2dDCA 2D10 5197 Amended Application For Order June 12 2014

SECOND DISTRICT COURT OF APPEAL
STATE OF FLORIDA
NEIL J . GILLESPIE
Plaintiff/Counter Defendant, Appellate Case: 2D10-5197
Lower Tribunal Case: 05-CA-7205
vs.
BARKER, RODEMS & COOK, P.A. and
WILLIAM J . COOK,
Defendants/Counter Plaintiffs.
________________________________________/
AMENDED APPLICATION FOR ORDER
1. Applicant Neil J . Gillespie pro se files Amended Application For Order in the first person:
2. This Courts Order entered November 7, 2013 denied Appellant's application for order
without due process. See the Florida Supreme Court procedure in SC11-1622 and SC11-858.
3. This Courts Order entered December 5, 2013 took no judicial action on my notice of
appeal, contrary to Art. V, sec. 2(a), Fla. Const. and Rule 9.040(b)(1), requiring transfer of the
cause to an appropriate court, the Florida Supreme Court.
4. The case file in appeal 2D08-2224 appears wrongly destroyed April 10, 2014.:
J udge Davis has turned over your lengthy submission to me for a response. 2008-2224
we do not show has been destroyed, although the time has expired to retain the file and it
is possible it has been destroyed and a clerical error may lead to the conclusion that we
retain it. This file if we have it is stored offsite. On our next trip to that storage area we
will check and get back to you on this. The other concerns you express in your
submission do not seem to be matters that would invite appropriate comment from the
court. - signed J ames Birkhold, Clerk, October 7, 2013.
Table of Contents
Sect. I. P.2 Amended Application For Order submitted today, J une 12, 2014.
Sect. II. P.2 Order November 7, 2013 denied relief without due process.
Sect. III. P.4 Order December 10, 2013 violated Art. V, sec. 2(a), Fla. Const.
Sect. IV. P.5 Appeal file 2D08-2224 destroyed April 10, 2014; Robert Bauer attorney.
Sect. V. P.9 $14 charge for records showing who entered 13 anonymous court orders.
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Section I. Amended Application For Order submitted today, J une 12, 2014.
5. Applicant Neil J . Gillespie, reluctantly appearing pro se due to indigence and/or
insolvency, applies to the Second District Court of Appeal pursuant to Rule 2.430(g),
Fla.R.J ud.Admin., for an Order requiring the clerk to deliver to the applicant the court records in
Appellate Case No.: 2D10-5197 that are to be destroyed or disposed of.
Rule 2.430(g), Fla.R.J ud.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.
All parties shown on the certificate of service were provided a copy of this application.
RESPECTFULLY SUBMITTED J une 12, 2014.
6. The Florida Supreme Court established procedure to grant my application for order in
SC11-1622 and SC11-858 that must be followed here under the principal of stare decisis.
Stare decisis (pronunciation omitted) is a legal principle by which judges are obliged to
respect the precedent established by prior decisions. The words originate from the
phrasing of the principle in the Latin maxim Stare decisis et non quieta movere: "to stand
by decisions and not disturb the undisturbed."[2] In a legal context, this is understood to
mean that courts should generally abide by precedent and not disturb settled matters.[2]
http://en.wikipedia.org/wiki/Precedent
Section II. This Courts Order entered November 7, 2013 denied relief without due process.
Due process, by Peter Strauss http://www.law.cornell.edu/wex/due_process
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures...
7. On November 7, 2013, this Court entered the Order appearing at Exhibit 1, holding,
BY ORDER OF THE COURT: Appellant's application for order is denied.
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The Order does not carry the name of a judge, and me denied due process.
8. On September 27, 2013 I submitted my application for order appearing at Exhibit 2,
Applicant Neil J . Gillespie (hereinafter Applicant), reluctantly appearing pro se due to
indigence and/or insolvency, applies to the Second District Court of Appeal pursuant to
Rule 2.430(g), Fla.R.J ud.Admin., for an Order requiring the clerk to deliver to the
applicant the court records in Appellate Case No.: 2D10-5197 that are to be destroyed or
disposed of.
Rule 2.430(g), Fla.R.J ud.Admin.:
be destroyed or disposed of. All parties shall be given notice of the application.
RESPECTFULLY SUBMITTED September 27, 2013.
9. The Florida Supreme Court entered an Order in SC11-1622 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. J ud. 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.
10. The Florida Supreme Court GRANTED my application in SC11-1622 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 J udicial
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
J udicial Administration, petitioner shall make appropriate arrangements with the Office
of the Clerk no more than 30 days prior to J une 21, 2017, for the transfer of this file.
11. The Florida Supreme Court entered an Order in SC11-858 February 11, 2014. (Exhibit 5),
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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. J ud. 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.
12. The Florida Supreme Court GRANTED my application in SC11-858 April 16, 2014. The
Order appears at Exhibit 6.
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 J udicial
Administration, the court approves his application and will surrender this court's file to
him in lieu ofits destruction. In compliance with rule 2.430(c)(3)(A) of the Rules of
J udicial Administration, petitioner shall make appropriate arrangements with the Office
of the Clerk no more than 30 days prior to J une 17, 2016, for the transfer of this file.
Section III. This Courts Order entered December 10, 2013 violated Article V, Section 2(a), of
the Florida Constitution; and Rule 9.040(b)(1), Florida Rules of Appellate Procedure.
13. On December 5, 2013, I appealed this Courts ruling holding Appellant's application for order is
denied to the U.S. Supreme Court during pendency of Petition 13-7280. (Exhibit 7).
14. The Courts Order December 10, 2013 (Exhibit 8) held,
On December 6, 2013, appellant submitted to this court a notice of appeal, seeking
review in the Supreme Court of the United States of this court's order of November
7,2013. Review of state court judgments in the Supreme Court is governed by United
States Supreme Court Rule 12, and this provision does not provide for the filing of a
notice of appeal with the lower tribunal. As such this court is not empowered to transmit
appellant's notice to the Supreme Court, and no judicial action will be taken upon the
notice by this court.
15. The Order does not carry the name of a judge, and me denied due process by violating
Art. V, sec. 2(a), Fla. Const., and Rule 9.040(b)(1), requiring transfer of the cause to an
appropriate court, the Florida Supreme Court.
Article V, Section 2(a), of the Florida Constitution
SECTION 2. Administration; practice and procedure.
(a) The supreme court shall adopt rules for the practice and procedure in all courts including the
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time for seeking appellate review, the administrative supervision of all courts, the transfer to the
court having jurisdiction of any proceeding when the jurisdiction of another court has been
improvidently invoked, and a requirement that no cause shall be dismissed because an improper
remedy has been sought....
Rule 9.040(b)(1), Florida Rules of Appellate Procedure
(b) Forum
(1) If a proceeding is commenced in an inappropriate court, that court shall transfer the cause to
an appropriate court.
16. The case docket in 2D10-5197 (Exhibit 9) shows Notice of Appeal February 13, 2014 with a note,
S. Ct. order dated 02/11/14 with attachments. This may be the same Florida Supreme Court
Order that appears at Exhibit 3. I cannot view the document online. Florida citizens are
prohibited from viewing online court documents with the Florida Courts E-filing portal, which is
limited to lawyers. The Florida Courts E-filing portal is an inferior state rendition of federal
PACER, Public Access to Court Electronic Records, that permits public access to United States
federal court documents. I have had a PACER account in good standing since 1999.
Section IV. The case file in appeal 2D08-2224 appears wrongly destroyed April 10, 2014.
17. Clerk of Court J ames Birkhold provided me a form letter dated October 7, 2013 that
appears at Exhibit 10. This message appears at the bottom of the form letter,
J udge Davis has turned over your lengthy submission to me for a response. 2008-2224
we do not show has been destroyed, although the time has expired to retain the file and it
is possible it has been destroyed and a clerical error may lead to the conclusion that we
retain it. This file if we have it is stored offsite. On our next trip to that storage area we
will check and get back to you on this. The other concerns you express in your
submission do not seem to be matters that would invite appropriate comment from the
court. - signed J ames Birkhold, Clerk, October 7, 2013.
The case docket appears at Exhibit 11 and shows three relevant entries:
August 23, 2013: Miscellaneous Motion by Neil J . Gillespie to surrender files.
September 20, 2013: Deny Miscellaneous Motion-79a, see order in 11-2127.
April 10, 2014: Case Destroyed
18. I was represented by attorney Robert W. Bauer in Appeal No. 2D08-2224. The case
docket (Exhibit 11) shows Mr. Bauer moved to withdrawal October 16, 2008. I filed an
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objection, and the Court DENIED Bauers motion to withdrawal October 30, 2008. Still, Bauer
refused to work on the case, failed to file a reply brief, and abandoned both the ongoing trial
court civil case (05-CA-7205) and Appeal No. 2D08-2224. Mr. Bauer was a referral from The
Florida Bar Lawyer Referral Service, charged $31,863 for hourly representation, abandoned the
case, and switched sides to join with Mr. Rodems, who represented the Defendants and Counter
Plaintiffs Barker, Rodems & Cook, PA, and William J . Cook, who defrauded me of $7,143 in the
settlement of the AMSCOT case, and described in Mr. Bauers Initial Brief filed on my behalf.
19. Appellants Initial Brief, 2D08-2224, by Robert W. Bauer, Esq. for Neil Gillespie (Appendix),
sought to overturn an $11,550 debt judgment for attorney fees, that later was the basis of bribery.
20. Robert W. Bauer: STATEMENT OF THE CASE AND FACTS, Initial Brief 2D08-2224.
This is a case of an inexperienced, unknowledgeable pro se litigant who filed a motion
which he in good faith believed was supported by material facts being sanctioned
because he does not possess the skills and qualities of an attorney. His motion was a
carbon copy of a motion filed by the opposing counsel. In his confusion about the proper
format of this kind of motion, the pro se appellant used the opposing counsel's motion as
an example. He believed that following the example of practiced attorneys would ensure
that his motion would be properly styled. As a pro se appellant, he should not be held to
the standard of a licensed attorney and should instead be granted leniency by the court.
Barker, Rodems, and Cook represented the appellant in an action against Amscot
Corporation, and it was this case that led to the action before this Court. R. at 11. The
case ended in a settlement in which each of the three plaintiffs, including the appellant,
received $2,000, and Barker, Rodems, and Cook were awarded $50,000 for attorney's
fees and costs. R. at 12. The appellant became suspicious of his attorneys' motives during
the course of settlement discussions because of the attorneys' insistence that the true
barrier to settling the case was paying the plaintiffs. R. at 13-14.
The appellant was told that the $50,000 award of attorney's fees was ordered by the
United States Court of Appeals for the 11 th Circuit. R at 8. However, this was not true,
as that Court actually dismissed the case with prejudice, and ordered each party to pay
their own attorney's fees and costs. R. at 31. Only later did the law firm disclose to the
appellant how much was actually expended in legal fees, and the figure was much less
than the $50,000 the firm received in the settlement. R. at 13. This discrepancy in the
actual costs and expenses and those awarded led the appellant to file a complaint against
his former attorneys for breach of contract and fraud. R. at 8-31.
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After the appellant filed his initial complaint, the Defendants responded with a "Motion
to Dismiss and Strike." R. at 32-33. Parts of this motion were not successful
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. R. at 36-37.
Later, the Defendants filed their "Answer, Affirmative Defenses and Counterclaim,"
which made claims against the appellant for libel. R. at 38-48. The appellant responded
to this motion with "Plaintiffs Motion to Dismiss and Strike Counterclaim," in which the
appellant made claims in paragraphs 3-8 that were almost identical to those made in the
Defendants' previous "Motion to Dismiss and Strike." R. at 49-50. This pleading
prompted the Defendants to file "Defendants' Motion for Sanctions Pursuant to Section
57.105(1), Florida Statutes," which was later amended. R. at 55-57; 82-105.
Attorney's fees were eventually awarded against the appellant on March 27, 2008. R. at
204-205. On April 25, 2008, the appellant filed his "Notice of Appeal." R. at 206-208.
The issue on review for this Court is whether the lower court abused its discretion in
awarding attorney's fees against the appellant. The appellant respectfully asks this Court
to reverse the trial court's award of attorney's fees against the appellant.
21. Mr. Rodems later represented Mr. Bauer J une 21, 2011 against me in the same trial court
civil case (05-CA-7205), and bribed Florida judges and others, see my letter to Virlindia A.
Doss, Executive Director, Florida Commission on Ethics, April 23, 2014, beginning at page 3:

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Note: I established a cause of action for fraud and breach of contract against Barker, Rodems &
Cook, PA and Mr. Cook, see Order On Defendants Motion To Dismiss And Strike, entered by
the Hon. Richard A. Nielsen, J anuary 13, 2006: (Exhibit 14)
THIS CAUSE came on for hearing on September 26,2005, upon Defendant's Motion to Dismiss
and Strike, and counsel for the parties being present and having made arguments and the court
having considered the Plaintiffs Rebuttal to Defendant's Motion to Dismiss and Strike.
Defendant's Reply to Plaintiffs Rebuttal to Defendant's Motion to Dismiss and Strike and the
Plaintiff's Second Rebuttal to Defendant's Motion to Dismiss and Strike, and the court being
advised fully in the premises, it is thereupon,
ADJ UDGED as follows:
1. Defendant's Motion to Dismiss and Strike is granted in part and denied in part.
2. Those portions of Defendant's Motion to Dismiss and Strike seeking to dismiss the Complaint
are denied. Defendant shall have fifteen days from the date of this order within which to file
responsive pleadings.
3. Those portions of Defendant's Motion to Dismiss and Strike seeking to strike portions of the
Complaint is granted in the following particulars:
a. Paragraphs 47, 48, 49 and 50 of the Complaint are stricken.
b. Exhibit 8 to the Complaint is stricken.
c. All references to or demands for punitive damages are stricken or failure to comply
with 768.72 of the Florida Statutes.
ORDERED in Chambers, at Tampa, Hillsborough County, Florida J AN 13 2006
RICHARD A. NIELSEN CIRCUIT J UDGE
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Public Officers and Employees corruptly violated the public trust to benefit themselves,
and state of Florida judges, state of Florida employees, attorney Robert W. Bauer and
The Law Office of Robert W. Bauer, P.A., who had corruptly accepted J une 21, 2011 a
bribe of $15,870, private legal services, and corrupt settlement benefits, corruptly offered
Ryan Christopher Rodems, a Florida lawyer in private practice, benefiting the
Defendants in my federal 1983 civil rights and ADA disability lawsuit, case no. 5:10-cv-
00503-WTH-(DAB)-TBS, U.S. District Court, Middle District of Florida, Ocala
Division, Neil J . Gillespie v Thirteenth J udicial Circuit Florida, et al., Mr. Rodems
appeared J une 21, 2011 in 5:10-cv-00503 and entered Notice of Assignment of Claims
and Motion for Dismissal of Action with Prejudice (Doc. 32) benefiting the Defendants to
settle the case in exchange for satisfaction of Final J udgment of $11,550 against me
(nominal value $15,870 at 11% interest on J une 21, 2011, or $1,984 for each of eight (8)
defendants).
No. 1 Thirteenth J udicial Circuit FL (Chief J udge) $1,984+bribe
No. 2 J udge Claudia R. Isom, Thirteenth Circuit $1,984+bribe (Bar ID: 200042)
No. 3 J udge J ames M. Barton II, Thirteenth Circuit $1,984+bribe (Bar ID: 189239)
No. 4 J udge Martha J . Cook, Thirteenth Circuit $1,984+bribe (Bar ID: 242640)
No. 5 David A. Rowland, Gen Counsel 13th Circuit $1,984+bribe (Bar ID: 861987)
No. 6 Gonzalo B. Casares, ADA Coordinator 13th $1,984+bribe
No. 7 Robert W. Bauer, (my counsel, 05-CA-7205) $1,984+bribe (Bar ID: 11058)
No. 8 Law Office RWB PA (counsel, 05-CA-7205) $1,984+bribe
22. My 77 page letter to Virlindia A. Doss appears in a separate appendix.
23. My motion to surrender, submitted August 22, 2013, Exhibit 12, shows,
Appearing pro se Neil J . Gillespie, henceforth in the first person, moves pursuant to
Rule 2.430(g), Fla.R.J ud.Admin., for the files in the following cases to be surrendered to
me prior to being destroyed in accordance with regular destruction schedules. Some
dockets already show the case was destroyed. This request is made to preserve the record,
and get records that may still exist contrary to the docket entry showing case destroyed.
Dockets are attached for:
2DII-2127 - attached docket shows case destroyed 07/05/13
2DI0-5529 - attached docket shows case destroyed 05/17/13
2D10-5197 - attached docket shows case is available
2D08-2224 - attached docket shows returned records 01/13/10
2D07-4530 - attached docket shows case destroyed 01/31/2011
2D06-3803 - attached docket shows case destroyed 01/06/2009
24. The motion was denied by Order September 20, 2013 without prejudice to file a public
records request under Chapter 119, Florida Statutes, and appears at Exhibit 13.
Neil Gillespie's motion to surrender files is denied without prejudice to the filing of a
public records requests under Chapter 119, Florida Statutes.
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The Order does not carry the name of a judge. The Courts provision of public record copies
under Chapter 119, at a cost of $1 per page, is materially different from the delivery of court
records that are to be destroyed or disposed of, and is not in any way an appropriate substitution.
25. The Florida Bar informed me May 27, 2014 that it is reviewing the closure of my
complaint against J ohn Gardner; RFA#14-14647 following my letter May 23rd
2
. (Exhibit 15).
Section V. Court required $14 for records of judges who entered thirteen (13) anonymous orders
in Appeal No. 2D10-5197.
26. The Clerk required, and I paid, $14 for public records (Appendix) identifying judges who
made decisions in thirteen (13) anonymous orders entered in Appeal No. 2D10-5197 that did not
carry the name or signature of any judge. The Clerk provided free by email (Exhibit 16),

2
On information and belief, this is a matter for referral to the Federal Bureau of Investigation.
Mr. Gardner testified as an expert witness for Ryan Christopher Rodems March 20, 2008 and
corruptly assisted him get a $11,550 judgment @11% from J udge J ames M. Barton, II, during a
hearing for attorneys fees in Gillespie v. Barker, Rodems & Cook case no. 05-CA-7205. My
attorney Robert W. Bauer refused to let me [Neil J . Gillespie] testify in 05-CA-7280.
I notified Mr. Gardner by certified mail J uly 26, 2010 that Mr. Rodems corruptly got the $11,550
debt judgment for attorney fees for responding to disruptions he himself created in violation of
the Rules of Professional Conduct, his conflict of interest with me as a former client of Rodems
law firm, and Rodems breach of duty to avoid limitation on independent professional judgment.
On J une 21, 2011 Mr. Rodems bribed [F.S. 838.015, 838.016, 838.022] three Florida judges
and two state employees who were defendants in my federal civil rights and disability lawsuit.
Evidence of the bribe was entered in Gillespie v. Thirteenth J udicial Circuit et al., 5:10-cv-503-
WTH-[DAB]-TBS, USDC, MDFL, Ocala Div. [See Docs. 32 & 51]. Rodems filed J une 21, 2011
Doc. 32, Notice of Assignment of Claims, Motion for Dismissal with Prejudice. US Magistrate
J udge Thomas B. Smith entered Doc. 51, ORDER October 6, 2011 denied my motion to strike or
set aside Doc. 32, and explained [the bribe], the settlement agreement was in exchange for a
satisfaction of judgment [$11,550 @11% interest]. On information and belief, US Magistrate
Smith had a duty to report the felony, 18 USC 4 Misprision of felony, to the US Marshal or a
federal investigative law enforcement agency such as the Federal Bureau of Investigation (FBI).
US Federal J udge Wm. Terrell Hodges also had a duty to report the felony [18 USC 4] but he
did not. J udge Hodges did not grant Rodems [Doc. 32] Motion for Dismissal with Prejudice.
Note: US Magistrate J udge David A. Baker presided J une 21, 2011 when Rodems filed Doc. 32.
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The following orders were entered by non-judicial personnel: November 1, 2010;
November 22, 2010; J anuary 7, 2011; February 3, 2011; February 17, 2011; May 25,
2011; J une 23, 2011; J une 24, 2011; and J uly 11, 2011.
The order of March 23, 2011, was entered by J udges Black and Crenshaw.
The order of April 8, 2011, was entered J udges Wallace and Khouzam.
The order of May 2, 2011, was entered by J udges Altenbernd and Northcutt.
The order of J uly 26, 2011, was entered by J udges Wallace, Black, and LaRose.
27. The appeals process is oversight for correcting bad orders. But a review of the
information provided by the Clerk shows two judges who should have recused: J udge Marva
Crenshaw and J udge Anthony Black. Neither judge put their name on Orders in 2D10-5179.
28. J udge Crenshaw entered Order Granting Stay September 9, 2008 in the lower tribunal
case, Gillespie v. Barker, Rodems & Cook, 05-CA-7205. Thus it appears the Fla. Code J ud.
Conduct Cannon 3E required Disqualification. (1) A judge shall disqualify himself or herself in
a proceeding in which the judges impartiality might reasonably be questioned, including but not
limited to instances where: (b) the judge...was the lower court judge in the matter in controversy,
[the judge participated as a lower court judge in a decision to be reviewed by the judge;]
29. Governor Crist appointed Hillsborough J udge Marva Crenshaw to the Second District
Court of Appeal in J anuary 2009, and she began serving February 1, 2009. Governor Crist
appointed Hillsborough J udge Anthony Black to the Second District Court of Appeal in 2010.
Prior to appointment, J udge Crenshaw and J udge Black were colleagues of Hillsborough J udge
Martha Cook in the Thirteenth J udicial Circuit. Therefore, given the proximity of employment
with J udge Cook, it appears relative to J udge Crenshaw and J udge Black that the Fla. Code J ud.
Conduct Cannon 3E required Disqualification. (1) A judge shall disqualify himself or herself in
a proceeding in which the judges impartiality might reasonably be questioned...
30. J udicial candidate Martha Cook accepted campaign donations from attorney Ryan C.
Rodems, and two of my former lawyers, his partners William J . Cook and J onathan Alpert.
2D10-5197
11
J udge Cook was expected to act favorably to the donors as opportunities arose. J udge Cook and
Mr. Rodems engaged in honest services fraud September 28, 2010 with J udge Cook presiding
during an ex parte hearing on final summary judgment in Gillespie v Barker, Rodems & Cook,
05-CA-7205. J udge Cook accepted things of value in return for official acts. 18 U.S.C.
201(b)(2).
31. J udge Cook falsified the record that I elected to leave the hearing, in violation of F.S.
839.13(1) and 837.06, when in fact she ordered me removed, then ruled favorably for Rodems.
Hillsborough Deputy Christopher E. Brown, and Major J ames Livingston, provided evidence
that J udge Cook and Mr. Rodems collaborated and falsified the record of the hearing. J udge
Cook and Rodems used the mail to carry out their scheme or artifice to defraud me of the
intangible right of honest services. 18 U.S.C. 1346. U.S. v. Terry, No. 11-4130, C.A.6.
32. As in Terry, J udge Cooks collaboration came relatively cheap, $300 in her initial 2002
bid, $100 each from Messrs. Rodems, Cook, and Alpert. An honest services fraud agreement
need not spell out which payments control which act, just that J udge Cook was expected to act
favorably to the donor as opportunities arose. Terry at p. 6. J udge Cook failed to discharge her
judicial duties without fraud, concealment, bias, favoritism or conflict of interest, but acted like
Mr. Rodems marionette. Terry at p. 11. See Petition No. 13-7280 SCOTUS, pp. 35-37.
33. J udge Marva Crenshaw and J udge Anthony Black wrongly ruled in two related appeals:
In appeal 2D10-5529, Civil Prohibition Petition from Hillsborough County for J udge Martha
Cook was Denied December 9, 2010. The petition for writ of prohibition is denied as moot
with respect to J udge Martha Cook and is denied in all other respects. The petitioner's motion
for order of protection is denied. LaROSE, KHOUZAM, and CRENSHAW, J J ., Concur.
In appeal 2D11-2127, Verified Emergency Petition for Writ of Prohibition, Motion for
Change of Venue, Petitioner's petition for writ of habeas corpus was denied May 4, 2011.
LaROSE, CRENSHAW, and BLACK, J J ., Concur. Petitioner's petition for writ of
prohibition was denied May 6, 2011 (amended order), LaROSE, CRENSHAW and BLACK,
J J ., Concur.
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Conclusion
34. 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.
35. Under Article V, sec. 2(c), Fla. Const., Chief J udge Charles A. Davis, J r. [S]hall be
responsible for the administrative supervision of the court.
WHEREFORE this Court is required to grant the relief requested.
RESPECFULLY SUBMITTED J une 12, 2014.
Neil J . Gillespie, applicant pro se
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Certificate of Service
I certify that two previously served pleadings, now corrected by strikeout and text edit box,
1. Amended Application For Order Appellate Case No. 2D10-5197 (served J une 12, 2014)
2. Addendum to Amended Application For Order Appellate Case No. 2D10-5197 (served
J une 17, 2014) were served in corrected paper format J une 23, 2014 as indicated below.
All previously served appendices remain unchanged and were not served again today.
Tami McCarroll, Chief Deputy Clerk
Second District Court of Appeal
1005 E. Memorial Blvd.
Lakeland, FL 33801
Email: mccarrot@flcourts.org
VIA U.P.S. No. 1Z64589FP296993948
Hon. Pat Frank, Clerk of Circuit Court Barker & Cook, P.A.
Hillsborough County, Florida 501 E Kennedy Blvd. Suite 790
County Center Tampa, Florida 33602-5258
601 E. Kennedy Blvd. VIA U.P.S. No. 1Z64589FP297465963
Tampa, FL 33602-4156
VIA U.P.S. No. 1Z64589FP297321957
Ryan Christopher Rodems, Associate
Morgan & Morgan, P.A.
20 N Orange Ave.
Orlando, Florida 32801-2414
VIA U.P.S. No. 1Z64589FP298025972
RESPECTFULLY SUBMITTED J une 23, 2014.
Neil J . Gillespie, Applicant pro se
8092 SW 115th Loop
Telephone: (352) 854-7807
APPENDIX - Amended Application for Order, J une 12, 2014
Appellate Case: 2D10-5197
Lower Tribunal Case: 05-CA-7205; Gillespie v. Barker, Rodems Cook, PA, William Cook.
Exhibit 1 Order DENIED application for order, November 7, 2013
Exhibit 2 Gillespies Application for order 2D10-5197, September 27, 2013
Exhibit 3 Florida Supreme Court Order SC11-1622 acknowledgment February 11, 2014
Exhibit 4 Florida Supreme Court Order, GRANTED SC11-1622 surrender file, April 16, 2014
Exhibit 7 Gillespies appeal of Order denying application to SCOTUS, December 5, 2013
Exhibit 8 Order DENIED appeal to SCOTUS, no further judicial action, December 10, 2013
Exhibit 9 Online Court Case Docket in Appeal No. 2D10-5197
Exhibit 10 Clerk of Court J ames Birkhold, form letter to Gillespie dated October 7, 2013
Exhibit 11 Online Court Case Docket in Appeal 2D08-2224
Exhibit 12 Gillespies Motion to Surrender files in six appellate cases, August 22, 2013
Exhibit 13 Order DENIED without prejudice, may request public records, September 20, 2013
Exhibit 14 Order On Defendants Motion To Dismiss And Strike, entered by the Hon. Richard A.
Nielsen, J anuary 13, 2006
Exhibit 15 The Florida Bar, re J ohn Gardner RFA 14-14647
Exhibit 16 October 14, 2013, email of Clerk Birkhold
Separate Appendix: Appellants Initial Brief, 2D08-2224, by Robert W. Bauer, Esq. for Neil Gillespie
Separate Appendix: Letter to Virlindia A. Doss, Executive Director, Florida Commission on Ethics
Separate Appendix: Public records, Appeal No. 2D10-5197, October 17, 2013
APPENDIX - Amended Application for Order, J une 12, 2014
Appellate Case: 2D10-5197
Lower Tribunal Case: 05-CA-7205; Gillespie v. Barker, Rodems Cook, PA, William Cook.
Exhibit 1 Order DENIED application for order, November 7, 2013
Exhibit 2 Gillespies Application for order 2D10-5197, September 27, 2013
Exhibit 7 Gillespies appeal of Order denying application to SCOTUS, December 5, 2013
Exhibit 8 Order DENIED appeal to SCOTUS, no further judicial action, December 10, 2013
Exhibit 9 Online Court Case Docket in Appeal No. 2D10-5197
Exhibit 10 Clerk of Court J ames Birkhold, form letter to Gillespie dated October 7, 2013
Exhibit 11 Online Court Case Docket in Appeal 2D08-2224
Exhibit 12 Gillespies Motion to Surrender files in six appellate cases, August 22, 2013
Exhibit 13 Order DENIED without prejudice, may request public records, September 20, 2013
Exhibit 14 Order On Defendants Motion To Dismiss And Strike, entered by the Hon. Richard A.
Nielsen, J anuary 13, 2006
Exhibit 15 The Florida Bar, re J ohn Gardner RFA 14-14647
Exhibit 16 October 14, 2013, email of Clerk Birkhold
Separate Appendix: Appellants Initial Brief, 2D08-2224, by Robert W. Bauer, Esq. for Neil Gillespie
Separate Appendix: Letter to Virlindia A. Doss, Executive Director, Florida Commission on Ethics
Separate Appendix: Public records, Appeal No. 2D10-5197, October 17, 2013
IN THE DISTRICTCOURTOFAPPEALOFTHESTATEOF FLORIDA
SECONDDISTRICT, POSTOFFICEBOX327, LAKELAND,FL33802-0327
November7,2013
CASENO.:2010-5197
L.T. No. :05-CA-7205
NeilJ. Gillespie v. Barker, Rodems&Cook,
P. A. &WilliamJ. Cook
AppellantI Petitioner(s), AppelleeI Respondent(s).
BYORDEROFTHECOURT:
Appellant'sapplicationfororderisdenied.
IHEREBYCERTIFYthattheforegoing isatruecopyoftheoriginalcourtorder.
Served:
NeilJ. Gillespie Ryan ChristopherRodems, Esq. Pat Frank, Clerk
pm
JamesBirkhold
Clerk
1
-----------------
SECONDDISTRICTCOURTOFAPPEAL
STATEOFFLORIDA
NEILJ. GILLESPIE
Plaintiff/CounterDefendant, AppellateCase: 2D10-5197
LowerTribunalCase: 05-CA-7205
vs.
BARKER,RODEMS& COOK,P.A. and
WILLIAMJ. COOK,
Defendants/CounterPlaintiffs.
/
APPLICATIONFORORDER
ApplicantNeilJ. Gillespie(hereinafter"Applicant"),reluctantlyappearingprosedueto
indigenceand/orinsolvency,appliestotheSecondDistrictCourtofAppealpursuanttoRule
2.430(g),Fla.R.Jud.Admin.,foranOrderrequiringtheclerktodelivertotheapplicantthecourt
recordsinAppellateCaseNo.: 2DI0-5197thataretobedestroyedordisposedof.
Rule2.430(g),Fla.R.Jud.Admin.:
(g)DispositionOtherThanDestruction.Beforedestructionor
dispositionof courtrecordsunderthisrule,anypersonmayapplytothecourtfor
anorderrequiringtheclerktodelivertotheapplicantthecourtrecordsthatareto
bedestroyedordisposedof. Allpartiesshallbegivennoticeoftheapplication.
Thecourtshalldisposeofthatcourtrecordasappropriate.
Allpartiesshownonthecertificateofservicewereprovidedacopyof thisapplication.
RESPECFULLYSUBMITTEDSeptember27,2 ~
",.,..--
2
CertificateofService
IcertifythattheApplicationForOrderinAppellateCaseNo. 2D10-5197wasprovided
September27,2013 to:
HaN.JAMESBIRKHOLD
Clerkof theSecondDistrictCourtofAppeal
1005 E. MemorialBlvd.
Lakeland,FL33801
VIAU.P.S. No. 1Z64589FP293714825
Icertifythatacopyhereofhasbeenfurnishedtoeachof thefollowing:
HaN.PATFRANK,ClerkofCircuitCourt
CountyCenter
601 E. KennedyBlvd.
Tampa,FL33602
VIAU.P.S.No. 1Z64589FP291209232
RyanChristopherRodems
Barker,Rodems&Cook,P.A.
501 EKennedyBlvd. Suite790
Tampa,Florida33602-5258
VIAU.P.S.No. 1Z64589FP290126047
RESPECTFULLYSUBMITTEDSeptember27,2013.
VIAV.P.S. No. lZ64589FP293714825 September27,2013
Hon. JamesR. Birkhold,ClerkofCourt
TheSecondDistrictCourtof Appeal
Lakeland,FL33801
RE: Application For Order - Rule2.430(g),Fla.R.Jud.Admin.
NeilJ. Gillespievs. Barker, Rodems&Cook, PA, etal.
AppellateCaseNo.: 2DI0-5197;LowerCourtCaseNo. 05-CA-007205
DearClerkBirkhold:
PleasefindenclosedforfilingnlYApplicationForOrder,Rule2.430(g),Fla.R.Jud.Admin.All
partiesshownonthecertificateofservicewereprovidedacopyof thisapplication.
Iaminreceiptof "ByOrderOfTheCourt"datedSeptember20,2013 statinginpart:
NeilGillespie'smotiontosurrenderfiles isdeniedwithoutprejudicetothefilingofa
publicrecordsrequestsunderChapter119,FloridaStatutes.
InowbelievemymotiontosurrenderfileswasnotthecorrectpleadingunderRule2.430(g).
InsteadtheproperpleadingisanApplicationforOrderwhichisenclosed,andisdirectedonlyto
AppellateCaseNo.2DI0-5197.Pleaseadviseifanyotherappellatecaseshowninthemotion
hasnotbeendestroyedorisotherwiseavailable.
Acopyof thisCourt'sSeptember20,2013 "ByOrderOfTheCourt"isenclosed.Inotethe
followingaboutthispaper,ororder,Iamnotsurewhattocallthisdocument.
1. Thepaperororderisnotsignedbyajudge.
2. Thepaperdoesnotstateareasonfordenial. IntheabsenceofareasonIconcludesomething
elseisgoingon,andsuchdenialmaybeaviolationofmycivilrightsand/ordisabilityrights.
3. TheordercitestoChapter119FloridaStatutes,thepublicrecordslaw. Thus,thepaperdoes
notappearapplicabletothesurrenderofacasefileunderRule2.430(g), Fla.R.Jud.Admin.
4. Ibelievecasefiles of theSecondDistrictCourtof Appealarejudicialbranchrecords,Rule
2.420(b)(I)(A).IdonotbelievejudicialbranchrecordsarepublicrecordsunderChapter119.
5. Thepaperororderdoesnotaddressthestatusof recordsthatmayhavebeendestroyed.
6. Thepaperororderdoesnotaddressthecostof therecords. Iamindigentandcannotpaythe
costof recordsasprovidedbyChapter119FloridaStatutes.TheHillsboroughClerkcharges
$1.00perpage.WhatdoesthisCourtchargeforprovidingrecords?
Hon. JamesR. Birkhold,ClerkofCourt September27,2013
TheSecondDistrictCourtof Appeal Page- 2
7. UnderRule2.430(g)itappearsthatmy"motiontosurrenderfiles"wasnotappropriate.Igot
thatterminologyfromMr. Hall,Clerkof theFloridaSupremeCourt.Rule2.430(g)providesthat
an"applicant"may"apply"tothecourtforanorderrequiringtheclerktodelivertothe
applicantthecourtrecordsthataretobedestroyedordisposedof.
bedestroyedordisposedof: Allpartiesshallbegivennoticeof theapplication.
Thecourtshalldisposeof thatcourtrecordasappropriate.
Thereforethatdistinctionappearstobethebasisforthedenialof my"motion"tosurrenderfiles.
OtherwisetheCourt'sprovisionof publicrecordcopiesunderChapter119ismateriallydifferent
fromthedeliveryof courtrecordsthataretobedestroyedordisposedof.Thesearetwovery
differentoperations. IdonotseehowthisCourt'ssubstitutionof onefortheotherisappropriate.
8. KindlyidentifytherecordscustodianofjudicialbranchrecordsfortheSecondDistrictCourt
of Appeal,thenanleandcontactaddressfortherecordscustodian.
9. If thismatterbecomesadversarialIwillneedadisabilityaccommodationtoparticipateinthis
Court'sproceedings,services,programs,oractivities. Iamdisabledwithmentalandphysical
impairments.Imayalsoneedaguardianadlitem.Kindlyprovidethenecessaryforms.
Ne J. 11 pie
80 2SW115thLoop
Ocala,Florida34481
cc: Hon. PatFrank,Clerkof CircuitCourt
RyanChristopherRodems,Esq.,Barker,Rodems&Cook,P.A.
Enclosures:ApplicationForOrder;"ByOrderOf TheCourt"datedSeptember20,2013
SECOND DISTRICT, POSTOFFICEBOX327, LAKELAND,FL33802-0327
September20, 2013
NOTCONSOLIDATED
CASENO.:2011-2127
CASENO.:2010-5529
CASENO.:2010-5197
CASENO.:2008-2224
CASENO.: 2007-4530
CASENO.:2006-3803
L.T. No. :05-CA-007205
NeilJ. Gillespie v. Barker, Rodems& Cook,
PA &WilliamJ. Cook
BYORDEROFTHECOURT:
NeilGillespie'smotiontosurrenderfiles is deniedwithoutprejudicetothe
filing ofa publicrecords requests underChapter119, Florida Statutes.
IHEREBYCERTIFYthattheforegoing is atruecopyoftheoriginalcourtorder.
Served:
NeilJ. Gillespie PatFrank, Clerk Ryan ChristopherRodems, Esq.
pm
James Birkhold
Clerk
C!Court ofjflorfba
TUESDAY,FEBRUARY11,2014
CASENO.: SCII-1622
LowerTribunalNo(s).: 2DIO-5197;
05-CA-7205
NEILJ. GILLESPIE vs. BARKER,RODEMS & COOK,
ETAL.
Petitioner(s) Respondent(s)
Petitioner'swithdrawalofmotionsfor surrenderoffiles ishereby
acknowledged.
Petitionerhas filedanApplicationforOrderonSeptember30,2013,
requestingthatthefile forthiscase,inlieuofdestruction,bereleasedto him
subsequentto theCourt'sretentiontimelinerequirement, incompliancewithFla. R.
Jud. Admin. 2.430(g). Petitioner'srequestis attachedas AppendixA. Allparties
havetwentydaysfromthedateofthisorderto submit,inwriting,anyobjectionto
Petitioner'srequest. Anyobjectionsubmittedmustalsobeservedonallother
parties;thepartieswhoareservedwithobjectionshavefifteendaystorespond.
ATrueCopy
Test:

