Appellant's Amended Motion to Extend Time
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Transcript of Appellant's Amended Motion to Extend Time
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8/9/2019 Appellant's Amended Motion to Extend Time
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IN THE DISTRICT COURT OF APPEAL
FOR THE FIFTH DISTRICT, FLORIDA
NEIL J. GILLESPIE, ETC.,
APPEAL NO. 5D15-0340
Appellant,
L.T. 2013-CA-000115
VS. 42-2013-CA-000115-AXXX-XXMARION COUNTY, FLORIDA
REVERSE MORTGAGE SOLUTIONS,
INC., Residential Home Foreclosure Case
Appellees. Florida Homestead of Neil J. Gillespie
_______________________________________ /
APPELLANT’S AMENDED MOTION TO EXTEND TIME TO RESPOND
TO SHOW CAUSE ORDER
Appellant pro se Neil J. Gillespie, an indigent/insolvent nonlawyer, unable to obtain
adequate counsel, a person with disabilities, and consumer of legal and court services affecting
interstate commerce, henceforth in the first person, hereby moves to extend time to file a
response to this Court’s Order April 27, 2015, and states as follows:
1. This Court entered an Order April 27, 2015 that amounts to an order to show cause:
DATE: April 27, 2015 - BY ORDER OF THE COURT:
Upon consideration that this appeal is a non-final appeal and the initial
brief was due fifteen days after the filing of the notice of appeal, it is
ORDERED, sua sponte, that Appellant shall file with this Court and show
cause, on or before ten days from the date hereof, why the above-styled appeal should
not be dismissed for failure to file a brief and appendix in the cause.
2. I move to extend time under Fla. R. App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514,
until Monday May 11, 2015.
3. I am disabled with, inter alia, type 2 adult onset diabetes. Treatment thereof has not been
sufficient. On May 1, 2015 I obtained injectable Humulin insulin, receipt attached. On Monday
May 4, 2015 I visited my doctor and got instructions how to inject the insulin, and what other
medications to continue or to stop.
4. The attached Accu-Chek Compass One Page Summary Report 4/25/2015 - 5/8/2015
shows little improvement from earlier glucose level reports. Today the number exceeded 400.
R E C E I V E D , 5 / 8 / 2 0 1 5 4 : 0 1 P M , J o a n n e P . S i m m o n s , F i f t h D i s t r i c t C o u r t o f A p p e a l
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5. I am significantly disabled by glucose levels shown on the attached report.
6. Enclosed is Notice to the Fifth Judicial Circuit that its Public Records Policy is unlawful.
7. Enclosed is my response and records request to Ms Savitz Bar Counsel May-08-2015.
8. Enclosed is my response to Paul Hill-General Counsel-ADA Coordinator-TFB May-08-2015
WHEREFORE, I respectfully move the Court to extend time until Monday May 11, 2015
and consider this amended motion.
RESPECTFULLY SUBMITTED May 8, 2015.
Neil J. Gillespie, appellant pro se
8092 SW 115
th
Loop Telephone: (352) 854-7807Ocala, Florida 34481 Email: [email protected]
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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFIFTH DISTRICT
NEIL J. GILLESPIE, ETC. ,
Appellant,
v. CASE NO. 5D15-0340
REVERSE MORTGAGESOLUTIONS, INC., ET AL.,
Appellees. ________________________/
DATE: April 27, 2015
BY ORDER OF THE COURT:
Upon consideration that this appeal is a non-final appeal and the initial
brief was due fifteen days after the filing of the notice of appeal, it is
ORDERED, sua sponte, that Appellant shall file with this Court and show
cause, on or before ten days from the date hereof, why the above-styled appeal should
not be dismissed for failure to file a brief and appendix in the cause.
I hereby certify that the foregoing is(a true copy of) the original Court order.
