notice of objection to the 2ddca hearing this cause 2d14-5388

8/10/2019 Notice of Objection to the 2dDCA Hearing This Cause 2D14-5388

1/50

SECOND DISTRICT COURT OF APPEAL

STATE OF FLORIDA

NEIL J. GILLESPIE,

Appellant/Petitioner pro se (nonlawyer), Appellate Case: 2D14-5388Lower Tribunal Case: 05-CA-7205

vs.

BARKER, RODEMS & COOK, P.A. Et Al.,

Appellee/Respondent(s).

________________________________________/

NOTICE OF OBJECTION TO THE 2dDCA HEARING THIS CAUSE

Motion To Change Tribunal (Venue Rule 2.260, Fla.R.Jud.Admin)

1. Appellant/Petitioner Neil J. Gillespie, an indigent, disabled, nonlawyer reluctantly

appearing pro se, henceforth in the first person, gives notice of objection to the Second District

Court of Appeal hearing this cause, and moves to change tribunal (venue), and states:

2. This Court entered an Order November 24, 2014, This will proceed per rule 9.130(a)(4).

(Exhibit 1). On information and belief, this Court has a conflict with me in this proceeding.

3. On December 4, 2014 I submitted a Complaint pursuant to Section 20.055(1)(d), Florida

Statutes, against the Second District Court of Appeal, with Greg White, Inspector General, Office

of Inspector General, State Courts System. The Inspector General is authorized under section

20.055(6), Florida Statutes, to initiate, conduct, supervise, and coordinate investigations designed

to detect, deter, prevent and eradicate fraud, waste, mismanagement, misconduct, and other abuses

in state government. A copy of the Complaint and Index of Appendices appears at Exhibit 2.

4. The IG Complaint notes additional conflict with me and Judges of this Court on page 1,

This complaint is directed only against the Florida Second District Court of Appeal.

(hereinafter called Court or 2dDCA). Misconduct by individual judges will be

brought by separate complaint to the appropriate agency. This is not a Florida Bar

complaint.

Filing # 21301987 Electronically Filed 12/05/2014 03:28:10 PM


2/50

2

5. Therefore, a reasonable person could conclude I could not get a fair hearing in the Florida

Second District Court of Appeal due to bias, and this cause must be moved to a fair venue.

6. Rule 2.260, Fla.R.Jud.Admin, Change of Venue, is the only rule I found on this issue.

7. Disqualification of trial Judge James D. Arnold would also permit review of his decision

entered in the lower tribunal October 7, 2014. (Exhibit 8).

8. The standard in determining legal sufficiency is whether a reasonable person would fear

that he or she could not get a fair trial with the present judge under the circumstances outlined in

the motion. See Department of Agriculture and Consumer Services v. Broward County, 810 So.

2d 1056 (Fla. 1st DCA 2002); Jimenez v. Ratine, 954 So. 2d 706 (Fla. 2d DCA 2007); Jarp v.

Jarp, 919 So. 2d 614 (Fla. 3d DCA 2006); Deakter v. Menendez, 830 So. 2d 124, 49 U.C.C. Rep.

Serv. 2d 849 (Fla. 3d DCA 2002); Baez v. Koelemij, 960 So. 2d 918 (Fla. 4th DCA 2007);

Winburn v. Earl's Well Drilling & Pump Service, 939 So. 2d 199 (Fla. 5th DCA 2006).

9. Rule 2.330(d) defines the general grounds for disqualification and identifies several

specific grounds. As previously noted, the legal procedure for disqualification is intended to

serve the same general goals as the Code of Judicial Conduct. A judge is obligated by the Code

of Judicial Conduct to enter an order of disqualification in any of these circumstances even if a

party has not filed a motion for disqualification. It follows that a motion for disqualification is

legally sufficient if it alleges any of these matters listed in Canon 3E(1).