Clerk,SupretneCourt
ab
Served:
RYANCHRISTOPHERRODEMS
NEILJ. GILLESPIE
HON. PATFRANK,CLERK
HON. JAMESBIRKHOLD,CLERK
3
...
"
SUPREMECOURTOFFLORIDA
STATEOFFLORIDA
NEILJ. GILLESPIE
Plaintiff/CounterDefendant, Case: SCII-1622
LowerTribunal: 05-CA-7205
vs.
BARKER,RODEMS & COOK,P.A.and
WILLIAMJ. COOK,
----------------
/
APPLICATIONFORORDER
indigenceand/orinsolvency,hereinthefirstperson,appliestothe SupremeCourtofFlorida
pursuantto Rule2.430(g),Fla.R.Jud.Admin.,for an OrderrequiringtheClerkto delivertothe
ApplicantthecourtrecordsinCase: SC11-1622thataretobedestroyedordisposedof
dispositionofcourtrecordsunderthisrule,anypersonmayapplytothecourtfor
bedestroyedordisposedot:Allpartiesshallbegivennoticeof theapplication.
NopaTty, personorentityotherthanme filedanythinginthecase.
All partiesshownonthecertificateof servicewereprovideda copyof thisapplication.
RESPECFULLYSUBMITTEDSeptember27,2013.
IcertifythattheApplicationForOrderinCaseNo. SC11-1622intheFloridaSupreme
CourtwasprovidedSeptember27,2013 to:
HON. THOMAS D. HALL
Officeofthe Clerk
SupremeCourtofFlorida
500SouthDuvalStreet
Tal1ahassee,Florida32399
VIAV.P.S. No. IZ64589FP290801254
Icertifythatacopyhereofhasbeenfurnishedtoeachofthe following:
HON. JAMES BIRKHOLD
ClerkoftheSecondDistrictCourtofAppeal
Lakeland,FL33801
VIAV.P.S. No. lZ64589FP293714825
HON.PATFRANK,Clerkof CircuitCourt
CountyCenter
601 E. KennedyBlvd.
Tampa,FL33602
VIAV.P.S. No. lZ64589FP291209232
VIAV.P.S. No. 1Z64589FP290126047
____ . 0-
. I.
ctourtofjflortba
MONDAY, MARCH 12,2012 2213SEP30 PH 1=29
CASENO.: SC11-1622
LowerTribunalNo(s).: 2DI0o97,
OS-CA-
NEILJ. GILLESPIE vs. BARKER,RODEMS &
COOK,ETAL.
Thepetitionerhas filedapetitionforwritofmandamuswiththeCourt. To
theextentthepetitionerseeksawritofmandamusdirectedtowardsthedistrict
court,thepetitionisdeniedbecauseawritofmandamuscannotbeissuedto direct
themannerinwhichacourtshallactin thelawfulexerciseofitsjurisdiction. State
ex reI. NorthSt. LucieRiverDrainageDis!. v. Kanner, 11 So. 2d889,890 (Fla.
1943);seealsoMigliorev. CityofLauderhill,415 So. 2d62, 63 (Fla.4thDCA
1982)(statingthatma:ndamus "isnotanappropriatevehicleforreviewofamerely
erroneousdecisionnorisitpropertomandatethedoing(orundoing)ofa
discretionaryact"),approved,431 So. 2d 986(Fla. 1983). Totheextentthe
petitionerseeksanyadditionalrelief,thepetitionisdismissedasfacially
insufficient.
PARIENTE,LEWIS,QUINCE,LABARGA, andPERRY,JJ.,concur.
ATrueCopy
Test:

Clerlc
lt
Sliprellle
kb
Served:
NEILJ. GILLESPIE/
HON. PAT FRANK,CLERK
HON.JAMES BIRKHOLD,CLERK
~ u r t t QCourt ofjflorfba
WEDNESDAY,APRIL 16,2014
CASENO.: SC1I-I622
LowerTribunalNo(s).: 2DIO-5I97;
05-CA-7205
ETAL.
TherehavingbeennoresponsetothisCourt'sorderdatedFebruary11,2014,
regardingpetitioner'srequestfordeliveryofthecourtrecord,andthecourthaving
determinedthathehascompliedwiththerequestprovisionsoftheFloridaRulesof
JudicialAdministration,thecourtapproveshisapplicationandwillsurrenderthis
court'sfiletohiminlieuofitsdestruction. Incompliancewithrule2.430(c)(3)(A)
oftheRulesofJudicialAdministration,petitionershallmakeappropriate
arrangementswiththeOfficeoftheClerknomorethan30dayspriortoJune21,
2017,forthetransferofthisfile.
ATrueCopy
Test:
ab
Served:
NEILJ. GILLESPIE
WILLIAMJ. COOK
4
~ u r t t ((ourtofjflorfba
TUESDAY,FEBRUARY11,2014
CASENO.: SC11-858
LowerTribunalNo(s).: 05-CA-007205
NEILJ. GILLESPIE vs. BARKER,RODEMS &COOK,
P.A.,ETAL.
Petitioner'swithdrawalofmotionsforsurrenderoffilesishereby
acknowledged.
PetitionerhasfiledanApplicationforOrderonSeptember30,2013,
requestingthatthefile forthiscase,inlieuofdestruction,bereleasedtohim
subsequenttotheCourt'sretentiontimelinerequirement, incompliancewithFla. R.
Jud. Admin. 2.430(g). Petitioner'srequestisattachedasAppendixA. Allparties
havetwentydaysfromthedateofthisordertosubmit,inwriting,anyobjectionto
Petitioner'srequest.Anyobjectionsubmittedmustalsobeservedonallother
parties;thepartieswhoareservedwithobjectionshavefifteendaystorespond.
ATrueCopy
Test:
ab
Served:
NEILJ. GILLESPIE
HON. PATFRANK,CLERK
DAVIDA. ROWLAND
HON. JAMESD. ARNOLD,JUDGE
5
SUPREME COURT OF FLORIDA
STATE OF FLORIDA
NEIL J. GILLESPIE
Plaintiff/Counter Defendant, Case: SCI 1-858
Lower Tribunal: 05-CA-7205
vs.
WILLIAM J. COOK,
----------------
/
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.:
be destroyed or disposed of: All parties shall be given notice of the application.
No party, person or entity other than me filed anything in the case.
RESPECFULLY SUBMITTED September 27,2013.
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 Of 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.
QCourt of jflortba
WEDNESDAY, MAY 18, 2011
CASE NO.: sell-8S8 Si.J?I\[hi.:: l;.JURT
Lower Tribunal No(s).:
NEIL J. GILLESPIE vs. BARKER, RODEMS &
COOK, P.A., ET AL.
The petition for writ of habeas corpus is hereby denied.
PARIENTE, LEWIS, QUINCE, POLSTON, and PERRY, JJ., concur.
A True Copy
Test:

lOtnas D. HaJI
Clerk, Silprellle COlut
ab
Served:
DAVIn A. ROWLAND
NEIL J. GILLESPIE
RYAN CHRISTOPHER RODEMS
HON. PAT FRANK, CLERK
HON. JAMES D. ARNOLD, JUDGE

'I m ' t ''7

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John A. Tomasino, Clerk
FIR ':::'T ('L '::'c; r"'AIL
Hasler ,,-.J'_ ,
tCor! off/orilln
02/11/2014 $00480
500 South Duval Street .-
Tallahassee, Florida 32399
::l

ZIP 32399
011 C
l
12602731
AB SC11858
NEIL J. GILLESPIE
8092 S.VV. 115th, Loop
Ocala, F'L 34481
3448i$3557
ii}1 I) Ill, HilllH lPi i\iHiii iii! iil!i, =! Ili
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ipiB p:'iiHllil
.._" "u,
~ u p r ctCourt ofjfloriba
WEDNESDAY,APRIL 16,2014
CASENO.: SCll-858
LowerTribunalNo(s).: 05-CA-007205
P.A., ETAL.
There11avingbeennoresponsetothisCourt'sorderdatedFebruary11,2014,
regardingpetitioner'srequestfordeliveryofthecourtrecord,andthecourthaving
determinedthathehascompliedwiththerequestprovisionsoftheFloridaRulesof
JudicialAdministration,thecourtapproveshisapplicationandwillsurrenderthis
court'sfiletohiminlieuof itsdestruction. Incompliancewithrule2.430(c)(3)(A)
oftheRulesofJudicialAdministration,petitionershallmakeappropriate
arrangementswiththeOfficeoftheClerknomorethan30 dayspriortoJune 17,
2016, forthetransferofthisfile.
ATrueCopy
Test:
JohnA.T'omasino
Clerk,SupremeCoull
ab
Served:
NEILJ. GILLESPIE
WILLIAMJ. COOK
DAVIDA. ROWLAND
6
SECOND DISTRICT COURT OF APPEAL
STATE OF FLORIDA
NEIL J . GILLESPIE
Plaintiff/Counter Defendant, Appellate Case: 2D10-5197
Lower Tribunal Case: 05-CA-7205
vs.
WILLIAM J . COOK,
________________________________________/
NOTICE OF APPEAL
1. Neil J . Gillespie, the appellant/applicant reluctantly appearing pro se, henceforth in the
first person, gives notice of appeal of this Court denial of my Application for Order (Exhibit 1)
November 7, 2013 Appellant's application for order is denied. (Exhibit 2). The decision was
entered without opinion and does not carry the name or signature of a judge. None of the orders
or decisions entered in appeal 2D10-5197 carry the name or signature of a judge, contrary to law.
2. I appeal this decision to the Supreme Court of the United States, to consider with Petition
No. 13-7280 for writ of certiorari, Neil J . Gillespie v. Reverse Mortgage Solutions, Inc., et al.
My petition seeks review, inter alia, of this Courts decisions wrongly entered, & anonymously:
Review of the Florida Second District Court of Appeal, six (6) appeals; i.e.,
in case 2D10-5197 thirteen (13) orders were entered, but none carry
the name of a judge as required by law. (Table of Contents, page v.)
The Florida Bar is a cross-party for political persecution of me by Ryan Christopher Rodems,
and others. Mr. Rodems unlawfully represented the Defendants and Counter-Plaintiffs against
me, a former client of Rodems law firm and partner, the Defendants and Counter-Plaintiffs.
3. Pursuant to 28 U.S.C. 1651(a), The U.S. Supreme Court may issue all writs necessary
or appropriate in aid of their respective jurisdictions.
7
2
4. Misconduct and crimes by Ryan Christopher Rodems, and Barker, Rodems & Cook,
P.A., aided and abetted by crony judges, including judges of the 2dDCA, underlie this matter.
5. The Florida Bar is a counter-party in Petition No. 13-7280 for political persecution of me
over Petition No. 12-7747 for writ of certiorari to the U.S. Supreme Court, and The Bars failure
to protect me as a consumer of legal and court services affecting interstate commerce.
6. Petition No. 13-7280 drawls into question the constitutionality of certain Florida Statutes,
and notice thereof was served on the Florida Attorney General. 28 U.S.C. 2403(b). Exhibit 3
7. I do not believe review by the Florida Supreme Court is appropriate, or very useful.
Petition 13-7280 seeks Review of Florida Supreme Court petitions SC11-1622 and SC11-858.
(Table of Contents, page v.) The Order in SC11-1622 (Exhibit 4) was entered March 12, 2012 by
J ustice Barbara J . Pariente
J ustice R. Fred Lewis
J ustice Peggy A. Quince
J ustice J orge Labarga
J ustice J ames E.C. Perry
J ustices Pariente, Lewis, Quince, Labarga, and Perry denied the petition 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. The Court also held To the extent the petitioner seeks any additional relief,
the petition is dismissed as facially insufficient. The addition relief I sought included at 68,
68. The walk-away settlement agreement must be canceled. Mr. Rodems did not
have the right to settle my claims against the Thirteenth J udicial Circuit, Mr. Bauer,
or anyone other than himself and his clients. The agreement is confusing, so
confusing that even now I still do not understand the agreement,...
Now I understand why the settlement agreement is void or voidable: Only the Florida Attorney
General can represent the state of Florida in a federal court action, and Mr. Rodems is not the
Florida Attorney General. From Petition 12-7747, page 8, attached here as Exhibit 5.
3
Discussion of the first question presented
1. Can a Florida lawyer in private practice usurp the authority of an Article III federal
judge in a federal civil rights and disability lawsuit, by improperly representing the State
of Florida during a coercive custody of the disabled and mentally impaired petitioner to
force a settlement, and assign the petitioners claims against the State of Florida to
himself and his law partners, then move to dismiss the federal lawsuit with prejudice on
behalf of the State of Florida?
The answer is no. Only the Florida Attorney General can represent the State of Florida,
which in this petition includes the following Respondents:
Thirteenth J udicial Circuit, Florida
Claudia Rickert Isom, Circuit J udge, and individually
J ames M. Barton, II, Circuit J udge, and individually
Martha J . Cook, Circuit J udge, and individually
David A. Rowland, Court Counsel, and individually
Gonzalo B. Casares, ADA Coordinator, and individually
Case law holds that a circuit court judge does not have authority to appoint counsel to
represent the State of Florida:
Only the Attorney General of Florida may represent the State of Florida in a federal court
action. A circuit court judge was without the authority to appoint an acting state attorney
to represent the state in an action pending before a federal court. State ex reI. Shevin v.
Weinstein, 353 So. 2d 1251 (Fla. Dist. Ct. App. 3d Dis1. 1978).
Section 16.01 Florida Statutes states:
16.01 Residence, office, and duties of Attorney General. The Attorney General:
(4) Shall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or
criminal or in equity, in which the state may be a party, or in anywise interested, in the
Supreme Court and district courts of appeal of this state.
The Florida Constitution: Article IV, SECTION 4. Cabinet.
(b) The attorney general shall be the chief state legal officer. There is created in the office
of the attorney general the position of statewide prosecutor. The statewide prosecutor
shall have concurrent jurisdiction with the state attorneys to prosecute violations of
criminal laws occurring or having occurred, in two or more judicial circuits as part of a
related transaction, or when any such offense is affecting or has affected two or more
judicial circuits as provided by general law. The statewide prosecutor shall be appointed
by the attorney general from not less than three persons nominated by the judicial
nominating commission for the supreme court, or as otherwise provided by general law.
8. Inaddition,Mr. Rodems' representationofthestateofFloridaJune21,2011 wasthe
unlicensedpracticeoflaw(UPL). Enclosedis myUPLcomplaint
l
againstMr. Rodems.
9. RobertCraigWaltersremindsus in, JudicialImmunityvs. DueProcess: WhenShoulda
JudgeBeSubjectto Suit?2 http://www.tulanelink.com/pdf/judicial_immunity_waters.pdf
"IntheAmericanjudicialsystem,few moreseriousthreatsto individuallibertycanbe
imaginedthanacorruptjudge.Clothedwiththepowerofthestateandauthorizedtopass
judgmentonthemostbasicaspectsofeverydaylife, ajudgecandeprivecitizensof
libertyandpropertyincompletedisregardof theConstitution.Theinjuriesinflictedmay
besevereandenduring."
Also, What'sSo SpecialAboutJudges?FrankEasterbrook. 61 U. ColoradoL.Rev. 773 (1990).
http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=2050&context=journal_articles
RESPECFULLYSUBMITTEDDecember5, 2013.
Attachments:
Exhibit 1 ApplicationforOrder
Exhibit2 DecisionenteredbythisCourtNovember7,2013
Exhibit3 ConstitutionalChallengetoFloridaStatutes,28U.S.C. 2403(b)
Exhibit4 FloridaSupremeCourt, SC11-1622,OrderenteredMarch 12,2012
Exhibit5 Page8,PetitionNo. 12-7747forwritofcertiorariSCOTUS
Enclosure: UPLcomplaintforRyanChristopherRodems,November25,2013
See: Former-ClientConflicts, 10 Geo. J. LegalEthics677(1996-1997),CharlesWWolfram,and
McPartlandv. lSIInv. Services, Inc.,890F.Supp. 1029,M.D.Fla., 1995,bothfoundonlineat
http://scholar.google.com/scholar?cites=12633623364496909350&as_sdt
1 PerhapsovertheholidaysJustices Pariente,Lewis,Quince,Labarga,Perry,andAttorney
GeneralBondicanfamiliarizethemselveswiththeruleoflawinthisn1atter.
2 CatoJournal,Vol.7,No.2(Fall 1987).Theauthor[was] JudicialClerktoJusticeRosemary
BarkettoftheFloridaSupremeCourt.
4
IcertifythattheNoticeof Appealincaseno. 2D10-5197wasprovidedDecember5,2013to:
HON.JAMESBIRKHOLD
Clerkof theSecondDistrictCourtof Appeal
Lakeland,FL33801
VIAU.P.S.1Z64589FP290126547
HON.JOHNA. TOMASINO,CLERK
SupremeCourtof Florida
500SouthDuvalStreet
Tallahassee,Florida32399
VIAU.P.S.No. 1Z64589FP291121755
AttorneyGeneralPamelaJo Bondi
Officeof AttorneyGeneral,Stateof Florida
TheCapitolPL-O1
Tallahassee,FL32399-1050
VIAD.P.S.No. 1Z64589FP294051361
HON. PATFRANK,ClerkofCircuitCourt
CountyCenter
601 E. KennedyBlvd.
Tampa,FL33602
VIAD.P.S.No. 1Z64589FP291931371
Barker,Rodems& Cook,P.A.
VIAU.P.S.No. 1Z64589FP293017785
RESPECTFULLYSUBMITTEDDecember5,2013.
P-;/ '---

