petitioner's motion for extension of time for filing of initial brief
TRANSCRIPT
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8/10/2019 Petitioner's Motion for Extension of Time for Filing of Initial Brief
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IN THE SUPREME COURT OF FLORIDA
STATE OF FLORIDA
NEIL J. GILLESPIE,
Petitioner pro se (nonlawyer),CASE NO.: SC14-1637
VS.
THE FLORIDA BAR,
Respondent.
_________________________________ /
Petitioners Motion to Renew Motion to Extend Time and in Addition and
in the Alternative a Motion to Appoint Counsel Without a Conflict of Interest
1. The Petitioner, Neil J. Gillespie, an indigent, disabled nonlawyer reluctantly appearing
pro se, henceforth in the first person, moves to renew his motion filed September 11, 2014 to
extend time under Fla. R. App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514, and states:
2. This Courts ORDER entered September 18, 2014 (Exhibit A) held,
Petitioner's motion for extension of time is granted and petitioner is allowed to and
including October 14, 2014, in which to serve the proper petition for writ of mandamus
and the motion for leave to proceed in forma pauperis. Failure to submit the abovereferenced documents to this Court could result in the imposition of sanctions, including
dismissal of the petition.
Please understand that once this case is dismissed, it is not subject to reinstatement.
3. Unfortunately my plan to obtain counsel is taking longer than anticipated. Under Fla. R.
App. P. 9.300(a), Motions, and Fla. R. Jud. Admin. 2.514, Computing and Extending Time, I
respectfully request the Supreme Court extend time for 30 days to and including November 13,
2014 (Exhibit B) to file a proper petition for writ of mandamus, and proper motion to proceed in
forma pauperis, so that I may obtain counsel of my choice. In addition to and in the alternative, I
move for appointment of counsel without a conflict of interest.
4. I have been determined indigent in the following cases:
Filing # 19385811 Electronically Filed 10/14/2014 11:59:44 PM
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1. US Supreme Court, February 7, 2014, Petition for rehearing Petition No. 13-7280
2. US Supreme Court, October 23, 2013, Petition No. 13-7280 for writ of certiorari
3. US Supreme Court, March 18, 2013, Petition for rehearing Petition No. 12-7747
4. US Supreme Court, December 10, 2012, Petition No. 12-7747 for writ of certiorari
5. Florida Supreme Court, August 22, 2011, Case No. SC11-1622
6. Florida Supreme Court, May 4, 2011, Case No. SC11-858
7. Florida Second District Court of Appeal, November 22, 2010, Case No. 2D10-51978. Florida Second District Court of Appeal, November 19, 2010, Case No. 2D10-5529
9. Florida Second District Court of Appeal, May 2, 2011, Case No. 2D11-2127
10. Hillsborough Co. Circuit Court, May 27, 2011, Case No. 05-CA-7205 (F.S. 27.52)
5. I was determined totally disabled by Social Security on January 17, 1992. (Exhibit C)
6. The American Bar Association (ABA) reports Florida is authorized to appoint counsel in
civil proceedings in any situation to protect a litigants due process rights. The ABA Directory of
Law Governing Appointment of Counsel in State Civil Proceedings Florida, page 19:
Fla. Stat. 29.007 (2011) (Court-appointed counsel) provides:
For purposes of implementing s. 14, Art. V of the State Constitution [relating to funding
of the judiciary], the elements of court-appointed counsel to be provided from state
revenues appropriated by general law are as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is
indigent and cannot be represented by the public defender or the office of criminal
conflict and civil regional counsel.
(2) When the office of criminal conflict and civil regional counsel has a conflict ofinterest, private attorneys appointed by the court to represent indigents or other classes of
litigants in civil proceedings requiring court-appointed counsel in accordance with state
and federal constitutional guarantees and federal and state statutes.
This section applies in any situation in which the court appoints counsel to protect a
litigants due process rights.