10. In this case the record is clear that the Second District Court of Appeal can not be

impartial. The basic tenet for disqualification of a judge is that justice must satisfy appearance of

justice, and this tenet must be followed even if record is lacking of any actual bias or prejudice

on judge's part, and even though this stringent rule may sometimes bar trial by judges who have


3/50

3

no actual bias and who would do their very best to weigh scales of justice equally between

contending parties. Kielbania v. Jasberg 744 So.2d 1027.

11. It is a fundamental right that every litigant is entitled to nothing less than the cold

neutrality of an impartial judge, and it is the duty of a judge to scrupulously guard this right and

refrain from attempting to exercise jurisdiction in any matter where his qualification to do so is

seriously brought in question. Crosby v. State, 97 So.2d 181. Judge not only must be free of evil

intent but he must also avoid appearance of evil. It is party's right to have judge free from any

obvious source of possible unconscious bias. Aetna Life & Cas. Co. v. Thorn, 319 So.2d 82.

12. This Courts Order November 24, 2014 names BARKER, RODEMS & COOK, P.A. Et

Al., as Appellee/Respondent(s). On information and belief, the law firm formerly known as

Barker, Rodems & Cook, P.A. no longer exists. The Florida Division of Corporations shows:

(a) Articles of Amendment, new name Barker & Cook, P.A. (Exhibit 3).

(b) Officer/Director Resignation, Ryan Christopher Rodems (Exhibit 4)

(c) 2014 Florida Profit Corporation Annual Report, Barker & Cook, P.A. (Exhibit 5).

13. The Florida Bar member page for Ryan Christopher Rodems shows he is employed with

Morgan & Morgan, P.A., 20 N Orange Ave., Orlando, FL 32801-2414. (Exhibit 6). However the

email address shown, [email protected], bounced on the Florida E-filing Portal.

14. Barker & Cook, P.A. has a conflict with me and its partners, William John Cook, and

Chris A. Baker - along with Mr. Rodems, for bribery of judges in Hillsborough County as

described in my letter and records request to Chief Judge Manuel Menendez, Jr. (Exhibit 8). I do

not waive the conflict. Messrs. Barker, Rodems and Cook must obtain counsel not in conflict

with me. Tellingly Chief Judge Menendez has not responded or provided records.

15. Previously in 2011 I sought a change of venue to Marion County Florida where I live.

That path is foreclosed. The waves of injustice in this cause have spread over the entire state.


4/50


5/50

IN

THE DISTRICT COURT OF APPEAL OF THE STATE

OF

FLORIDA

SECOND DISTRICT, POST OFFICE BOX 327, LAKELAND, FL 33802-0327

November 24, 2014

CASE NO.: 2D14-5388

L.T. No. : 05-CA-7205

Neil J Gillespie

v

Barker, Rodems Cook, P A., Et AI.,

Appellant / Petitioner(s), Appellee / Respondent(s).

BY ORDER

OF

THE COURT:

This will proceed per rule 9.130(a)(4).

I HEREBY CERTIFY that the foregoing is a true copy o the original court order.

Served:

Ryan Christopher Rodems, Esq. William J Cook Barker, Rodems Cook, P A

Neil J Gillespie Pat Frank, Clerk

ec

1


6/50

VIA UPS No. 1Z64589FP294762754 December 4, 2014

Greg White, Inspector General VIA Email: [email protected] of Inspector General, State Courts System VIA Email: [email protected] Court Building

500 South Duval StreetTallahassee, FL 32399-1925

Dear Inspector General Greg White:

This complaint is made under the Florida State Courts System Fraud Policy against,

Florida Second District Court of Appeal (2dDCA)1005 E. Memorial Blvd. P.O. Box 327Lakeland, FL 33801 Lakeland, FL 33802Telephone: (863) 499-2290, FAX (863) 413-2649

for failure to have internal controls to provide reasonable assurance that the 2dDCA compliedwith administrative policies, procedures, and rules as well as applicable statutes. As shown inthis complaint, operations of the 2dDCA did not support the goals and objectives of the StateCourts System, and did not promote the effective and efficient use of state resources.

