application for order 05-ca-7205

8/11/2019 Application for Order 05-CA-7205

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUITIN AND FOR HILLSBOROUGH COUNTY, FLORIDA

NEIL J. GILLESPIE

Plaintiff/Counter Defendant, Case: 05-CA-7205vs.

BARKER, RODEMS & COOK, P.A. andWILLIAM J. COOK,

Defendants/Counter Plaintiffs. ________________________________________/

APPLICATION FOR ORDER

1. Applicant Neil J. Gillespie, henceforth in the first person, reluctantly appearing pro se

due to indigence and/or insolvency, applies to the Hillsborough Circuit Court pursuant to Rule

2.430(g), Fla.R.Jud.Admin., for an Order requiring the clerk to deliver to the applicant the court

records in Case No.: 05-CA-7205 that are to be destroyed or disposed of.

Rule 2.430(g), Fla.R.Jud.Admin.:

(g) Disposition Other Than Destruction . Before destruction or disposition of court records under this rule, any person may apply to the court for an order requiring the clerk to deliver to the applicant the court records that are to

be destroyed or disposed of. All parties shall be given notice of the application.The court shall dispose of that court record as appropriate.

2. The Florida Supreme Court established procedure to grant my application for order in

SC11-1622 and SC11-858 that must be followed here under the principal of stare decisis.

Stare decisis (pronunciation omitted) is a legal principle by which judges are obliged to

respect the precedent established by prior decisions. The words originate from the phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "to stand by decisions and not disturb the undisturbed."[2] In a legal context, this is understood tomean that courts should generally abide by precedent and not disturb settled matters.[2]

http://en.wikipedia.org/wiki/Precedent


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3. The Florida Supreme Court entered an Order in SC11-1622 February 11, 2014. (Exhibit 1),

Petitioner has filed an Application for Order on September 30, 2013, requesting that thefile for this case, in lieu of destruction, be released to him subsequent to the Court'sretention timeline requirement, in compliance with Fla. R. Jud. Admin. 2.430(g).Petitioner's request is attached as Appendix A. All parties have twenty days from the date

of this order to submit, in writing, any objection to Petitioner's request. Any objectionsubmitted must also be served on all other parties; the parties who are served withobjections have fifteen days to respond.

4. The Florida Supreme Court GRANTED my application in SC11-1622 April 16, 2014.

The Order appears at Exhibit 2.

There having been no response to this Court's order dated February 11, 2014, regarding petitioner's request for delivery of the court record, and the court having determined thathe has complied with the request provisions of the Florida Rules of Judicial

Administration, the court approves his application and will surrender this court's file tohim in lieu of its destruction. In compliance with rule 2.430(c)(3)(A) of the Rules of Judicial Administration, petitioner shall make appropriate arrangements with the Officeof the Clerk no more than 30 days prior to June 21, 2017, for the transfer of this file.

5. The Florida Supreme Court entered an Order in SC11-858 February 11, 2014. (Exhibit 3),

Petitioner has filed an Application for Order on September 30, 2013, requesting that thefile for this case, in lieu of destruction, be released to him subsequent to the Court'sretention timeline requirement, in compliance with Fla. R. Jud. Admin. 2.430(g).Petitioner's request is attached as Appendix A. All parties have twenty days from the date

of this order to submit, in writing, any objection to Petitioner's request. Any objectionsubmitted must also be served on all other parties; the parties who are served withobjections have fifteen days to respond.

6. The Florida Supreme Court GRANTED my application in SC11-858 April 16, 2014. The

Order appears at Exhibit 4.

There having been no response to this Court's order dated February 11, 2014, regarding petitioner's request for delivery of the court record, and the court having determined thathe has complied with the request provisions of the Florida Rules of Judicial

Administration, the court approves his application and will surrender this court's file tohim in lieu ofits destruction. In compliance with rule 2.430(c)(3)(A) of the Rules of Judicial Administration, petitioner shall make appropriate arrangements with the Officeof the Clerk no more than 30 days prior to June 17, 2016, for the transfer of this file.

7. The Florida Supreme Court established procedure to grant my application for order in

SC11-1622 and SC11-858 that must be followed here under the principal of stare decisis.


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8. The Thirteenth Judicial Circuit of Florida was created by the Constitution and Florida

Statutes to administer, apply, and interpret the laws of the state of Florida in a fair and unbiased

manner without, inter alia , bribery, favoritism, extortion, improper influence, personal self-

enrichment, self-dealing, concealment, or conflict of interest.