Also see Fla. Stat. 29.007 (2011) and (2014),
Subsections (3), (4), (5), (6), and (7) apply when court-appointed counsel is appointed;
when the court determines that the litigant is indigent for costs; or when the litigant isacting pro se and the court determines that the litigant is indigent for costs at the trial or
appellate level. This section applies in any situation in which the court appoints counsel
to protect a litigants due process rights. The Justice Administrative Commission shall
approve uniform contract forms for use in processing payments for due process services
under this section. In each case in which a private attorney represents a person
determined by the court to be indigent for costs, the attorney shall execute the
commissions contract for private attorneys representing persons determined to be
indigent for costs.
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7. The ABA Civil Right to Counsel website, link below, provides six exhibits to this
motion, the Law Governing Appointment of Counsel in State Civil Proceedings.
http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.htm
a. The ABA Civil Right to Counsel website page.
b. ABA Directory of Law Governing Appointment of Counsel in State Civil
Proceedings Florida
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_s
claid_judges_manual_fl.authcheckdam.pdf
c. Introduction to the ABA Directory
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_sclaid_judges_manual_prefatory_info.authcheckdam.pdf
d. Acknowledgments to the ABA Directory
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_s
claid_judges_manual_acknowledgments.authcheckdam.pdf
e. Forward to the ABA Directory
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_s
claid_judges_manual_foreword.authcheckdam.pdf
f. Appendix: International Law Relating to Appointment of Counsel in Civil
Proceedings
http://www.americanbar.org/content/dam/aba/administrative/legal_aid_indigent_defendants/ls_s
claid_judges_manual_appendix.authcheckdam.pdf
8. On October 7, 2014 Hillsborough Circuit Judge James D. Arnold entered Order
Directing Clerk of Court to Maintain Court Records (Exhibit D) denying my Application For
Order (Exhibit E) submitted September 19, 2014 in Gillespie v. Barker, Rodems & Cook, P.A. et
al, case no. 05-CA-7205.
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9. On June 1, 2011 Hillsborough Circuit Judge James D. Arnold entered Order Relieving
The Office Of The Public Defender Of The Thirteenth Judicial Circuit From Representation of
Plaintiff Neil Gillespie, (Exhibit F), stating,
THIS CAUSE having come to be heard on the Motion of the Office of the PublicDefender for Clarification and the Court being fully advised in the premises does hereby
relieve the Office of the Public Defender of the Thirteenth Judicial Circuit from
representation of the plaintiff in this cause as there is no lawful basis for the appointment
of the Office of the Public Defender to represent the plaintiff in the cause currently before
the Court.
10. On June 1, 2011 Hillsborough Circuit Judge James D. Arnold issued a Writ of Bodily
Attachment (Exhibit G) commanding each sheriff of the state to,
...take NEIL J. GILLESPIE into custody and bring him before the Honorable James D.Arnold, at Courtroom 501, 800 East Twiggs Street, Tampa, Florida 33602, immediately,
and within 72 hours after he is taken into custody, for a hearing to determine whether he
shall be held in custody until the deposition ordered by the Court is completed....
11. On information and belief, Judge Arnold was authorized under Fla. Stat. 29.007 (2011)
to appoint counsel in civil case no. 05-CA-7205 to represent me to protect my due process rights
as described in paragraph 6, but Judge Arnold failed to do so, thereby denying me due process.
12. In compliance with Rule 9.300(d)(10), I separately request the Supreme Court toll time.
WHEREFORE, I respectfully move the Court to renew my motion to extend time for 30
days to and including November 13, 2014 to file a proper petition for writ of mandamus, and
proper motion to proceed in forma pauperis, so that I may obtain counsel of my choice. In
addition and in the alternative I move for appoint of counsel without a conflict of interest.
RESPECTFULLY SUBMITTED October 14, 2014.
Neil J. Gillespie, petitioner pro se
8092 SW 115th
Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
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Certificate of Service
I HEREBY CERTIFY that Petitioners Motion to Renew Petition to Extend Time and in
Addition and in the Alternative a Motion to Appoint Counsel Without a Conflict of Interest, and
Petitioners Separate Request to Toll Time, were e-filed (or attempted) on the Florida Courts E-
Filing Portal October 14, 2014.
