining order was disturbing and threatening

behavior by Daniel, beginning when she first requested he consent to her withdrawal as

his counsel, and continuing particularly during and immediately after the hearing on her

motion to be relieved as counsel. A temporary restraining order was issued on June 15,

2011. On July 20, 2011, after a series of continuances, Spellman was granted a

1Daniel’s appeal in a different case involving the same two…