-----------------
STATEOFFLORIDA
NEILJ. GILLESPIE
Plaintiff/CounterDefendant, AppellateCase: 2D10-5197
LowerTribunalCase: 05-CA-7205
vs.
BARKER,RODEMS& COOK,P.A. and
WILLIAMJ. COOK,
/
APPLICATIONFORORDER
indigenceand/orinsolvency,appliestotheSecondDistrictCourtofAppealpursuanttoRule
2.430(g),Fla.R.Jud.Admin.,foranOrderrequiringtheclerktodelivertotheapplicantthecourt
recordsinAppellateCaseNo.: 2DI0-5197thataretobedestroyedordisposedof.
bedestroyedordisposedof. Allpartiesshallbegivennoticeoftheapplication.
Thecourtshalldisposeofthatcourtrecordasappropriate.
Allpartiesshownonthecertificateofservicewereprovidedacopyof thisapplication.
RESPECFULLYSUBMITTEDSeptember27,2 ~
",.,..--
1
IcertifythattheApplicationForOrderinAppellateCaseNo. 2D10-5197wasprovided
September27,2013 to:
HaN.JAMESBIRKHOLD
Clerkof theSecondDistrictCourtofAppeal
Lakeland,FL33801
VIAU.P.S. No. 1Z64589FP293714825
HaN.PATFRANK,ClerkofCircuitCourt
CountyCenter
601 E. KennedyBlvd.
Tampa,FL33602
VIAU.P.S.No. 1Z64589FP291209232
VIAU.P.S.No. 1Z64589FP290126047
VIAV.P.S. No. lZ64589FP293714825 September27,2013
Hon. JamesR. Birkhold,ClerkofCourt
TheSecondDistrictCourtof Appeal
Lakeland,FL33801
RE: Application For Order - Rule2.430(g),Fla.R.Jud.Admin.
NeilJ. Gillespievs. Barker, Rodems&Cook, PA, etal.
AppellateCaseNo.: 2DI0-5197;LowerCourtCaseNo. 05-CA-007205
DearClerkBirkhold:
PleasefindenclosedforfilingnlYApplicationForOrder,Rule2.430(g),Fla.R.Jud.Admin.All
partiesshownonthecertificateofservicewereprovidedacopyof thisapplication.
Iaminreceiptof "ByOrderOfTheCourt"datedSeptember20,2013 statinginpart:
NeilGillespie'smotiontosurrenderfiles isdeniedwithoutprejudicetothefilingofa
publicrecordsrequestsunderChapter119,FloridaStatutes.
InowbelievemymotiontosurrenderfileswasnotthecorrectpleadingunderRule2.430(g).
InsteadtheproperpleadingisanApplicationforOrderwhichisenclosed,andisdirectedonlyto
AppellateCaseNo.2DI0-5197.Pleaseadviseifanyotherappellatecaseshowninthemotion
hasnotbeendestroyedorisotherwiseavailable.
Acopyof thisCourt'sSeptember20,2013 "ByOrderOfTheCourt"isenclosed.Inotethe
followingaboutthispaper,ororder,Iamnotsurewhattocallthisdocument.
1. Thepaperororderisnotsignedbyajudge.
2. Thepaperdoesnotstateareasonfordenial. IntheabsenceofareasonIconcludesomething
elseisgoingon,andsuchdenialmaybeaviolationofmycivilrightsand/ordisabilityrights.
3. TheordercitestoChapter119FloridaStatutes,thepublicrecordslaw. Thus,thepaperdoes
notappearapplicabletothesurrenderofacasefileunderRule2.430(g), Fla.R.Jud.Admin.
4. Ibelievecasefiles of theSecondDistrictCourtof Appealarejudicialbranchrecords,Rule
2.420(b)(I)(A).IdonotbelievejudicialbranchrecordsarepublicrecordsunderChapter119.
5. Thepaperororderdoesnotaddressthestatusof recordsthatmayhavebeendestroyed.
6. Thepaperororderdoesnotaddressthecostof therecords. Iamindigentandcannotpaythe
costof recordsasprovidedbyChapter119FloridaStatutes.TheHillsboroughClerkcharges
$1.00perpage.WhatdoesthisCourtchargeforprovidingrecords?
Hon. JamesR. Birkhold,ClerkofCourt September27,2013
TheSecondDistrictCourtof Appeal Page- 2
7. UnderRule2.430(g)itappearsthatmy"motiontosurrenderfiles"wasnotappropriate.Igot
thatterminologyfromMr. Hall,Clerkof theFloridaSupremeCourt.Rule2.430(g)providesthat
an"applicant"may"apply"tothecourtforanorderrequiringtheclerktodelivertothe
applicantthecourtrecordsthataretobedestroyedordisposedof.
bedestroyedordisposedof: Allpartiesshallbegivennoticeof theapplication.
Thereforethatdistinctionappearstobethebasisforthedenialof my"motion"tosurrenderfiles.
OtherwisetheCourt'sprovisionof publicrecordcopiesunderChapter119ismateriallydifferent
fromthedeliveryof courtrecordsthataretobedestroyedordisposedof.Thesearetwovery
differentoperations. IdonotseehowthisCourt'ssubstitutionof onefortheotherisappropriate.
8. KindlyidentifytherecordscustodianofjudicialbranchrecordsfortheSecondDistrictCourt
of Appeal,thenanleandcontactaddressfortherecordscustodian.
9. If thismatterbecomesadversarialIwillneedadisabilityaccommodationtoparticipateinthis
Court'sproceedings,services,programs,oractivities. Iamdisabledwithmentalandphysical
impairments.Imayalsoneedaguardianadlitem.Kindlyprovidethenecessaryforms.
Ne J. 11 pie
80 2SW115thLoop
Ocala,Florida34481
cc: Hon. PatFrank,Clerkof CircuitCourt
RyanChristopherRodems,Esq.,Barker,Rodems&Cook,P.A.
Enclosures:ApplicationForOrder;"ByOrderOf TheCourt"datedSeptember20,2013
September20, 2013
NOTCONSOLIDATED
CASENO.:2011-2127
CASENO.:2010-5529
CASENO.:2010-5197
CASENO.:2008-2224
CASENO.: 2007-4530
CASENO.:2006-3803
L.T. No. :05-CA-007205
PA &WilliamJ. Cook
BYORDEROFTHECOURT:
Served:
pm
James Birkhold
Clerk
SECONDDISTRICT, POSTOFFICEBOX327, LAKELAND,FL33802-0327
November7,2013
CASENO.:2010-5197
L.T. No. :05-CA-7205
NeilJ. Gillespie v. Barker, Rodems&Cook,
BYORDEROFTHECOURT:
Appellant'sapplicationfororderisdenied.
IHEREBYCERTIFYthattheforegoing isatruecopyoftheoriginalcourtorder.
Served:
NeilJ. Gillespie Ryan ChristopherRodems, Esq. Pat Frank, Clerk
pm
JamesBirkhold
Clerk
2
Petition No: 13-7280
IN THE
SUPREME COURT OF THE UNITED STATES
____________________
NEIL J . GILLESPIE - PETITIONER
vs.
REVERSE MORTGAGE SOLUTIONS, INC, ET AL - RESPONDENTS
________________________
PETITION FOR A WRIT OF CERTIORARI
U.S. ELEVENTH CIRCUIT APPEAL No. 13-11585
______________________
SEPARATE VOLUME APPENDIX
CONSTITUTIONAL AND STATUTORY PROVISIONS INVOLVED
This petition draws into question the constitutionality of certain Florida Statutes:
http://www.scribd.com/doc/184195508/Petition-13-7280-FL-Challenge-28-USC-2403-b
1. Constitutional challenge, Fla. Stat., sec. 454.021 Attorneys; admission to practice law;
Supreme Court to govern and regulate.
2. Constitutional challenge, Fla. Stat., sec. 25.382 State courts system.
3. Constitutional challenge, Fla. Stat., sec. 43.20 J udicial Qualifications Commission.
4. Constitutional challenge, Fla. Stat., sec. 43.291 J udicial nominating commissions.
5. Constitutional challenge, Fla. Stat., sec. 38.01 et seq., Disqualification of judges
6. Constitutional challenge, Fla. Stat., sec. 57.105, award attorneys fees against pro se.
7. Constitutional challenge, Fla. Stat., sec. 27.52, require counsel in all legal proceedings
8. Constitutional challenge, Fla. Stat., sec. 934.01 et seq., Security of Communications
3
((ourt ofjflortba
MONDAY,MARCH 12,2012
CASENO.: SC11-1622
LowerTribunalNo(s).: 2D10-5197,
05-CA-7205
NEILJ. GILLESPIE vs. BARKER,RODEMS&
COOK,ETAL.
ThepetitionerhasfiledapetitionforwritofmandamuswiththeCourt. To
theextentthepetitionerseeksawritofmandamusdirectedtowardsthedistrict
court,thepetitionisdeniedbecauseawritofmandamuscannotbeissuedto direct
themannerinwhichacourtshallactinthelawfulexerciseofitsjurisdiction. State
exreI. NorthSt. LucieRiverDrainageDist. v. Kanner, 11 So. 2d889, 890 (Fla.
1943);seealsoMigliorev. CityofLauderhill,415 So. 2d62,63(Fla. 4thDCA
1982)(statingthatmandamus"isnotanappropriatevehicleforreviewofamerely
erroneousdecisionnoris itproperto mandatethedoing(orundoing)ofa
discretionaryact"),approved,431 So. 2d986(Fla. 1983). Totheextentthe
petitionerseeksanyadditionalrelief, thepetitionisdismissedas facially
insufficient.
PARIENTE,LEWIS,QUINCE,LABARGA,andPERRY,J1., concur.
ATrueCopy
Test:

Clerk,SupremeCom1
kb
Served:
NEIL1. GILLESPIE/
HON. PAT FRANK,CLERK
HON.JAMES BIRKHOLD,CLERK
4
8
Discussion of the first question presented
1. Can a Florida lawyer in private practice usurp the authority of an Article III
federal judge in a federal civil rights and disability lawsuit, by improperly representing
the State of Florida during a coercive custody of the disabled and mentally impaired
petitioner to force a settlement, and assign the petitioners claims against the State of
Florida to himself and his law partners, then move to dismiss the federal lawsuit with
prejudice on behalf of the State of Florida?
The answer is no. Only the Florida Attorney General can represent the State of Florida, which in
this petition includes the following Respondents:
Thirteenth J udicial Circuit, Florida
Claudia Rickert Isom, Circuit J udge, and individually
J ames M. Barton, II, Circuit J udge, and individually
Martha J . Cook, Circuit J udge, and individually
David A. Rowland, Court Counsel, and individually
Gonzalo B. Casares, ADA Coordinator, and individually
Case law holds that a circuit court judge does not have authority to appoint counsel to represent
the State of Florida:
Only the Attorney General of Florida may represent the State of Florida in a federal court
action. A circuit court judge was without the authority to appoint an acting state attorney
to represent the state in an action pending before a federal court. State ex reI. Shevin v.
Weinstein, 353 So. 2d 1251 (Fla. Dist. Ct. App. 3d Dis1. 1978).
Section 16.01 Florida Statutes states:
16.01 Residence, office, and duties of Attorney General. The Attorney General:
(4) Shall appear in and attend to, in behalf of the state, all suits or prosecutions, civil or
criminal or in equity, in which the state may be a party, or in anywise interested, in the
Supreme Court and district courts of appeal of this state.
The Florida Constitution: Article IV, SECTION 4. Cabinet.
(b) The attorney general shall be the chief state legal officer. There is created in the office
of the attorney general the position of statewide prosecutor. The statewide prosecutor
shall have concurrent jurisdiction with the state attorneys to prosecute violations of
criminal laws occurring or having occurred, in two or more judicial circuits as part of a
related transaction, or when any such offense is affecting or has affected two or more
judicial circuits as provided by general law. The statewide prosecutor shall be appointed
by the attorney general from not less than three persons nominated by the judicial
nominating commission for the supreme court, or as otherwise provided by general law.
5
SECONDDISTRICT, POSTOFFICE BOX327, LAKELAND,FL33802-0327
December10,2013
CASENO.:2010-5197
L.T. No. :05-CA-7205
BYORDEROFTHECOURT:
On December6, 2013, appellantsubmittedtothiscourta noticeofappeal,
seeking reviewin theSupremeCourtoftheUnited Statesofthiscourt'sorderof
November7,2013. Reviewofstatecourtjudgmentsin the ~ p r m Courtisgoverned
byUnited StatesSupremeCourtRule 12, andthisprovisiondoesnotprovideforthe
filing ofa noticeofappealwiththelowertribunal. Assuchthiscourtis notempowered
totransmitappellant'snoticetotheSupremeCourt, and nojudicialactionwillbetaken
uponthenoticebythiscourt.
Served:
NeB J. Gillespie Ryan ChristopherRodems, Esq. Pat Frank, Clerk
jc
.James.Brrkhold
Clerk
8
t JfIII!-!IJ"2'it' _1111 ...
DISTRICTCOURTOFAPPEAL
SECONDDISTRICT
P.O. BOX 327
LAKELAND, FLORIDA 338020327
It?,
JC
Neil J. Gillespie
8092 S W 115th Loop
Ocala, FL 34481
3448i :t:35E:7 RC:o7
r" '$ f "

.......
. :l ...........PfINY.BO'.nI.E5
02 1R $00.46
0006557763 DEC10 2013
MAlLEOFROMZ1PCODE 33801
2010-5197
JJJill i-J J IJf f 11/11 i"iIj I" J11 i"JlII,' jI' Ji ,',JIJillJIi J,IIi IJ'I
Case Number: 2D10-5197
Final Civil Other Notice from Hillsborough County
NEIL J. GILLESPIE vs. BARKER, RODEMS & COOK, P. A. & WILLIAM J.
COOK
Lower Tribunal Case(s): 05-CA-7205
06/12/2014 04:29
Date
Docketed Description Date Due Filed By Notes
10/28/2010 Notice of Appeal Filed Neil J . Gillespie
10/29/2010 order appealed
11/01/2010 fee - civil; pro se
11/18/2010 Motion To Appear Forma
Pauperis
Neil J . Gillespie
11/22/2010 MISCELLANEOUS
ORDER

01/05/2011 Mot. for Extension of
time to file Initial Brief
Neil J . Gillespie
01/07/2011 eot for brief, date certain 02/06/2011
02/01/2011 Motion To
Extend/Transmittal of
Record
Neil J . Gillespie
02/03/2011 Order Denying Time
Extension - File record