Courtesy PDF copies were provided by email to,
John A. Tomasino, Clerk, [email protected]
Supreme Court of Florida
500 South Duval Street
Tallahassee, Florida 32399-1927
Adria E. Quintela, Director of Lawyer Regulation,
The Florida Bar, [email protected]
John F. Harkness, Executive Director,
The Florida Bar, [email protected]
Neil J. Gillespie, petitioner pro se
8092 SW 115thLoop
Ocala, Florida 34481
Telephone: (352) 854-7807
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~ u r t t Q ourt
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jfloriba
THURSDAY, SEPTEMBER 18, 2014
CASE NO.: SC14-1637
NEIL J GILLESPIE vs. THE FLORIDA B R
Petitioner(s) Respondent(s)
Petitioner s motion for extension
of
time is granted and petitioner is allowed
to and including October 14, 2014, in which to serve the proper petition for writ of
mandamus and the motion for leave to proceed in forma pauperis. Failure to submit
the above referenced documents to this Court could result in the imposition of
sanctions, including dismissal of the petition.
Please understand that once this case is dismissed, it is not subject to
reinstatement.
A True Copy
Test:
John
Tomasino
Clerk, Supreme Court
ab
Served:
ADRIA E. QUINTELA
NEIL J. GILLESPIE
A
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Social
Security
Administration
Retirement Survivors and
Disability
Insurance
Notice of Award
Office
of
Disability
and
International
Operations
1500 Woodlawn Drive
Baltimore,
Maryland
21241-0001
Date:
August
23, 1993
Claim Number: 160-52-5117HA
NEIL J GILLESPIE
266 7 AVE NE APT 5
ST PETERSBURG,
FL
33701-2651
1
11 1
111
1 1 11
1 1
11 11
1
We recently told you that you met the medical requirements t receive Social
Security benefits. Now we
are
writing t tell you that you
meet
the
other
requirements. Therefore you qualify for monthly disability benefits from Social
Security beginning July 1992.
However, we
cannot pay
you for July 1992
through
July 1993.
The
Date You Became Disabled
We found
that
you became disabled under
our
rules on
January
17, 1992. This is
different from
the date
given on
the
application.
Also, you
have
to
be
disabled for 5 full
calendar months in
a row before you
can
be
entitled t benefits.
For these
reasons, your first
month of entitlement
to
benefits is
July
1992.
What We Will
Pay
And When
You will receive $1,185.00 for
August
1993
around September
3, 1993.
After
that
you will receive $1,185.00
each
month.
Your Benefits
We raised your monthly benefit
amount
beginning December 1992 because
the
cost
of
living increased.
Enclosure(s):
Pub
05-10072
Pub
05-10153
See
Next
Page
C
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. 160-52-5117HA
Page 2 of 3
Other Government Payments Affect
Benefits
Besides the money we are sending you now, you may be due some more Social
Security money for
July
1992 through
July
1993. We must first subtract the
amount of
your Supplemental
Security
Income
payments
for some or all
of
these
months
from
the
Social Security money you
are
due.
When
we figure
the
amount
we have to subtract we will send
another
letter to show how it was
done. If you are still due some money after the subtraction, we will also send
you a check.
Other Social Security Benefits
The benefit described
in
this letter is the only one you can receive from Social
Security.
If
you
think
that you might qualify for
another
kind
of
Social Security
benefit in the future, you will have to file another application.
Do You
Disagree
With
The Decision?
If
you
think
we
are
wrong, you
have
the
right
to appeal. A person who did
not
make the
first decision will decide your case. We will correct
any
mistakes.
e
will review those parts of the decision which you believe are wrong
and
will look
at any
new facts you have. We may also review those parts which you believe
are correct and may make them unfavorable or less favorable to you.
You have 60 days to
ask
for an appeal.
The 60 days start the day after you receive this letter.