cc:
Curtis A. Wilson Neil J. Gillespie
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Accu-Chek CompassOne Page Summary Report4/25/2015 - 5/8/2015
Neil J. Gillespie
Birth Date: 3/19/1956
0
50
100
150
200
250
300
350
400
450
500
550
600
4/252015
4/26 4/27 4/28 4/29 4/30 5/1 5/2 5/3 5/4 5/5 5/6 5/7 5/8
b G (
m g / d L )
Trend GraphTrend Graph
0
50
100
150
200
250
300
350
400
450
500
550
600
Night BeforeBreakfast
After Breakfast
BeforeLunch
After Lunch
BeforeDinner
After Dinner
Evening
b G (
m g / d L )
Average Day Average Day
Target RangeTarget RangeOverallOverall
Above 100.0% (11 tests)
Before MealsBefore Meals
Above 100.0% (6 tests)
After Meals Af ter Meals
Above 100.0% (3 tests)
Above Target
Within Target
Below Target
Hypo
( > 140 mg/dL ):
( 70 - 140 mg/dL ):
( 50 - 69 mg/dL ):
( < 50 mg/dL ):
11
0
0
0
100.0%
0.0%
0.0%
0.0%
Highest bG (mg/dL):
Lowest bG (mg/dL):
Average bG (mg/dL):
Number of HIs:
Number of LOs:
423
202
327.6
0
0
Total # of Tests:
Avg. # Tests per Day:
Standard Deviation:
11
0.8
62.5
Range Tests Percent
Page 1 of 1Printed: 5/8/2015 Roche Diagnostics
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8/9/2019 Appellant's Amended Motion to Extend Time
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Certificate of Service - May 8, 2015
Fifth District Court of Appeal, Florida
Appellant’s Amended Motion to Extend Time to Respond to Show Cause Order
Appeal No. 5D15-0340
I certify that today May 8, 2015, the foregoing Appellant’s Amended Motion to Extend
Time to Respond to Show Cause Order was E-filed in the Fifth District Court of Appeal, and furnished to the names below by E-mail, except for The Honorable Hale Ralph Stancil, his email
is blocked, and was served by UPS instead.
The Honorable Hale Ralph Stancil Mr. Curtis Alan Wilson, FL Bar No. 77669
Florida Circuit Court Judge Ms. Danielle Nicole Parsons, FL Bar No. 29364
Marion County Judicial Center McCalla Raymer, LLC
110 N.W. 1st Avenue, Ocala, FL 34475 225 E. Robinson Street, Ste. 660
Blocked email: [email protected] Orlando, FL 32801
VIA UPS No. 1Z64589FP299002502 Email: [email protected]
The Honorable Joanne P. Simmons The Honorable David R. EllspermannClerk of Court, Clerk’s Office Marion County Clerk of Court & Comptroller
Fifth District Court of Appeal 110 N.W. 1st Avenue, Ocala, FL 34475
300 South Beach Street Email: [email protected]
Daytona Beach, FL 32114 Mr. Gregory C. Harrell, General Counsel
Not served on request Email: [email protected]
Ms. Colleen Murphy Davis, AUSA Ms. Michalene Y. Rowells, Paralegal Specialist
400 N. Tampa Street, Suite 3200 U.S. Department of HUD
Tampa, FL 33602 909 SE 1st Ave., Suite 500
[email protected] Miami, FL 33131
[email protected] Tel. 305-520-5104; Fax: 305-536-5129Email: [email protected] Email: [email protected]
Marion County Florida Sheriff Chris Blair, Marion County
Board of County Commissioners (BOCC) Email: [email protected]
Comm. Stan McClain, Chairman, District 3 Marion County Sheriff’s Office (MCSO)
Comm. Kathy Bryant, Vice Chair, Dist. 2 692 NW 30th Ave., Ocala, FL 34475
Comm. Carl Zalak, III, District 4 Tel. (352)732-8181, http://marionso.com/
Comm. David Moore, District 1 ATTN: Lt. Bill Sowder, Civil Division
Comm. Earl Arnett, District 5 Bailiff and Civil Process Services
Bill Kauffman, Interim Co. Administrator Email: [email protected]
Matthew Guy Minter, County AttorneyEmail: [email protected]
Oak Run Homeowners Association, Inc. Development & Construction Corporation of America,
c/o ORHA Board of Directors c/o Carol Olson, Vice President of Administration,
7480 SW Highway 200 and Secretary-Treasurer, for RA Priya Ghumman
Ocala, FL 34476 10983 SW 89 Avenue, Ocala, FL 34481
Email: [email protected] Email: [email protected]
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Certificate of Service, May 8, 2015 (5thDCA) Appeal No. 5D15-0340
Appellant’s Amended Motion to Extend Time to Respond to Show Cause Order
2
Neil J. Gillespie and Mark Gillespie as Unknown Settlers/Beneficiaries Of
Co-Trustees Of The Gillespie Family The Gillespie Family Living Trust
Living Trust Agreement Dated Agreement Dated February 10, 1997
February 10, 1997 (The Trust was Terminated February 2, 2015)
(The Trust was Terminated Feb-02-2015) c/o Neil J. Gillespie
(Mark Gillespie resigned as co-trustee) 8092 SW 115th Loop8092 SW 115th Loop, Ocala, FL 34481 Ocala, Florida 34481
Email: [email protected] Email: [email protected]
Mark Gillespie Unknown Trustees, Settlers And Beneficiaries
7504 Summer Meadows Drive Of Unknown Settlers/Beneficiaries Of The
Ft. Worth, TX 76123 Gillespie Family Living Trust Agreement
Email: [email protected] Dated February 10, 1997.