9. Under Article V, Sec. 2(d), Fla. Const., Chief Judge Menendez [S]shall be responsible

for the administrative supervision of the circuit courts and county courts in his circuit..

ARTICLE V, JUDICIARY, SECTION 2. Administration; practice and procedure.

(d) A chief judge in each circuit shall be chosen from among the circuit judges as provided by supreme court rule. The chief judge shall be responsible for theadministrative supervision of the circuit courts and county courts in his circuit.

Under Article II, Sec. 5(b), Fla. Const., Chief Judge Menendez swore an Oath of Office in the

State of Florida on August 26, 2008:

ARTICLE II, GENERAL PROVISIONS, SECTION 5. Public officers.

I do solemnly swear (or affirm) that I will support, protect, and defend the Constitutionand Government of the United States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State, and that I will well and faithfully

perform the duties of Circuit Court Judge, Thirteenth Judicial Circuit, Group Nineteen,on which I am now about to enter, so help me God.

A copy of Judges Menendezs Oath of Office August 26, 2008 appears at Exhibit 5.

WHEREFORE this Court is required to grant the relief requested.

RESPECFULLY SUBMITTED September 19, 2014.

Neil J. Gillespie, applicant pro se 8092 SW 115th Loop Ocala, Florida 34481

Telephone: (352) 854-7807Email: [email protected]


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Certificate of Service

I certify that the attached APPLICATION FOR ORDER in Case No.: 05-CA-7205 was

served in paper format today September 19, 2014 as indicated to Pat Frank, Clerk of Circuit

Court, with paper copies provided as indicated below.

Pat Frank, Clerk of Circuit CourtHillsborough County, FloridaCounty Center 601 E. Kennedy Blvd.Tampa, FL 33602-4156VIA U.P.S. No. 1Z64589FP290607492

Barker & Cook, P.A.

501 E Kennedy Blvd. Suite 790Tampa, Florida 33602-5258VIA U.P.S. No. 1Z64589FP293500270

Ryan Christopher RodemsMorgan & Morgan, P.A.20 N Orange Ave.Orlando, Florida 32801-2414VIA U.P.S. No. 1Z64589FP293682682

RESPECTFULLY SUBMITTED September 19, 2014.

Neil J. Gillespie, Applicant pro se 8092 SW 115th Loop Ocala, Florida 34481 Telephone: (352) 854-7807


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~ u r t t C Court of jflorfbaTUESDAY, FEBRUARY 11 2014

CASE NO.: SCII-1622Lower Tribunal No(s).: 2DIO-5197;

05-CA-7205

NEIL J GILLESPIE vs. BARKER, RODEMS COOK,ETAL.

Petitioner(s) Respondent(s)

Petitioner's withdrawal of motions for surrender of files is herebyacknowledged.

Petitioner has filed an Application for Order on September 30, 2013,requesting that the file for this case, in lieu of destruction, be released to himsubsequent to the Court's retention timeline requirement, in compliance with Fla RJud Admin 2.430(g). Petitioner's request is attached as Appendix A All partieshave twenty days from the date of this order to submit, in writing, any objection toPetitioner's request. Any objection submitted must also be served on all otherparties; the parties who are served with objections have fifteen days to respond.

A True Copy

Test:

~ o m i n o Clerk, Supretne Court

abServed:

RYAN CHRISTOPHER RODEMSNEIL J GILLESPIEHON. PAT FRANK, CLERKHON. JAMES BIRKHOLD, CLERK

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SUPREME COURT OF FLORIDASTATE OF FLORIDA

NEIL J. GILLESPIE

Plaintiff/Counter Defendant, Case: SCII-1622Lower Tribunal: 05-CA-7205

vs.


Defendants/Counter Plainti ffs./


Applicant Neil J. Gillespie (hereinafter "Applicant"), reluctantly appearing pro se due to

indigence and/or insolvency, here in the first person, applies to the Supreme Court of Florida

pursuant to Rule 2.430(g), Fla.R.Jud.Admin., for an Order requiring the Clerk to deliver to the

Applicant the court records in Case: SC 11-1622 that are to be destroyed or disposed o f


g) Disposition ther Than Destruction. Before destruction ordisposition of court records under this rule, any person may apply to the court foran order requiring the clerk to deliver to the applicant the court records that are tobe destroyed or disposed ot: All parties shall be given notice of the application.The court shall dispose of that court record as appropriate.

No paTty, person or entity other than me filed anything in the case.

All parties shown on the certificate of service were provided a copy of this application.