You must have a good reason if you wait more
than
60 days to ask for an
appeal.
Things
To Remember For The Future
The
doctors
and other trained
personnel who decided that you
are
disabled expect
your
health
to improve. Therefore, we will review your case in July 1994. We
will send you a letter before we start the review. Based on that review, your
benefits will continue if you are still disabled, but will end if no longer disabled.
For you to be considered disabled under our rules, your health problems must
keep you from doing
not
only your usual work,
but
also any other kind
of
substantial
gainful work.
Also, you must meet
this requirement
at the
same
time when you have earned
enough credits for work
under
Social Security.
The
last date
when
you will have
earned
enough credits is December 1994.
Please
read
the enclosed pamphlet "How You Earn Social Security Credits,"
which explains how the credits are earned and how many a person needs to
receive benefits.
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160-52-5117HA
Page 3
of
3
Your
Responsibilities
The decisions we made on your claim
are
based on informat ion you gave us. If
this information changes,
it
could affect your benefits.
For this
reason,
it
is
important
that you
report
changes to us right away.
We have enclosed a pamphlet, When You
Get
Social Security Disability
Benefits...
What
You Need To Know.
It
will tell you
what must
be
reported and
how
t
report. Please be sure
to read
the parts of the
pamphlet
which explain
what
t do if you
go
to work or if your
health
improves.
If You Want Help With Your
Appeal
You can
have
a friend, lawyer or someone else help you.
There
are
groups
that
can help you find a lawyer or give you free legal services
if
you qualify.
There
are
also lawyers who do not charge unless you win your appeal. Your local Social
Security office
has
a list
of
groups
that can
help you
with
your appeal.
If you
get
someone to help you, you should let us know. If you hire someone, we
must
approve
the
fee before
he
or she
can
collect it. And if you hire a lawyer, we
will withhold
up t
25
percent of any past
due benefits to
pay
toward
the
fee.
If You Have Any Questions
If
you
have
any
questions, call us toll free
at
1-800-772-1213. We
can answer
most
questions over
the
phone. You
can
also
write
or visit
any
Social Security
office.
The
office
that
serves your area is located at:
DISTRICT
OFFICE
898 3 TH AVE NORTH
ST PETERSBURG,
FL
33704
If
you
do
call or visit
an
office, please
have this
letter
with
you.
It
will help us
answer your questions.
v
l
~ ~
Louis D Enoff
Acting Commissioner
of
Social Security
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IN
THE
CIRCUIT COURT
OF THE THIRTEENTH
JUDICIAL
CIRCUIT
IN AND
FOR
HILLSBOROUGH COUNTY, FLORIDA
GENERAL
CIVIL
DIVISION
NEIL
J.
GILLESPIE,
Plaintiff,
Case No. OS-CA-720S
Vs.
Division: "J"
BARKER, RODEMS
COOK,
P.A.
and
WILLIAM J. COOK,
Defendants.
~
ORDER DIRECTING CLERK OF COURT TO MAINTAIN COURT RECORDS
THIS CAUSE having
come
before the Court on the
Plaintiffs
Application for
Order
requiring
the Clerk
of
Court to deliver the court records in
Case
No. OS-CA-720S and the court having reviewed the
court file and all the pleadings filed therein, it is therefore
ORDER AND ADJUDGED
that the Plaintiffs Application for Order is denied. The Clerk of
Court is hereby directed to maintain the court records in the above style cause.
th
DONE AND ORDERED
in Chambers, at Tampa, Hillsborough County, Florida this 7 day
of
October, 2014.
JAMES D. ARNOLD, Circuit Judge
Copies furnished to:
Neil J. Gillespie
8092
SW S
th
Loop
Ocala, Florida 34481
Barker
&
Cook, P .A.
SOl
East Kennedy Blvd., Suite 790
Tampa, FL. 33602
ORIGIN L SIGNED
Ryan Christopher Rodems, Esquire
7- 2 1 1}
Morgan & Morgan, P.A.