Record
Neil J . Gillespie
02/08/2011 Initial Appellant Brief on
Merits
Neil J . Gillespie
02/16/2011 Appellee Answer Brief
w/Appendix
Ryan Christopher Rodems, Esq.
947652
EMAILED 02/14/11
02/17/2011 ORD-GRANT EOT TO
COMPLETE ROA
03/19/2011
03/18/2011 Motion To Compel Neil J . Gillespie CLERK TO CORRECT AND PREPARE
INDEX TO RECORD
03/18/2011 Motion To Compel Neil J . Gillespie L.T. J UDGE BARTON TO FILE
COMMUNICATION IN THE CASE WITH
L.T. CLERK
Neil J . Gillespie AMENDED
http://199.242.69.70/pls/ds/ds_docket
9
Date
03/23/2011 ORD-TO FILE
RESPONSE
04/02/2011 wall/J T
03/23/2011 Order Denying EOT for
Initial Brief
amended IB
03/23/2011 Order Denying Motion to
Compel
13th judicial circuit to file communication
04/04/2011 RESPONSE Pat Frank, Clerk Clerk's response RE: index.
04/04/2011 Motion For Leave To File
Amended Brief
Neil J . Gillespie
04/07/2011 RESPONSE Ryan Christopher Rodems, Esq.
947652
AEs' response to AA's motion for leave to
file an amended IB.
04/08/2011 Grant Miscellaneous
Motion-79
to file an amended AA brief
04/08/2011 Order for Immediate
Filing of Brief
05/08/2011 amended AA br.
Filing of Brief
04/28/2011 AE may file amended brief
04/26/2011 Miscellaneous Motion Neil J . Gillespie motion for order of protection
04/26/2011 Emergency Motion To
Stay
Neil J . Gillespie PENDING APPEAL
Amended Brief
Neil J . Gillespie
05/02/2011 Order Denying Stay
05/02/2011 Deny Miscellaneous
Motion-79a

05/02/2011 Grant Motion File
Amended Brief-12c
05/23/2011 amended initial brief
Neil J . Gillespie AMENDED BRIEF
05/25/2011 ORDER GRANTING
EOT FOR INITIAL
BRIEF
06/22/2011
Neil J . Gillespie
Amended Brief-12c
07/06/2011
06/23/2011 Notice of Voluntary
Dismissal
Neil J . Gillespie
VOLUNTARY
DISMISSAL

06/24/2011 Dismissed - Order by
Clerk

06/24/2011 Case Permanent
07/05/2011 Motion For Reinstatement Neil J . Gillespie w/appendix
RESPONSE
07/23/2011 Tic Cab/J T
947652
AEs' response to AA's motion to reinstate
dismissed appeal w/attachments.
07/20/2011 Notice of Filing Neil J . Gillespie IN SUPORT OF MOTION TO
REINSTATE APPEAL
07/20/2011 Miscellaneous Motion Neil J . Gillespie TO AMEND NOA W APPENDIX
Date
07/21/2011 Miscellaneous Motion Neil J . Gillespie FOR LEAVE TO SUBMIT REPLY TO
AE'S RESPONSE
Motion-79a
motion to submit reply to response
07/26/2011 Deny Motion to
Reinstate-61a

Motion-79a
to amend notice of appeal
08/03/2011 NOTICE OF APPEAL NOTICE OF APPEAL
08/08/2011 Review Sent to Supreme
Court
NOTICE OF APPEAL
08/24/2011 Acknowledged Receipt
fromSupreme Court
NOTICE OF APPEAL Treated as a Petition for Writ of Mandamus
08/24/2011 NOTICE OF APPEAL S. Ct. order dated 08/22/11, Petitioner's
Notice of Appeal, filed in this Court on
August 8, 2011, has been treated as a
petition for writ of mandamus seeking
reinstatement of the proceedings in the
district court of appeal below. Petitioner is
allowed to and including September 12,
2011, in which to file a proper petition for
writ of mandamus; that complies with
Florida Rule of Appellate Procedure
9.100, addressing why the proceedings in
the district court of appeal should not have
been dismissed. The failure to file a proper
petition with this Court within the time
provided could result in the imposition of
sanctions, including dismissal of this case.
01/12/2012 NOTICE OF APPEAL "COPY" PETITION FOR WRIT OF
MANDAMUS" W/CD
03/15/2012 Supreme Court
Disposition
NOTICE OF APPEAL Dismissed per S. Ct. order dated
03-12-12.
03/23/2012 NOTICE OF APPEAL Copy of Petitioner's Motion for Leave to
File a Proper Motion for Reconsideration
on Single Issue
03/29/2012 NOTICE OF APPEAL Copy of Petitioner's Request to Toll Time
05/25/2012 NOTICE OF APPEAL S. Ct. order dated 05/22/12, Peititoner's
"Motion for Leave to File a Proper Motion
for Reconsideration on Single Issue" has
been treated as a Motion for Extension of
Time to file a Motion for Rehearing, and
said motion is hereby denied. Peititoner's
Addendum, Request to Toll Time,
Amended Certificate of Service" has been
treated as a Motion to Toll Time, and said
motion is denied.
08/23/2013 Miscellaneous Motion Neil J . Gillespie to surrender files
Motion-79a
see order in 11-2127
09/30/2013 Letter APPLICATION FOR ORDER
Motion-79a

12/06/2013 NOTICE OF APPEAL NOTICE OF APPEAL Supreme Court of the United States
ORDER

Date
02/13/2014 NOTICE OF APPEAL S. Ct. order dated 02/11/14 with
attachments
DISTRICTCOURTOF APPEAL
SECONDDISTRICT
P.O. BOX327
LAKELAND,FLORIDA33802-0327
(863)499-2290
Date: October7, 2013
re: Case Number:
In responsetoyourrecentcommunication, pleaseseetheparagraph(s)marked below.
_ Thereappearstobe noproceedingpending inthecourtsimilartotheoneyoudescribe.
_ Iam notauthorizedto providethelegaladvicethatwould provideanswerstoyourinquiry.
_ Thiscaseispendinginthiscourtandyou(oryourattorneyifyou arerepresented)willbenotifiedbymailwhen
adecisionis reached.
Thecourt'smandatewasissuedon . Itsignifiesthattheappealis nowclosed inthiscourt. Only
theoriginalmandate,which issenttotheclerkofthelowercourt, isaccompanied bytheopinionissuedearlier,which
wasprovidedatthattimetothe parties.
_ Thepanel assignedtothisappeal hasgivenno reasonforitsruling and isnotrequiredtodoso.
_ Canon3oftheCodeofJudicialConductprohibitsjudgesfrom reading orconsideringyourletter.
_ Thiscourtcannotactonyourrequestto promptactionbythecircuitcourtunlessjurisdictionisconferred upon it
bythefiling ofan originalproceeding in mandamusinthiscourt.
_ Thiscourthasnotyetreceivedtheappealofwhichyouspeak. Thebrief/motionyoufiled will belinkedupto
thatappealwhen itarrivesfromthecircuitcourt.
_ Yourfilingwill notbeconsidered bythe courtbecauseyou havean attorneyrepresentingyou andthefiling is
notauthorized.
_ Actionwill notbetaken uponyourrequest, norwillitbedocketed. Judicialactionresultsonlyifaformal motion
thatincludesacertificateofserviceontheopposing partyorcounsel isfiled.
_ Copiesfromthiscourt'sfileareavailableat$1 perpage. Ifyouarestill interestedin obtainingcopiesfromthis
court, pleaseadviseand byreturn mailwewill indicatethe numberofpagesinvolved. Alternatively, youmaywishto
contactyourappellateattorneyifyou haveone regardingthisrequest.
_ Thenameandaddressofyourcurrentattorneyis:
Other: JUdgeDavishasturnedoveryourlengthysubmissiontomeforaresponse. 2008-2224wedonot
showhasbeendestroyed,althoughthetimehasexpiredtoretainthefileanditispossibleithasbeen
destroyedandaclericalerrormayleadtotheconclusionthatweretainit. Thisfileifwehaveitisstored
offsite. On ournexttriptothatstorageareawewillcheckandgetbacktoyouonthis. Theotherconcerns
youexpressinyoursubmissiondonotseemtobemattersthatwouldinviteappropriatecommentfromthe
court.
J mes Birkhold
Clerk
w:\document\gillespie
10
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............... T'I"T. " ......e'.rlJJ..' ..."II .. "'-
DISTRICTCOURTOFAPPEAL
SECONDDISTRICT
P.O. BOX327
LAKELAND, FLORIDA33802-0327
..-3'_

I ':iiiIiIr '..-. z P. AIJIIIBIIIP'.......,.
";:) ............ PItNEY BOVto'ES
02 1R $ 00.46
0006557763 ocr072013
MAILEDFROM ZIPCODE 33801
.

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'aI'\,
'
EC
2010-5197
NeilJ.Gillespie
8092 SW115thLoop
Ocala,FL34481
3448i $3567 R=:;&7 III I,JIJ' JIIJ' JIll/" J' JJ" JIll, fI' IJI' JI' J'}' " IJJJ'IiIJI
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I
i
COOK
06/12/2014 04:53
Date
05/06/2008 Case Filing Fee
Tanya M. Uhl, Esq. 052924
06/10/2008 Notice of Filing Tanya M. Uhl, Esq. 052924 TRANSCRIPTS OF COURT
PROCEEDINGS
EOT FOR INITIAL
BRIEF
07/07/2008
Merits
Robert W. Bauer, Esq. E-FILED 07/03/08
07/22/2008 Motion to Supplement Ryan Christopher Rodems, Esq.
947652
W/ATTACHED
RESPONSE
08/17/2008 Tic Cab/CM
08/28/2008 grant supp/long/return
materials
09/22/2008 (wall/CM)
08/28/2008 Received Records 3 VOLUMES BARTON CC COPIES
09/12/2008 Supplemental Records 1 SUPPLEMENTAL VOLUME
09/16/2008 Appellee Answer Brief Ryan Christopher Rodems, Esq.
947652
e-filed 09/16/08
09/16/2008 Motion For Attorney's
Fees
947652

10/16/2008 Motion To Withdraw as
Counsel
Robert W. Bauer, Esq.
10/17/2008 OBJ ECTION Neil J . Gillespie Objection to motion for w/d of counsel.
10/30/2008 Order Denying Withdraw
as Counsel
(wall/WW)
11
Date
01/21/2009 Miscellaneous Motion Neil J . Gillespie FOR LEAVE TO SUBMIT REPLY BRIEF
W/EXHIBITS
01/26/2009 Motion To Strike Ryan Christopher Rodems, Esq.
947652
AA'S PRO SE MOTION FOR LEAVE TO
SUBMIT REPLY BRIEF
Motion-79a

01/29/2009 Miscellaneous Motion Neil J . Gillespie TO SHOW CAUSE WHY ROBERT W.
BAUER SHOULD NOT BE HELD IN
COMTEMPT OF COURT
Motion-79a
(wall/WW) for leave to submit motion to
show cause, etc.
10/09/2009 Attorneys Fees/Deny
/Appellee

10/09/2009 Affirmed - Per Curiam
Affirmed

10/28/2009 Mandate
11/09/2009 Motion For Rehearing Neil J . Gillespie BELATED
11/17/2009 Motion For Rehearing Neil J . Gillespie AMENDED BELATED
12/04/2009 ORD-DENYING
REHEARING

REHEARING
amended
01/13/2010 Returned Records SET VIA AUTO RECORD RETURN
APPLICATION
08/23/2013 Miscellaneous Motion Neil J . Gillespie to surrender files
Motion-79a
see order in 11-2127
04/10/2014 Case Destroyed
-----------------
STATEOFFLORIDA
NEILJ. GILLESPIE
Plaintiff/CounterDefendant, CaseNos.: 2DII-2127
2DI0-5529
vs. 2DI0-5197
2D08-2224
BARKER,RODEMS& COOK,P.A. and 2D07-4530
WILLIAMJ. COOK, 2D06-3803
/
MOTIONTOSURRENDERFILES
AppearingproseNeilJ. Gillespie,henceforthinthefirstperson,movespursuantto
Rule2.430(g),Fla.R.Jud.Admin.,forthefiles inthefollowingcasestobesurrenderedtonle
priortobeingdestroyedinaccordancewithregulardestructionschedules. Somedocketsalready
showthecasewasdestroyed. Thisrequestismadetopreservetherecord,andgetrecordsthat
maystillexistcontrarytothedocketentryshowingcasedestroyed. Docketsareattachedfor:
2DII-2127- attacheddocketshowscasedestroyed07/05/13
2DI0-5529- attacheddocketshowscasedestroyed05/17/13
2D10-5197- attacheddocketshowscaseisavailable
2D08-2224- attacheddocketshowsreturnedrecords01/13/10
2D07-4530- attacheddocketshowscasedestroyed01/31/2011
2D06-3803 - attacheddocketshowscasedestroyed01/06/2009
RESPECFULLYSUBMITTEDAugust22,2013.
12
I HEREBY CERTIFY that the MOTION TO SURRENDER FILES was served by
United Parcel Service August 22,2013 to the HON. JAMES BIRKHOLD, Clerk of the Second
District Court of Appeal, 1005 E. Memorial Blvd., Lakeland, FL 33801. An electronic PDF copy
was provided by email to birkholj@flcourts.org.
RESPECTFULLY SUBMITTED Augus
Civil Prohibition Petition from Hillsborough County
NEIL J. GILLESPIE vs. BARKER, RODEMS & COOK, P A & WILLIAM J. COOK
08/22/2013 02:03
Date
05/02/2011 Petition Filed Neil J . Gillespie FEE WAIVED - SEE 10-5529
05/04/2011 denial of habeas corpus
05/04/2011 Denied - Order by J udge LaRose, Crenshaw, and Black.
05/06/2011 ORD-AMENDED
ORDER
OF ORDER OF 5-4-11
05/06/2011 denial of prohibition
05/19/2011 Case Closed
10/20/2011 Case Permanent SET VIA AUTO PERMANENT
APPLICATION
Civil Prohibition Petition from Hillsborough County
NEIL J. GILLESPIE vs. BARKER, RODEMS & COOK, P. A., ET AL
08/22/2013 02:05
Date
11/18/2010 Petition Filed Neil J . Gillespie WITH EXHIBITS AND 2 DISKS.
Pauperis
Neil J . Gillespie
11/19/2010 fee waiver approved -
writ

11/22/2010 Notice of Filing Neil J . Gillespie SUPPLEMENTAL INFORMATION
947652
Response and suggestion of mootness to
petitioner's "verified emergency petition
for writ of prohibition".
12/08/2010 REPLY Neil J . Gillespie Reply to respondent's suggestion of
mootness and motion for leave to amend
petition for writ of prohibition...
12/08/2010 Miscellaneous Motion Neil J . Gillespie To amend petition for writ of prohibition
(contained in the reply).
12/08/2010 Miscellaneous Motion Ryan Christopher Rodems, Esq.
947652
For dissolution of writ of garnishment
(contained in the reply).
12/09/2010 denial of prohibition as moot
Motion-79a