(The Trust was Terminated February 2, 2015)
Neil J. Gillespie c/o Neil J. Gillespie
8092 SW 115th Loop 8092 SW 115th Loop
Ocala, FL 34481 Ocala, Florida 34481Email: [email protected] Email: [email protected]
Unknown spouse of Mark Gillespie Unknown spouse of Elizabeth Bauerle
n/k/a Joetta Gillespie 6356 SW 106th Place
c/o Mark Gillespie Ocala, FL 34476
7504 Summer Meadows Drive c/o Mark Gillespie
Ft. Worth, TX 76123 Email: [email protected]
Email: [email protected]
Elizabeth Bauerle Unknown Tenant in Possession 1 and
n/k/a Elizabeth Bidwood Unknown Tenant in Possession 2c/o Mark Gillespie c/o Neil J. Gillespie
Email: [email protected] Email: [email protected]
RESPECTFULLY SUBMITTED May 8, 2015.
NEIL J. GILLESPIE, individually, and as former The Gillespie Family Living Trust
Trustee, as provided by F.S. Ch. 736 Part III, Agreement Dated February 10, 1997
of the Terminated Gillespie Family Living Trust Was Terminated February 2, 2015.Agreement Dated February 10, 1997. A Certified Copy Of The Recorded
8092 SW 115th Loop Instrument Terminating The Trust
Ocala, Florida 34481 Is Attached Hereto As Recorded By
Phone: 352-854-7807 The Marion County Clerk & Comptroller
Email: [email protected] Book6161/Page1844, CFN#2015009748
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Termination of the Gillespie Family Living Trust Agreement Dated February 10 1997
STATE
OF
FLORIDA
)
DAVID R
EllSPERM NN CLERK & COMPTROLLER
MARION
co
) SS.:
DATE: 02 03 2015 11 :55:32 AM
COUNTY OF MARION
)
FILE
#:
2015009748 OR BK 6161 PGS 1844-1845
FFID VIT
REC FEES: $18.50 INDEX FEES: $0.00
DDS: $0 MDS: $0 INT:
0
BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly
sworn deposed upon oath as follows:
I.
My name is Neil J. Gillespie. I am over eighteen years
of
age. This affidavit is given
on
personal knowledge unless otherwise expressly stated.
2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10
1997 (hereinafter "Trust").
\
\
oeZ=
My Florida residential homestead property is the sole asset of the Trust, property address
"
8092
SW
115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I
have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.
7013-007-00 I, legal description:
Lot(s) ], Block G, OAK
RUN
WOODSIDE TRACT, according
to
the Plat thereof as
recorded
in
Plat Book 2 at Page(s)
106
through I]2 inclusive
of
the Public Records
of
Marion County, Florida.
4.
Pursuant to
my
authority as Trustee of the Trust, and acting in that capacity, I transferred
the remaining trust property to the beneficiary, myself, on January 14, 2015.
5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby
terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V the Trust. The total fair
market value of the assets of the Trust is zero. The Trust served its intended purpose of
transferring the property to the beneficiary without going through probate.
6. Pursuant to Fla. Stat.
§
736.0414 Modification or tenn ination of uneconomic trust. (1)
After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property
Book6161/Page1844
CFN#2015009748
Page 1 of 2
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8/9/2019 Appellant's Amended Motion to Extend Time
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having a total value less than $50,000 may terminate the trust the trustee concludes that the
value o the trust. property
is
insufficient to justify the cost
o
administration.
FURTHER AFFIANT
SA
YETH
NOT,
The foregoing instrument was acknowledged before me, this 2nd day
o
February, 2015,
1=l--'bL
-
t i ~ u
SlD
o;tl
0
y
Neil J. Gillespie, who is personally known to me, or who has produced . as
. identification and· states that he is. the person who made this affidavit and that its c o ~ t e n t s are
truthful to the best
o
his knowledge, information and belief.
Notary Public State
of
Florida
(SEAL)
Angelica Cruz
My
Commission EE067986
Expires 02127 2015
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NOTAR UBLIC
Print Na o Notary PublIc
My Commission Expires: 2 J ; ; J ; _ ~ = _._ _)5
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