JAMES D RNOLD
20 N. Orange Avenue
CIRCUIT JUDGE
Orlando, FL. 32801
William J. Cook, Esquire
SOl East Kennedy Blvd., Suite 790
Tampa, FL. 33602
Pat Frank, Clerk
of
Court
D
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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
NEIL J. GILLESPIE
Plaintiff/Counter Defendant,Case: 05-CA-7205
vs.
BARKER, RODEMS & COOK, P.A. and
WILLIAM 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 ordisposition 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 thephrasing 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 to
mean that courts should generally abide by precedent and not disturb settled matters.[2]
http://en.wikipedia.org/wiki/Precedent
E
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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 the
file for this case, in lieu of destruction, be released to him subsequent to the Court's
retention 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 with
objections 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 that
he 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 Office
of 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 the
file for this case, in lieu of destruction, be released to him subsequent to the Court's
retention 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 with
objections 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 that
he 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 Office
of 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 the
administrative 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 Constitution
and 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) 854-7807
Email: [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 Court
Hillsborough County, Florida
County Center
601 E. Kennedy Blvd.
Tampa, FL 33602-4156
VIA U.P.S. No. 1Z64589FP290607492
Barker & Cook, P.A.
501 E Kennedy Blvd. Suite 790Tampa, Florida 33602-5258
VIA U.P.S. No. 1Z64589FP293500270
Ryan Christopher Rodems
Morgan & Morgan, P.A.
20 N Orange Ave.
Orlando, Florida 32801-2414
VIA 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
jflorfba
TUESDAY, FEBRUARY 11 2014
CASE NO.: SCII-1622
Lower 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 hereby
acknowledged.
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 him
subsequent to the Court's retention 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 objection submitted must also be served on all other
parties; the parties who are served with objections have fifteen days to respond.
A True Copy
Test:
~ o m i n o
Clerk, Supretne Court
ab
Served:
RYAN CHRISTOPHER RODEMS
NEIL J GILLESPIE
HON. PAT FRANK, CLERK
HON. JAMES BIRKHOLD, CLERK
1
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18/30
SUPREME COURT
OF
FLORIDA
STATE OF FLORIDA
NEIL J. GILLESPIE
Plaintiff/Counter Defendant,
Case: SCII-1622
Lower Tribunal: 05-CA-7205
vs.
BARKER, RODEMS
&
COOK,
P.A. and
WILLIAM
J.
COOK,
Defendants/Counter Plainti
ffs.
/
APPLICATION FOR ORDER
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 of
Rule 2.430(g), Fla.R.Jud.Admin.:
g)
Disposition
ther
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 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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19/30
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. HALL
Office o the Clerk
Supreme Court
o
Florida
500 South Duval Street
Tal1ahassee, Florida 32399
VIA
V P S
No.
IZ64589FP290801254
I certify that a copy hereof has been furnished to each o the following:
HON. JAMES BIRKHOLD
Clerk
o
the Second District Court o Appeal
1005 E. Memorial Blvd.
Lakeland, FL 33801
VIA V P S
No.
lZ64589FP293714825
HON. PAT FRANK, Clerk
o
Circuit Court
County Center
601 E. Kennedy Blvd.
Tampa, FL 33602
VIA V P S No. lZ64589FP291209232
Ryan Christopher Rodems
Barker, Rodems & Cook, P.A.
501
E Kennedy Blvd. Suite 790
Tampa, Florida 33602-5258
VIA
V P S
No.
1Z64589FP290126047
RESPECTFULLY SUBMITTED September 27,2013.
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20/30
.
I
~ u p r t m t
ctourt of
jflortba
MONDAY, MARCH
12,
2012
2213SEP3 P
1=29
CASE NO.:
SC
11-1622
Lower Tribunal No(s).: 2DI o 97,
OS-CA-
7 P ; 2 0 m s ~ - - - - - -
NEIL J.
GILLESPIE
vs.
