Petitioner's Motion for Extension of Time for Filing of Initial Brief

8/10/2019 Petitioner's Motion for Extension of Time for Filing of Initial Brief

1/30

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


2/30

2

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.


3/30

3

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


claid_judges_manual_acknowledgments.authcheckdam.pdf

e. Forward to the ABA Directory


claid_judges_manual_foreword.authcheckdam.pdf

f. Appendix: International Law Relating to Appointment of Counsel in Civil

Proceedings


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.


4/30

4

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


5/30

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


Telephone: (352) 854-7807


6/30

~ u r t t Q ourt

of

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


7/30

Date calculator: Add to or subtract from a date

This service enables you to add or subtract days, months and years to a date to calculate a past or future date.

Design changes: What is new and why?

From Tuesday, October 14, 2014

Added 30 days

Result: Thursday, November 13, 2014

Copyright Time and Date AS 19952014. All rights reserved.

http://www.timeanddate.com/date/dateadded.html?m1=10&d1=14&y1=2014&type=add&ay=&am=&aw

B


8/30

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


9/30

. 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.


10/30

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


11/30

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


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


12/30

7

Z ;'77t

' , r m

r,

I

. , ',,', Grr 1 1 l l . ~ "'rIt ' r

-r : : ~ } ~ r ~

. . . . . ~ : . ~

JAMES D. ARNOLD

~ 3 , 3 5

i R

.

- -

L

Hasler

CIRCUIT JUDGE

(;.S

'J:)(';-r

~ ' J : : 4

1 8 2 14

THIRTEENTH JUDICIAL CIRCUIT

: ~ ~ ~ . i ; ;:-

,.;

$00

HILLSBOROUGH COUNTY COURTHOUSE

L I 1 - I ; l . l . . j t ; ~ 1 : W

TAMPA, FLORIDA 33602

L i : ~ i ~

' t j ~ ~ ~ t = . . . .

ZIP 3

u::.

1 ~

.-- .

:42.

011011

Neil J. Gillespie

8092 SW 115

th

Loop


3::: 1-48 i 35 792

,J1111111III

11 1 11

111

II flit ..1111

1

1

1

11

11

,,1,1

1

I

tllllll,l

t

pi

\

S .

.12 2 ;;


13/30

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


14/30

2

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.


15/30

3

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


Telephone: (352) 854-7807

Email: [email protected]


16/30

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


Telephone: (352) 854-7807


17/30

~ 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


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.

/


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


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.


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


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


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.


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. JAMES BIRKHOLD, CLERK


21/30

~ 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


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:


NEIL J GILLESPIE

WILLIAM

J

COOK

2


22/30

~ 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:


NEIL J. GILLESPIE


DAVID A. ROWLAND

HON. JAMES D. ARNOLD, JUDGE

3


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.

/


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


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.


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


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


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.


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.

JAMES

D. ARNOLD, JUDGE


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


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:


NEIL

J GILLESPIE

WILLIAM J COOK

DAVID

A

ROWLAND

4


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


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


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


29/30

IN

THE

CIRCUIT COURT OF

THE THIRTEENTH

JUDICIAL CIRCUIT

IN AND

FOR


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


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

Petitioner's Motion for Extension of Time for Filing of Initial Brief

Documents

Transcript of Petitioner's Motion for Extension of Time for Filing of Initial Brief