RESPECFULLY SUBMITTED September 27,2013.


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Certificate o Service

I certify that the Application For Order in Case No. SC 11-1622 in the Florida Supreme

Court was provided September 27, 2013 to:

HON. THOMAS D. HALLOffice o the ClerkSupreme Court o Florida500 South Duval StreetTal1ahassee, Florida 32399VIA V P S No. IZ64589FP290801254

I certify that a copy hereof has been furnished to each o the following:

HON. JAMES BIRKHOLDClerk o the Second District Court o Appeal1005 E. Memorial Blvd.Lakeland, FL 33801VIA V P S No. lZ64589FP293714825

HON. PAT FRANK, Clerk o Circuit CourtCounty Center601 E. Kennedy Blvd.Tampa, FL 33602VIA V P S No. lZ64589FP291209232

Ryan Christopher RodemsBarker, Rodems & Cook, P.A.501 E Kennedy Blvd. Suite 790Tampa, Florida 33602-5258VIA V P S No. 1Z64589FP290126047

RESPECTFULLY SUBMITTED September 27,2013.


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~ u p r t m t ctourt of jflortbaMONDAY, MARCH 12, 2012 2213SEP3 P 1=29

CASE NO.: SC 11-1622Lower Tribunal No(s).: 2DI o 97,OS-CA-7 P ; 2 0 m s ~ - -

NEIL J. GILLESPIE vs. BARKER, RODEMSCOOK, ET AL.

Petitioner(s) Respondent( s)

The petitioner has filed a petition for writ of mandamus with the Court. To

the extent the petitioner seeks a writof

mandamus directed towards the districtcourt, the petition is denied because a writ of mandamus cannot be issued to directthe manner in which a court shall act in the lawful exercise of its jurisdiction. Stateex reI. North St. Lucie River Drainage Dis!. v. Kanner, 11 So. 2d 889, 890 (Fla.1943); see also Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA1982) (stating that ma:ndamus "is not an appropriate vehicle for review of a merelyerroneous decision nor is it proper to mandate the doing (or undoing) of adiscretionary act"), approved, 431 So. 2d 986 (Fla. 1983). To the extent thepetitioner seeks any additional relief, the petition is dismissed as faciallyinsufficient.

PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.

A True CopyTest:

~ l f , I / L Clerlclt Sliprellle ~ t u t

kb

Served:

NEIL J GILLESPIE /RY AN CHRISTOPHER RODEMSHON. PAT FRANK, CLERKHON. JAMES BIRKHOLD, CLERK


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~ u r t t Q ourtof jflorfbaWEDNESDAY, APRIL 16 2014

CASE NO.: SC1I-I622

Lower Tribunal No(s).: 2DIO-5I97;05-CA-7205

NEIL J GILLESPIE vs. BARKER, RODEMS COOK,ETAL.


There having been no response to this Court's order dated February 11,2014,regarding petitioner's request for delivery of the court record, and the court havingdetermined that he has complied with the request provisions of the Florida Rules ofJudicial Administration, the court approves his application and will surrender thiscourt's file to him in lieu of its destruction. In compliance with rule 2.430(c)(3)(A)of the Rules of Judicial Administration, petitioner shall make appropriatearrangements with the Office of the Clerk no more than 30 days prior to June 21,2017, for the transfer of this file.

A True CopyTest:

abServed:

RYAN CHRISTOPHER RODEMSNEIL J GILLESPIEWILLIAM J COOK

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10/15

~ u r t t ourt of jflorfbaTUESDAY, FEBRUARY 11 2014

CASE NO.: SC11-858Lower Tribunal No(s).: 05-CA-007205

NEIL J. GILLESPIE vs. BARKER, RODEMS & COOK,P.A., ET AL.


Petitioner's withdrawal of motions for surrender of files is herebyacknowledged.

Petitioner has filed an Application for Order on September 30 2013requesting that the file for this case, in lieu of destruction, be released to himsubsequent to the Court' s retention timeline requirement, in compliance with Fla RJud Admin 2.430(g). Petitioner's request is attached as Appendix A. All partieshave twenty days from the date of this order to submit, in writing, any objection toPetitioner 's request. Any objection submitted must also be served on all otherparties; the parties who are served with objections have fifteen days to respond.

A True CopyTest:

abServed:

RYAN CHRISTOPHER RODEMSNEIL J. GILLESPIEHON. PAT FRANK, CLERKDAVID A. ROWLANDHON. JAMES D. ARNOLD, JUDGE

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SUPREME COURT OF FLORIDASTATE OF FLORIDA

NEIL J. GILLESPIE

Plaintiff/Counter Defendant, Case: SCI 1-858Lower Tribunal: 05-CA-7205

vs.