BARKER, RODEMS
COOK, 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 writ
of
mandamus directed towards the district
court, the petition is denied because a writ of mandamus cannot be issued
to
direct
the
manner
in
which a court shall act
in
the lawful exercise of its jurisdiction. State
ex 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
DCA
1982)
(stating that ma:ndamus
"is
not an appropriate vehicle
for
review of a merely
erroneous decision nor
is
it proper
to
mandate the doing (or undoing)
of
a
discretionary act"), approved,
431
So.
2d
986 (Fla. 1983). To the extent the
petitioner seeks
any
additional relief, the petition is dismissed as facially
insufficient.
PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.
A
True
Copy
Test:
~ l f , I / L
Clerlc
lt
Sliprellle
~ t u t
kb
Served:
NEIL J GILLESPIE /
RY
AN CHRISTOPHER RODEMS
HON. PAT FRANK, CLERK
HON. JAMES BIRKHOLD, CLERK
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~ u r t t Q ourt
of
jflorfba
WEDNESDAY, APRIL 16 2014
CASE NO.:
SC1I-I622
Lower Tribunal No(s).: 2DIO-5I97;
05-CA-7205
NEIL
J
GILLESPIE
vs. BARKER, RODEMS COOK,
ETAL.
Petitioner(s)
Respondent(s)
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 that he 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 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 appropriate
arrangements with the Office
of
the Clerk no more than 30 days prior to June 21,
2017, for the transfer of this file.
A True Copy
Test:
ab
Served:
RYAN CHRISTOPHER RODEMS
NEIL J GILLESPIE
WILLIAM
J
COOK
2
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~ u r t t
ourt of jflorfba
TUESDAY, FEBRUARY
11 2014
CASE NO.: SC11-858
Lower Tribunal No(s).: 05-CA-007205
NEIL J. GILLESPIE
vs. BARKER, RODEMS & COOK,
P.A., ET AL.
Petitioner(s)
Respondent(s)
Petitioner's withdrawal of motions for surrender of files is hereby
acknowledged.
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 him
subsequent to the Court's retention 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 objection submitted must also be served on all other
parties; the parties who are served with objections have fifteen days to respond.
A True Copy
Test:
ab
Served:
RYAN CHRISTOPHER RODEMS
NEIL J. GILLESPIE
HON. PAT FRANK, CLERK
DAVID A. ROWLAND
HON. JAMES D. ARNOLD, JUDGE
3
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23/30
SUPREME COURT OF FLORIDA
STATE OF FLORIDA
NEIL J. GILLESPIE
Plaintiff/Counter Defendant,
Case:
SCI 1-858
Lower Tribunal: 05-CA-7205
vs.
BARKER,
RODEMS
& COOK, P.A. and
WILLIAM J. COOK,
Defendants/Counter Plainti
ffs.
/
APPLICATION FOR ORDER
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 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.
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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8/10/2019 Petitioner's Motion for Extension of Time for Filing of Initial Brief
24/30
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
HALL
Office
of
the Clerk
Supreme Court
of
Florida
500 South Duval Street
Tallahassee, Florida 32399
VIA 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 Counsel
County Center Thirteenth Judicial Circuit
f
Florida
601 E
Kennedy
Blvd
800
E
Twiggs Street, Suite
603
Tampa, FL 33602 Tampa, Florida 33602
VIA V P S
No
IZ64589FP291209232 VIA V P S
No
lZ64589FP293610866
HON JAMES D ARNOLD, JUDGE
Ryan Christopher Rodems
800
E
Twiggs St., Room 514 Barker, Rodems
&
Cook, P.A.
Tampa, Florida 33602
SOl
E
Kennedy Blvd. Suite 790
VIA V P S No. IZ64589FP294570872 Tampa, Florida 33602-5258
VIA V P S No IZ64589FP290126047
RESPECTFULLY
SUBMITTED September 27, 2013.
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25/30
~ u p r t m t Q ourt
of
jflortba
WEDNESDAY, MAY 18
2011
CASE NO.:
sell 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, RODEMS
COOK, P.A., ET AL.