This complaint is directed only against the Florida Second District Court of Appeal. (hereinaftercalled Court or 2dDCA). Misconduct by individual judges will be brought by separatecomplaint to the appropriate agency. This is not a Florida Bar complaint.

1. The case file in docket no. 2D08-2224 was wrongly destroyed April 10, 2014;

2. 13 anonymous decisions entered in case 2D10-5197; none carry the name orsignature of a judge of the 2dDCA; only the name of Clerk appears;

3. $14 fee for records showing who entered anonymous decisions in 2D10-5197;

4. The 2dDCA took no judicial action on my notice of appeal December 5, 2013,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.

5. The 2dDCA failed to take judicial action in case 2D11-2127 as required by the

Constitution and laws of Florida, including the Florida Rules of AppellateProcedure, and the Florida Rules of Judicial Administration.

Office of Inspector Generalhttp://www.floridasupremecourt.org/oig/index.shtml

The Office of Inspector General (OIG) is an integral part of the State Courts System.

2


7/50

Greg White, Inspector General - 2dDCA COMPLAINT December 4, 2014Office of Inspector General, State Courts System Page - 2

The purpose of the OIG is to provide a central point for coordination of, and responsibility for,

activities that promote accountability, integrity, and efficiency in the State Courts System.

The goal of the OIG is to proactively perform engagements designed to add value and improvethe programs and operations of the State Courts System.

Mission of the Office of Inspector General

To proactively perform engagements designed to add value and improve the programsand operations of the State Courts System

Jurisdiction for the Inspector General, State Courts System

Florida Constitution, Article V, Judiciary, Section 4, District Courts of Appeal

Florida Statutes, Title V, Judicial Branch, Chapter 35, District Courts of Appeal (35.03)

F.S. 25.382 State courts system. (1) As used in this section, state courts system meansall officers, employees, and divisions of the Supreme Court, district courts of appeal...

F.S. 29.001 State courts system elements and definitions. (1) For the purpose ofimplementing s. 14, Art. V of the State Constitution, the state courts system is defined toinclude the enumerated elements of the Supreme Court, district courts of appeal...

F.S. 29.004 State courts system.For purposes of implementing s. 14, Art. V of the StateConstitution, the elements of the state courts system to be provided from state revenues...

Authority for the Inspector General, State Courts System

Section 20.055, Florida Statutes, Agency inspectors general.

(1) As used in this section, the term:(d) State agency means... the state courts system.

(2) The Office of Inspector General is established in each state agency to provide acentral point for coordination of and responsibility for activities that promoteaccountability, integrity, and efficiency in government....

Florida State Courts System Fraud PolicyVI. Investigation of Allegations of Fraud

a. Authority to Investigate Allegations of Fraud

i. The IG is authorized under section 20.055(6), Florida Statutes, to initiate, conduct, supervise,and coordinate investigations designed to detect, deter, prevent and eradicate fraud, waste,mismanagement, misconduct, and other abuses in state government. The IG is also authorized toreceive and investigate complaints filed pursuant to the Whistle-blowers Act in section112.3187-112.31895, Florida Statutes. The IG shall refer complaints involving judges, attorneysor other licensed or regulated individuals to the appropriate oversight or regulatory body forinvestigation and determination of probable cause.


8/50


ii. In the course of investigating fraud, suspected fraud or other wrong-doing within the scope of

this policy, the IG shall have free and unrestricted access to all records and premises required toevaluate allegations. When investigating fraud, suspected fraud or other wrong-doing within thescope of this policy, the IG may inspect, examine, copy or remove SCS records and propertywithout prior consent of any individual who may have custody of such items.

Background Information

I had six cases in the Second District Court of Appeal related to Hillsborough Case 05-CA-7205,Neil J. Gillespie v. Barker, Rodems & Cook, PA, and William J. Cook. (BRC).

A seventh case was filed November 19, 2014, Docket No. 14-5388, and is currently active.

Attorney Robert W. Bauer of Gainesville represented me in 2007 and 2008, and in two appealsbelow. Mr. Bauer was a referral from The Florida Bar Lawyer Referral Service.