Defendants/Counter Plainti ffs./


Applicant Neil J. Gillespie (hereinafter Applicant ), reluctantly appearing pro se due to

indigence and/or insolvency, here in the first person, applies to the Supreme Court of Florida

pursuant to Rule 2.430(g), Fla.R.Jud.Admin., for an Order requiring the Clerk to deliver to the

Applicant the court records in Case: Sell 8S8 that are to be destroyed or disposed o f


g) Disposition Other Than Destruction. Before destruction ordisposition of court records under this rule, any person may apply to the court foran order requiring the clerk to deliver to the applicant the court records that are tobe destroyed or disposed of: All parties shall be given notice of the application.The court shall dispose o f that court record as appropriate.

No party, person or entity other than me filed anything in the case.

All parties shown on the certificate of service were provided a copy of this application.

RESPECFULLY SUBMITTED September 27,2013.


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Certificate of Service

I certify that the Application For Order in Case No SC 11-858 in the Florida Supreme

Court was provided September 27, 2013 to:

HON. THOMAS D HALLOffice of the ClerkSupreme Court of Florida500 South Duval StreetTallahassee, Florida 32399VIA V P S No IZ64589FP290801254

I certify that a copy hereof has been furnished to each of the following:

HON PAT FRANK, Clerk of Circuit Court David A Rowland, General CounselCounty Center Thirteenth Judicial Circuit f Florida601 E Kennedy Blvd 800 E Twiggs Street, Suite 603Tampa, FL 33602 Tampa, Florida 33602VIA V P S No IZ64589FP291209232 VIA V P S No lZ64589FP293610866

HON JAMES D ARNOLD, JUDGE Ryan Christopher Rodems800 E Twiggs St., Room 514 Barker, Rodems & Cook, P.A.Tampa, Florida 33602 SOl E Kennedy Blvd. Suite 790VIA V P S No. IZ64589FP294570872 Tampa, Florida 33602-5258

VIA V P S No IZ64589FP290126047

RESPECTFULLY SUBMITTED September 27, 2013.


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~ u p r t m t Q ourtof jflortbaWEDNESDAY, MAY 18 2011

CASE NO.: se l l 8S8 : ; : c i ~ { \Si J?I\[hi :: l; JURT

Lower Tribunal No s).: 0 t ~ f 0 0 7 2 0 5

NEIL J. GILLESPIE vs. BARKER, RODEMSCOOK, P.A., ET AL.

Petitioner s) Respondent s)

The petition for writ o f habeas corpus is hereby denied.

PARIENTE LEWIS, QUINCE, POLSTON, and PERRY, JJ., concur.

A True CopyTest:

~ ~ t Ml tnas D. HaJI

Clerk, Silprellle COlut

abServed:

DAVIn A. ROWLANDNEIL J. GILLESPIERY AN CHRISTOPHER RODEMSHON. PAT FRANK, CLERKHON. JAMES D. ARNOLD, JUDGE


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~ u p r ct ourt of jfloribaWEDNESDAY, APRIL 16 2014

CASE NO.: SCll-858

Lower Tribunal No(s).: 05-CA-007205

NEIL J GILLESPIE vs. BARKER, RODEMS COOK,P.A., ET AL.


There 11aving been no response to this Court's order dated February 11,2014,regarding petitioner's request for delivery of the court record, and the court havingdetermined that he has complied with the request provisions of the Florida Rules ofJudicial Administration, the court approves his application and will surrender thiscourt's file to him in lieu of its destruction. In compliance with rule 2.430(c)(3)(A)of the Rules of Judicial Administration, petitioner shall make appropriatearrangements with the Office of the Clerk no more than 30 days prior to June 17,2016, for the transfer of this file.

A True CopyTest:

John A.T'omasinoClerk, Supreme Coull

abServed:

RYAN CHRISTOPHER RODEMSNEIL J GILLESPIEWILLIAM J COOKDAVID A ROWLAND

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OA TH OF OFFICESl"A'fE OF FLORIDA

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1 do solemnly swear (or affirm) that J will support.. protect, and defend the Constitution and Government of theunited States and of the State of Florida; that I am duly qualified to hold office under the Constitution of the State,and that J wi)) well and faithfully perfoml the duties of

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DS DE 56 Rev. OS/07

application for order 05-ca-7205

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