Petitioner s)
Respondent s)
The
petition
for writ
of
habeas corpus
is
hereby
denied.
PARIENTE LEWIS, QUINCE, POLSTON, and PERRY,
JJ.,
concur.
A True Copy
Test:
~ ~ t M
l tnas D. HaJI
Clerk, Silprellle COlut
ab
Served:
DA VIn A.
ROWLAND
NEIL
J. GILLESPIE
RY
AN CHRISTOPHER RODEMS
HON. PAT FRANK, CLERK
HON.
JAMES
D. ARNOLD, JUDGE
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26/30
~ u p r
ct ourt
of
jfloriba
WEDNESDAY, 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.
Petitioner(s)
Respondent(s)
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 having
determined that he 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 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 appropriate
arrangements with the Office
of
the Clerk no more than 30 days prior to June 17,
2016, for the transfer of this file.
A True Copy
Test:
John
A.T'omasino
Clerk, Supreme Coull
ab
Served:
RYAN CHRISTOPHER RODEMS
NEIL
J GILLESPIE
WILLIAM J COOK
DAVID
A
ROWLAND
4
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27/30
OATH OF OFFICE
Sl"A'fE OF
FLORIDA
,/
--
T 'E
. ..\ -
- I
1 do solemnly swear (or affirm)
that J will
support.. protect,
and defend the
Constitution and 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 J
wi)) well
and
faithfully perfoml
the duties
of
C"IICI
O R v t l A ~ \ S C ) .
, JJh"m'IJDI
~ \ J O I C 4 t - C ~ i j &A04JI /tIJA/II-rSl l
(Office)
on which lam now about to enter. so
help
me Go
Type Idenl /ic'alion
Produced
....
....
_ . _ _ . _ ~
~ ~ ~ ~ ~ ~ ~ ~ ~ .
ACCEPTANCE
lacceptlheofficeof c,ltop"" lM,I\Q,.T ;l\l6GI?#
7H ICT.#?Al'lH
~ O
CI ) IAJi "
B i ~ . . . .
.'
above is the
Oath
of
Office
taken
by me.
I n ~ i l l o n W ~ e a ~ v e o f f l c e l a ~ o h o ~ O ~ o f f i c e o f ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _
Mailing Address: 0 Home 621f}ffice Signature:
~ O O ~ : \ ~ \ \ . V &i. * 6D::L
M c : ~
\ c . \ M C l ~ '""3\..
Street or Post
Print
name
as
you desire commission issued
I
FL. 13'0"2-
~ ~ a d ~ ~ ~
ity, Statl,
Zip
Code
gnature
DS DE
56 Rev. OS/07
5
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28/30
IN
TI-IE
CIRCUIT COURT
OF
THE THIRTEENTH ruDICIAL CIRCUIT
IN AND
FOR
HILLSBOROUGH COUNTY, STATE OF FLORIDA
GENERAL CIVIL DIVISION
NEIL
J.
GILLESPIE,
CASE NUMBER.: 05-CA-7205
Plaintiff,
DIVISION: J
v.
BARKER, RODEMS & COOK, P.A.,
a Florida corporation; WILLIAM J.
COOK
Defendants.
/
ORDER
RELIEVING THE
OFFICE OF THE
PUBLIC
DEFENDER Oli
H E ~ ?
THIRTEENTH
JUDICIAL
CIRCIDT FROM REPRESENTATION
r ~ ~
OF
PLAINTIFF
NEIL
GILLESPIE ~ ; ~ ~
N
~
THIS CAUSE having come to be heard on the Motion
of
the Office of the Public Defender
for Clarification and the Court being fully advised in the premises does hereby relieve the Office of
the Public Defender of the Thirteenth Judicial Circuit from representation of the plaintiff in this cause
as there is no lawful basis for the appointment of the Office of the Public Defender to represent the
plaintiff in the cause currently before the Court.
June, 2011.
THIRTEENTH ruDICIAL CIRCUIT
HILLSBOROUGH COUNTY, FLORIDA
Copies furnished to:
_ - N e i l G i l l e s p i ~ 0 9 z SW
1
15
th
.