12/09/2010 Denied - Order by J udge LaRose, Khouzamand Crenshaw
APPLICATION
COOK
08/22/2013 02:06
Date
11/01/2010 fee - civil; pro se
Pauperis
Neil J . Gillespie
ORDER

Neil J . Gillespie
01/07/2011 eot for brief, date certain 02/06/2011
Record
Neil J . Gillespie
02/03/2011 Order Denying Time
Extension - File record

Record
Neil J . Gillespie
Merits
Neil J . Gillespie
02/16/2011 Appellee Answer Brief
w/Appendix
947652
EMAILED 02/14/11
02/17/2011 ORD-GRANT EOT TO
COMPLETE ROA
03/19/2011
03/18/2011 Motion To Compel Neil J . Gillespie CLERK TO CORRECT AND PREPARE
INDEX TO RECORD
03/18/2011 Motion To Compel Neil J . Gillespie L.T. J UDGE BARTON TO FILE
COMMUNICATION IN THE CASE WITH
L.T. CLERK
Neil J . Gillespie AMENDED
Date
RESPONSE
04/02/2011 wall/J T
03/23/2011 Order Denying EOT for
Initial Brief
amended IB
03/23/2011 Order Denying Motion to
Compel
13th judicial circuit to file communication
04/04/2011 RESPONSE Pat Frank, Clerk Clerk's response RE: index.
Amended Brief
Neil J . Gillespie
947652
AEs' response to AA's motion for leave to
file an amended IB.
04/08/2011 Grant Miscellaneous
Motion-79
to file an amended AA brief
Filing of Brief
05/08/2011 amended AA br.
Filing of Brief
04/28/2011 AE may file amended brief
04/26/2011 Miscellaneous Motion Neil J . Gillespie motion for order of protection
04/26/2011 Emergency Motion To
Stay
Neil J . Gillespie PENDING APPEAL
Amended Brief
Neil J . Gillespie
05/02/2011 Order Denying Stay
Motion-79a

Amended Brief-12c
05/23/2011 amended initial brief
Neil J . Gillespie AMENDED BRIEF
EOT FOR INITIAL
BRIEF
06/22/2011
Neil J . Gillespie
Amended Brief-12c
07/06/2011
06/23/2011 Notice of Voluntary
Dismissal
Neil J . Gillespie
VOLUNTARY
DISMISSAL

Clerk

06/24/2011 Case Permanent
07/05/2011 Motion For Reinstatement Neil J . Gillespie w/appendix
RESPONSE
07/23/2011 Tic Cab/J T
947652
AEs' response to AA's motion to reinstate
dismissed appeal w/attachments.
07/20/2011 Notice of Filing Neil J . Gillespie IN SUPORT OF MOTION TO
REINSTATE APPEAL
07/20/2011 Miscellaneous Motion Neil J . Gillespie TO AMEND NOA W APPENDIX
Date
07/21/2011 Miscellaneous Motion Neil J . Gillespie FOR LEAVE TO SUBMIT REPLY TO
AE'S RESPONSE
Motion-79a
motion to submit reply to response
07/26/2011 Deny Motion to
Reinstate-61a

Motion-79a
to amend notice of appeal
08/03/2011 NOTICE OF APPEAL NOTICE OF APPEAL
08/08/2011 Review Sent to Supreme
Court
NOTICE OF APPEAL
08/24/2011 Acknowledged Receipt
fromSupreme Court
NOTICE OF APPEAL Treated as a Petition for Writ of Mandamus
08/24/2011 NOTICE OF APPEAL S. Ct. order dated 08/22/11, Petitioner's
Notice of Appeal, filed in this Court on
August 8, 2011, has been treated as a
petition for writ of mandamus seeking
reinstatement of the proceedings in the
district court of appeal below. Petitioner is
allowed to and including September 12,
2011, in which to file a proper petition for
writ of mandamus; that complies with
Florida Rule of Appellate Procedure
9.100, addressing why the proceedings in
the district court of appeal should not have
been dismissed. The failure to file a proper
petition with this Court within the time
provided could result in the imposition of
sanctions, including dismissal of this case.
01/12/2012 NOTICE OF APPEAL "COPY" PETITION FOR WRIT OF
MANDAMUS" W/CD
03/15/2012 Supreme Court
Disposition
NOTICE OF APPEAL Dismissed per S. Ct. order dated
03-12-12.
03/23/2012 NOTICE OF APPEAL Copy of Petitioner's Motion for Leave to
File a Proper Motion for Reconsideration
on Single Issue
03/29/2012 NOTICE OF APPEAL Copy of Petitioner's Request to Toll Time
05/25/2012 NOTICE OF APPEAL S. Ct. order dated 05/22/12, Peititoner's
"Motion for Leave to File a Proper Motion
for Reconsideration on Single Issue" has
been treated as a Motion for Extension of
Time to file a Motion for Rehearing, and
said motion is hereby denied. Peititoner's
Addendum, Request to Toll Time,
Amended Certificate of Service" has been
treated as a Motion to Toll Time, and said
motion is denied.
COOK
08/22/2013 02:08
Date
Tanya M. Uhl, Esq. 052924
06/10/2008 Notice of Filing Tanya M. Uhl, Esq. 052924 TRANSCRIPTS OF COURT
PROCEEDINGS
EOT FOR INITIAL
BRIEF
07/07/2008
Merits
Robert W. Bauer, Esq. E-FILED 07/03/08
07/22/2008 Motion to Supplement Ryan Christopher Rodems, Esq.
947652
W/ATTACHED
RESPONSE
08/17/2008 Tic Cab/CM
08/28/2008 grant supp/long/return
materials
09/22/2008 (wall/CM)
08/28/2008 Received Records 3 VOLUMES BARTON CC COPIES
09/12/2008 Supplemental Records 1 SUPPLEMENTAL VOLUME
09/16/2008 Appellee Answer Brief Ryan Christopher Rodems, Esq.
947652
e-filed 09/16/08
09/16/2008 Motion For Attorney's
Fees
947652

10/16/2008 Motion To Withdraw as
Counsel
10/17/2008 OBJ ECTION Neil J . Gillespie Objection to motion for w/d of counsel.
10/30/2008 Order Denying Withdraw
as Counsel
(wall/WW)
Date
01/21/2009 Miscellaneous Motion Neil J . Gillespie FOR LEAVE TO SUBMIT REPLY BRIEF
W/EXHIBITS
01/26/2009 Motion To Strike Ryan Christopher Rodems, Esq.
947652
AA'S PRO SE MOTION FOR LEAVE TO
SUBMIT REPLY BRIEF
Motion-79a

01/29/2009 Miscellaneous Motion Neil J . Gillespie TO SHOW CAUSE WHY ROBERT W.
BAUER SHOULD NOT BE HELD IN
COMTEMPT OF COURT
Motion-79a
(wall/WW) for leave to submit motion to
show cause, etc.
10/09/2009 Attorneys Fees/Deny
/Appellee

10/09/2009 Affirmed - Per Curiam
Affirmed

10/28/2009 Mandate
11/09/2009 Motion For Rehearing Neil J . Gillespie BELATED
11/17/2009 Motion For Rehearing Neil J . Gillespie AMENDED BELATED
REHEARING

REHEARING
amended
01/13/2010 Returned Records SET VIA AUTO RECORD RETURN
APPLICATION
Civil Certiorari Petition from Hillsborough County
BARKER, RODEMS & COOK, P. A., & WILLIAM J. COOK vs. NEIL J.
GILLESPIE
08/22/2013 02:10
Date
09/27/2007 Petition Filed Ryan Christopher Rodems, Esq.
947652
E-MAILED
10/19/2007 certiorari response -
pretrial
11/08/2007
11/08/2007 Motion for Extension of
Time to File Response
11/14/2007 grant eot for cert
response
11/26/2007
11/15/2007 RESPONSE Robert W. Bauer, Esq. Response to petition for writ of certiiorari,
e-filed 11-13-07.
11/16/2007 Request for Oral
Argument
AE Robert W. Bauer, Esq.
11/26/2007 REPLY Ryan Christopher Rodems, Esq.
947652
Petitioner's reply, e-filed 11-20-07.
11/26/2007 Request for Oral
Argument
EXTRAORDINARY - AA Ryan
Christopher Rodems, Esq. 947652
Motion-79a
extarordinary motion for oral argument
11/30/2007 RESPONSE Robert W. Bauer, Esq. motion in response to petitioners'
extraordinary motion for oral argument
02/08/2008 Denied - Citation
APPLICATION
Civil Certiorari Petition from Hillsborough County
NEIL J. GILLESPIE vs. BARKER, RODEMS & COOK P. A. & WILLIAM J. COOK
08/22/2013 02:10
Date
08/23/2006 Petition Filed Neil J . Gillespie
08/25/2006 Ord-Miscellaneous from
DCA
(Cent.Stf) no new appeal initiated
09/08/2006 certiorari dismissed for lack of jurisdiction
J udge
Altenbernd,Whatley and Wallace
10/03/2006 Miscellaneous Motion Neil J . Gillespie TO CORRECT OMISSION
12/07/2006 Motion To Expedite Neil J . Gillespie OR IN THE ALTERNATIVE MOTION TO
REFUND FILING FEE
01/17/2007 Deny Expediting-77a or in alternative refund filing fee
01/17/2007 denial of writ rehearing motion to correct omission treated as
rehearing
APPLICATION
September20, 2013
NOTCONSOLIDATED
CASENO.:2011-2127
CASENO.:2010-5529
CASENO.:2010-5197
CASENO.:2008-2224
CASENO.: 2007-4530
CASENO.:2006-3803
L.T. No. :05-CA-007205
PA &WilliamJ. Cook
BYORDEROFTHECOURT:
Served:
pm
James Birkhold
Clerk
13
-, \ ,
) Ii
....'-' , ....
INTHECIRCUITCOURTOFTHETIllRTEENTHJUDICIALCmCUITOF
THESTATEOFFLORIDA,INANDFORHILLSBOROUGHCOUNTY,
CIVILDIVISION
NEILJ.GILLESPIE,
PLAINTIFF,
vs.
BARKER,RODEMS&COOK,P.A.,
aFloridaCorporation;andWILLIAM
J.COOK,
DEFENDANTS.
--------------_-----:/
ORDERONDEFENDANTS'MOTIONTODISMISSANDSTRIKE
TIDSCAUSEcameonforhearingonSeptember26,2005,uponDefendant's
MotiontoDismissandStrike,andcounselforthepartiesbeingpresentandhavingmade
argumentsandthecourthavingconsideredthePlaintiffsRebuttaltoDefendant'sMotion
toDismissandStrike. Defendant'sReplyto PlaintiffsRebuttaltoDefendant'sMotion
toDismissandStrikeandthePlaintiff'sSecondRebuttaltoDefendant'sMotionto
DismissandStrike,andthecourtbeingadvisedfullyinthepremises,itisthereupon,
ADJUDGEDasfollows:
1. Defendant'sMotiontoDismissandStrikeisgrantedinpartanddeniedinpart.
2. ThoseportionsofDefendant'sMotiontoDismissandStrikeseekingto
dismisstheComplaintaredenied. Defendantshallhavefifteendaysfromthedateof this
orderwithinwhichtofileresponsivepleadings.
DIVISION"F "
or, 36
-
//1-
14
3. Those portions of Defendant's Motion to Dismiss and Strike seeking to strike
portions of the Complaint is granted in the following particulars:
a. Paragraphs 47, 48, 49 and 50 of the Complaint are stricken.
b. Exhibit 8 to the Complaint is stricken.
c. All references to or demands for punitive damages are stricken or
failure to comply with 768.72 of the Florida Statutes.
ORDERED in Chambers, at Tampa, Hillsborough County, Florida, this
_ day of JAN 13 2006 , 2o_.
RICHARD A. NIELSEN
CIRCUIT JUDGE
Copies furnished to:
Ryan C. Rodems, Esquire
300 West Platt Street, Suite 150
Tampa, Florida 33606
Neil J. Gillespie
8092 SW 115
th
Loop
or' 37
f _
THEFLORIDABAR
651 EASTJEFFERSONSTREET
JOHNF.HARKNESS,JR. TALLAHASSEE,FLORIDA 32399-2300 850/561-5600
EXECUTIVEDIRECTOR WWW.FLORIDABAR.ORG
May27,2014
Mr.NeilJ. Gillespie
8092S.W. 115thLoop
Ocala,FL34481
Re: Mr. JohnWilliamGardner;RFA# 14-14647
DearMr. Gillespie:
YouhaverequestedreviewofthedecisionbyBarCounseltocloseyourRequestforAssistance.
ReviewofclosedRFA's are subjecttotheprovisionscontainedinapolicyadoptedbytheboard
ofgovernors. Pursuant to this policy the Director ofthe Bar's Attorney Consumer Assistance
Program (ACAP) will review this file and decide ifclosure was appropriate. You will be
notifiedof thisdecisioninwriting.
Each ofthese reviews may take as long as 60 days to complete. We thank you for your
understandingandpatience.
Sincerely,
~ A . ~ CJ, ..
.. r . ~ . . .
TheodoreP. LittlewoodJr.,BarCounsel
AttorneyConslmlerAssistanceProgram
ACAPHotline866-352-0707
cc: Mr.JohnWilliamGardner
15
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iRS -:-
THE FLORIDA BAR
Hasler
E:rEi\ 651 EAST JEFFERSON STREET 05/27i2014
a: n
\ Z TALLAHASSEE, FL 323992300 tM#I
$OO.48
Q