Loop; 0calat
Fk-3-44-g
_
-
-_._-_._--
-_.- ---------------.---------------. ---- -
Ryan
C. Rodems, Barker, Rodems
&
Cook, 400
North
Ashley Dr., Ste. 2100, Tampa, FL 33602
Richard L. Coleman, Esq., P.O. Box 5437, Valdosta, GA 31603
. .
ST TE OF
FLORID )
MIke Peacock, Office of the PublIC Defender
COUNTY OF
H I L L S B O R O U ] ~
THIS IS TO CERTIFY TH T THE FOREGOING
IS
A TRUE
_
day of
ONE AND ORDERED at Tampa, Hillsborough County, Florida on
~ ~ ~ ~ L E J M E S D R N O L D
~ a a ~ ~ T COURT ruDGE
ND CORRECT
COpy
OF
THE DOCUMENT ON
FILE
IN
/km
~ s ~ f t b ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ : : ~ ~ I : ~ :
1'c\\,,
: ~ ~ ~ ..
?VJ.
~
PAT FRANK
\ ~ 1 ;
~ CLERK
OF CIRCUIT
COURT
I l \ : ~ ~ ~ , ~ ' f . -
BY
..........................
D.C.
F
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29/30
IN
THE
CIRCUIT COURT OF
THE THIRTEENTH
JUDICIAL CIRCUIT
IN AND
FOR
HILLSBOROUGH COUNTY, FLORIDA
GENERAL CIVIL DIVISION
NEIL
J.
GILLESPIE,
Plaintiff,
vs.
Case No.:
05CA7205
Division:
J
BARKER, RODEMS & COOK, P.A.,
a Florida corporation; and WILLIAM
J.
COOK,
Defendants.
/
WRIT
OF
BODILY ATTACHMENT
THE STATE OF FLORIDA:
.- ,0 :
_
-
.._ t .:
To Each Sheriff of the State:
o
It appearing to the Court that NEIL
J.
GILLESPIE, of 8092 SW 115
th
L o o p j - O c q J ~
Florida 34481, although properly served witl1 the Order to Show Cause entered May-Ll', 2011, i
failed to appear on June
1, 2011
and show cause,
if
any,
why
he should not be held in contempt
for failure to appear for deposition and produce documents pursuant to the Notice Of Deposition
Duces Tecum as ordered by this Court.
This Writ, therefore, is to command you to take NEIL J. GILLESPIE into custody and
bring him before the Honorable James D. Arnold, at Courtroom 501,800 East Twiggs Street,
Tampa, Florida 33602, immediately, and within
72
hours after he is taken into custody, for a
hearing to determine whether he shall be held in custody until the deposition ordered by the
Court is completed.
Service and execution of this Writ
may
be made on any day of the
week
and any time
of
the day or night.
DONE AND ORDERED in Chambers at Tan1pa, Hillsborough County, Florida, this 1st
day of June, 2011.
STATE OF
FLORIDA
COUNTY
OF HILLSBOROUGH)
THIS IS TO CERTIFY THAT THE FOREGOING IS
A
TRUE
AND
CORRECT COpy
OF
THE DOCUMENT ON FILE
IN
~ ~ I S ~ ~ ~ ~ ~ ; . ~ ~ ~ ~ ~ : : ~ ~ . I : ~ :
_
,
\t
e '1
f ~ ~ ~ ~ ~ f ; I t
PAT FRANK
~ ~
CLERK OF CIRCUIT COURT
~ ~ ~ ~ ~ j
J),.-1--r
I I ~ ~ ~ ~ ~ ~ ~ ~
~ ~
......................
D.C.
G
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30/30
...................................................... ~
(
DESCRIPTION
OF SU BJECT
Race: Caucasian
Gender: Male
Date Birth: 03/19/195
Social
Security
Number:
Hair:
Grey
Height:
5'10"
Weight: 240 pounds
Other:
2