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ZiP 32399
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Visit our web site: www.FLORIDABAR.org
Mr. Neil J. Gillespie
8092 S.W. 115th Loop
Ocala, FL 34481
3::+48i 7 R::=E:?
i ijj;j i i j; ;j jj hi i jj i jI j j j j jiIi j j;; iii i j;; ii j j iii j i j jj Jii ; j j; ijii
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VIA Email jharkness@flabar.org May 23, 2014
J ohn F. Harkness, Executive Director RE: Florida Bar RFA No.: 14-14647
J ohn T. Berry, Legal Director, @ jberry@flabar.org J ohn William Gardner, ID: 745219
Theodore P. Littlewood J r., @ tlittlew@flabar.org
The Florida Bar, 651 East J efferson Street cc: J ohn William Gardner, US Mail
Tallahassee, FL 32399-2300
Mr. Littlewood dismissed the complaint against Mr. Gardner by letter February 28, 2014,
...Please be advised that my action does not preclude you from consulting with private counsel,
nor does it preclude you from exercising any legal remedy which may be available to you...
On information and belief, this is a matter for referral to the Federal Bureau of Investigation.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop Telephone: 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net
Enclosures: Mr. Littlewoods letter dismissing RFA No.: 14-14647 February 28, 2014
Cover page, Separate Appendix for RFA No.: 14-14647, J ohn William Gardner
THEFLORIDABAR
651EASTJEFFERSONSTREET
JOHNF.HARKNESS,JR. TALLAHASSEE,FLORIDA32399-2300s (850)561-5600
EXECUTIVEDIRECTOR
www.FLABAR.ORG
February28,2014
Mr. NeilJ. Gillespie
8092 S.W. 115thLoop
Ocala,FL 34481
Re: Mr. JohnWilliamGardner; RFANo.: 14-14647
DearMr. Gillespie:
Yourinquiryconcerningtheabove-referencedattorneyhasbeenreferredto meformyreview.
YouallegedthatMr. Gardnerfailedtotakecorrectiveactionwhennotifiedbyyouthathisexpert
testimonywasnegligent. Ifalawyerhasofferedmaterialevidenceandthereaftercomestoknow
ofits falsity, the lawyer shall take reasonable remedial measures. In order to find that Mr.
Gardnercame to knowofits falsity and yet acted withdishonesty, misrepresentation, deceit, or
fraud by failing to take reasonable renledial measures, the necessary element ofintent must be
proven by clear and convincing evidence. Clear and convincing evidence has been defined as
"evidence so clear, directand weightyand convincing as to enable [the factfinder] to cometo a
clear conviction, without hesitancy, ofthe truth ofthe precise facts in issue." This burden of
proofis heavier than the burden ofproofrequired in an ordinary civil trial and cannot be met
underthefactspresented.
YoufurtherallegedthatMr. Gardnerfailedto reportthemisconductofanotherlawyerwhenyou
informedMr. Gardnerofthatlawyer'smisconduct. Alawyerisrequiredtoreporttheconductof
another lawyer when he knows that another lawyer has committed a violation ofthe Rules of
Professional Conduct that raises a substantial question as to that lawyer's honesty,
trustworthiness, or fitness as a lawyer. However, a lawyer is not obligated to report every
violation ofthe rules, ratller the reporting obligation is limited to those offenses that a self-
regulating profession must vigorously endeavor to prevent. A lawyer is therefore expected to
exerciseameasureofjudgmentindeterminingwhetherapossibleoffenserequiresreporting.
After careful consideration, I conclude that the matters referenced in your inquiry do not
constitute violations ofthe Rules ofProfessional Conduct, and accordingly, your inquiry does
notfall withinthepllrviewofthegrievancesystemframework. Consequently,Ihaveclosedour
record in this matter. Please be advised that my action does not preclude you from consulting
withprivate counsel, nor does it preclude you from exercising any legal remedy which may be
availabletoyou.
Pursuant to the Bar's records retention schedule, the computer record and file will be disposed of
one year from the date of closing.
Sincerely,
Theodore P. Littlewood Jr., Bar Counsel
Attorney Consumer Assistance Program
ACAP Hotline 866-352-0707
cc: Mr. JOlul William Gardner
__ 7"'
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,.ePfJ.
C__ ASS MAil
THE FLORIDA BAR
o 'e. 651 EAsT JEFFERSON STREET
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$00.48
2
TALLAHASSEE, FL 32399-2300
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'"

.... J
ZIP 32399
011011637246

Visit our web site: www.FLORIDABAReorg
Mr. Neil J. Gillespie
8092 S.W. 115th Loop
Ocala, FL 34481
3448i$35&7 ROe?
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Separate Appendix
The Florida Bar - RFA No.: 14-14647 - Complaint for J ohn William Gardner, Bar ID: 745219
Appendix 1 Doc. 32, Notice of Assignment of Claims, Motion for Dismissal with Prejudice
Appendix 2 Doc. 51, ORDER, October 6, 2011, by US Magistrate J udge Thomas B. Smith
Appendix 3 Doc. 43, assigned US Magistrate J udge David A. Baker left Ocala J uly 29, 2011
Appendix 4 Public record of satisfaction of the $11,500 judgment to Barker, Rodems & Cook,
appears on my consumer credit report May 1, 2014 affecting interstate commerce.
Appendix 5 Letter of dismissal February 28, 2014 by Bar Counsel Theodore P. Littlewood J r.
Appendix 6 Complaint submitted February 25, 2014 by Neil J . Gillespie to J ohn F. Harkness,
Executive Director & J ohn T. Berry, Legal Director, The Florida Bar. (35 pages)
Appendix 7 TRANSCRIPT, March 20, 2008 hearing, J udge J ames M. Barton, II. (71 pages)
1. Robert W. Bauer for Neil J . Gillespie, Plaintiff and Counter-Defendant
appearances: 2. Ryan Christopher Rodems for Barker, Rodems & Cook, P.A., D-CP
3. J ohn William Gardner, Expert Witness for Mr. Rodems & BRC
Mr. Rodems may have kept a record of time preparing the bribe. TRANSCRIPT, page 32:
1. [ MR. RODEMS] . . . you know, I have - - i f you go t o my
2. of f i ce, I ' ve got a cl ock on t he wal l , I ' ve got a cl ock
3. on my shel f , I ' ve got a cl ock on my comput er , I ' ve got a
4. wr i st wat ch. I ' ma t i me per son. I l ove cl ocks. I keep
5. cl ocks. I t ake car e of t he docks. A pr edomi nant
6. maj or i t y of my cl i ent s do r equi r e det ai l ed hour l y
7. bi l l i ngs and t hey want t o be bi l l ed f or r eal t i me and
8. t hat ' s what I do, I bi l l i n i ncr ement s of . 1 t o act ual
9. t i me.

Neil Gillespie
From: "J im Birkhold, Clerk" <Birkholj@flcourts.org>
To: "'Neil Gillespie'" <neilgillespie@mfi.net>
Cc: "J o Haynes" <HaynesJ @flcourts.org>
Sent: Monday, October 14, 2013 12:37 PM
Subject: RE: Records request
Page 1of 5
6/12/2014
Mr. Gillespie:

Several judges of this court since 2006 have returned as senior judges to serve on panels
after retirement. These are: Judges Threadgill, Danahy, Green, Salcines, and Schoonover.

The files in 2D11-2127 and 2D10-5529 have been destroyed according to state retention
laws, so I am unable to access these files in an effort to respond to your inquiry regarding
them. To the extent that there may be internal documents circulated pertinent to these
proceedings among judges and staff, these are confidential as noted in Rule of Judicial
Administration 2.420(c)(1).

You have inquired about 2D10-5179; this file also has been destroyed in accordance with
state retention laws. It appears instead this inquiry regards 2D10-5197, so the information
below addresses that proceeding.

The following orders were entered by non-judicial personnel: November 1, 2010; November
22, 2010; January 7, 2011; February 3, 2011; February 17, 2011; May 25, 2011; June 23,
2011; June 24, 2011; and July 11, 2011.

The order of March 23, 2011, was entered by Judges Black and Crenshaw.
The order of April 8, 2011, was entered Judges Wallace and Khouzam.
The order of May 2, 2011, was entered by Judges Altenbernd and Northcutt.
The order of July 26, 2011, was entered by Judges Wallace, Black, and LaRose.

You have requested records that show the participation of the judges, which I can provide to
you at a cost of $1 per page. Please confirm whether the above suffices, and if not I will
conduct a page count so that you can submit a check for the copies of the records from which
I have extracted the above information. To the extent that you have requested on this case
panel decision records if there are internal memoranda associated with these decisions they
are confidential per the rule of judicial administration noted above.

Judge Silberman served as chair of the Judicial Qualifications Commission from January 2007
until December 2008.

-James Birkhold, Clerk, 2d DCA
16

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Sent: Saturday, October 12, 2013 8:52 PM
To: J o Haynes; J im Birkhold, Clerk
Subject: Re: Records request

Hon. J ames Birkhold, Clerk of Court

RE: Record request

Dear Clerk Birkhold:

I am in receipt of emailed information from Marshal J o Haynes. However Senior J udge Edward F.
Threadgill, J r. ruled in 2D07-4530 February 8, 2008 and his name is not on the list provided by Marshal
Haynes. The 2dDCA website shows Senior J udge Edward F. Threadgill, J r. served 1987-2001, but
apparently continued to serve in some capacity in 2008 but not reflected at the link.
http://www.2dca.org/Historic%20Info/Former%20J udges.shtml Are there other such judges who served
in some capacity while retired?

Thirteen (13) Orders were entered by the Court in Appeal No. 2D10-5179, but no order carries the name
of any judge of the Second District Court of Appeal. The orders are attached. This is a request for
records showing the judges involved in each order, such as, but not limited to, panel decision records.

J udge Marva L. Crenshaw made rulings in 2D11-2127 and 2D10-5529. Previously J udge Crenshaw also
entered an Order in the same matter in the lower tribunal 05-CA-7205 while a Hillsborough Circuit
J udge, August 16, 2008. I thought an appellate judge was prohibited from ruling in an appeal where the
judge ruled in the trial court? J udge Crenshaw ruled in 05-CA-7205 while the assigned judge, J ames M.
Barton, II, was on vacation. Also, in 2D11-2127, which was denied just two days after filing, no ruling
was made on my motion for a change of venue from Hillsborough Co. to Marion Co. or federal court.
Kindly provide records showing why the motion was not ruled upon, including but not limited to panel
decision records.

J udge Khouzam ruled in 2D10-5529 Denied, December 9, 2010, prohibition of J udge Martha Cook, and
denied a motion for order of protection. Kindly provide records showing why the motion for order of
protection was denied, including but not limited to panel decision records.

It has come to my attention that J udge Khouzam is married to J udge Morris Silberman. Why does the
2dDCA website conceal this information? In Florida the relationship to a party or attorney is computed
by using the common law rule rather than the civil law rule. In computing affinity husband and wife are
considered as one person and the relatives of one spouse by consanguinity are related to the other by
affinity in the same degree. State v. Wall, 41 Fla. 463.

J udge Khouzam is married and has one daughter. http://www.2dca.org/J udges/Bio/khouzam.shtml
J udge Silberman is married and has one daughter. http://www.2dca.org/J udges/Bio/silberman.shtml

The 2dDCA website shows J udge Silberman "has been active in a variety of professional and civic
organizations: the Florida J udicial Qualifications Commission from 2003 to 2012, including serving as
its Chairman;" When was J udge Silberman Chair of the J QC?
Page 2of 5
6/12/2014

Thank you in advance for the courtesy of a response.

Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, FL 34481
----- Original Message -----
From: J o Haynes
To: neilgillespie@mfi.net
Cc: J im Birkhold, Clerk
Sent: Friday, October 11, 2013 7:11 PM

Mr. Gillespie,

The following is provided in response to your recent request for information. The following judges are currently
serving as judges of the 2nd District Court of Appeal:

Chief J udge Charles A. Davis, J r. (Chief J udge 2013 - present)
J udge Chris W. Altenbernd
J udge Stevan T. Northcutt (Chief J udge 2007-2009)
J udge Darryl C. Casanueva (Chief J udge 2009-2011)
J udge Morris Silberman (Chief J udge 2011-13)
J udge Patricia J . Kelly
J udge Craig C. Villanti
J udge Douglas A. Wallace
J udge Edward C. LaRose
J udge Nelly N. Khouzam
J udge Marva Crenshaw
J udge Robert Morris
J udge Anthony K. Black
J udge Daniel H. Sleet

See also, http:/ / www.2dca.org/ J udges/ judges.shtml

J udges of the 2nd District Court of Appeal, retired:
I hope that this information meets your needs.
J udge Carolyn K. Fulmer
1994-2009
Chief J udge 2005-2007
J udge E.J . Salcines
1998-2008

J udge Charles T. Canady
2002-2008

J udge Thomas E. Stringer, Sr.
1999-2009

J udge J ames W. Whatley
1995-2012
Page 3of 5
6/12/2014

Jo Haynes
Marshal, 2nd District Court of Appeal
From: J im Birkhold, Clerk
To: J o Haynes
Subject: FW: Records request

From: J im Birkhold, Clerk
To: Neil Gillespie
I have forwarded your request to this court's marshal, J o Haynes. Expect to hear back from her office, thanks.
From: Neil Gillespie [neilgillespie@mfi.net]
To: J im Birkhold, Clerk
Cc: Laura Rush
Subject: Re: Records request
Hon. J ames Birkhold, Clerk of Court
RE: Record request
Dear Clerk Birkhold:
Laura Rush, General Counsel, Office of the State Courts Administrator, referred me to the Second
District Court of Appeal for the names and dates of service of judges and chief judges serving in the
Second District Court of Appeal since 2006, see the email of Ms. Rush below.
Therefore I make the records request to you for the names and dates of service of judge and chief
judges serving in the Second District Court of Appeal since 2006. Thank you.
Sincerely,
Neil J . Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Ps. Thirteen (13) Orders were entered by the Court in Appeal No. 2D10-5179, but no order carries the
name of any judge of the Second District Court of Appeal. The orders are attached.
----- Original Message -----
From: Laura Rush
To: 'Neil Gillespie'
Subject: RE: Please see attached PDF, paper letter delivered by UPS today

Mr. Gillespie,

This e-mail responds to your Oct. 10, 2013, records request for the names and dates of
service of judges and chief judges serving in the Second District Court of Appeal since
2006. The OSCA Personnel Office advises that our office does not maintain records
containing this information. You may request these records from the Second District
Page 4of 5
6/12/2014
Court of Appeal.

Sincerely,
Laura Rush
General Counsel
Office of the State Courts Administrator
500 South Duval Street
Tallahassee, FL 32399-1900
(850) 488-1824

From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Sent: Friday, October 11, 2013 11:38 AM
To: osca
Cc: Laura Rush; Cal Goodlett
Subject: Please see attached PDF, paper letter delivered by UPS today

Page 5of 5
6/12/2014

2dDCA 2D10 5197 Amended Application For Order June 12 2014

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2dDCA 2D10 5197 Amended Application For Order June 12 2014

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SECOND DISTRICT COURT OF APPEAL

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