2D06-3803 Gillespie v. BRC, discovery sanction appeal, Gillespie appeared pro se2D07-4530 BRC v. Gillespie, voluntary dismissal, Robert W. Bauer for Gillespie2D08-2224 Gillespie v. BRC, F.S. 57.105 sanctions, Robert W. Bauer for Gillespie2D10-5197 Gillespie v. BRC, final summary judgment, Gillespie appeared pro se2D10-5529 Gillespie v. BRC, prohibition Judge Cook, Gillespie appeared pro se2D11-2127 Gillespie v. BRC, prohibition Judge Arnold, venue, habeas corpus; pro se

Counts 1 through 5 against the Second District Court of AppealEvidence provided or available in support of counts 1 - 5 against the 2dDCA

Set out as an Appendix see attached

Amended Application for Order-2D10-5197-Jun-12-2014-corrected (14p)Exh 8, 2013, 12-10-13, Order DENIED appeal to SCOTUS2014, 06-12-14, APPENDIX 2DCA Public Records 18pExh 10, 2013, 10-07-13 form letter response Clerk BirkholdExh 11, 2014, 06-12-14, docket 2D08-2224 case destroyed

Addendum-Amended Application for Order-2D10-5197-Jun-17-2014-corrected (17p)Separate Appendix, 2013, 10-01-13, letter NJG to Chief Judge Davis-53p

Emergency Petition Writ of Prohibition; Motion Change Venue, 2D11-2127, May 2, 2011

Remove CIRCUIT COURT JUDGE JAMES D. ARNOLD as trial court judgeRemove the THIRTEENTH JUDICAL CIRCUIT, FLORIDA, as venue andjurisdiction in Lower Court Case No. 05-CA-007205Motion for a Change of Venue (to another District Court of Appeal)

Acknowledgment of New Case, FEE WAIVED, May 3, 2011Order, DENIED petition for writ of habeas corpus, May 4, 2011AMENDED Order, DENIED petition for writ of prohibition, May 6, 2011


9/50


Count 1 - Second District Court of Appeal

1. The case file in docket no. 2D08-2224 appears wrongly destroyed April 10, 2014;

The wrongful destruction of the case file in docket no. 2D08-2224 is significant because Robert

W. Bauer (Bar ID 11058) represented me and filed, inter alia, a brief on my behalf, beforemoving to withdrawal from the case. The 2dDCA denied Mr. Bauers motion to withdrawal, buthe stopped working on the case anyway. Other motions I filed relative to Mr. Bauersnonperformance, which as essentially contempt of court, were denied.

Clerk of Court James Birkhold provided me a form letter dated October 7, 2013 thatappears at Exhibit 10. This message appears at the bottom of the form letter,

Judge Davis has turned over your lengthy submission to me for a response. 2008-2224we do not show has been destroyed, although the time has expired to retain the file and itis 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 wewill check and get back to you on this. The other concerns you express in yoursubmission do not seem to be matters that would invite appropriate comment from thecourt. - signed James 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

Separate Appendix, 2013, 10-01-13, letter NJG to Chief Judge Davis-53p

My 8 page letter with 45 pages of attachments to the Chief Judge shows on page 1,

Please advise if any other appellate case shown in the motion has not been destroyed or isotherwise available. Contrary to his belief, Clerk Birkhold has not answered thisquestion. The September 20, 2013 order does not address the status of records that mayhave been destroyed. My misplaced motion shows:

2D11-2127 - attached docket shows case destroyed 07/05/132D10-5529 - attached docket shows case destroyed 05/17/132D10-5197 - attached docket shows case is available2D08-2224 - attached docket shows returned records 01/13/102D07-4530 - attached docket shows case destroyed 01/31/20112D06-3803 - attached docket shows case destroyed 01/06/2009

Case 2D08-2224 does not show "destroyed", it only shows returned records 01/13/10. Isthat case file, or any other case file available? Clerk Birkhold was understandably busyand not able to respond due to mandatory efiling, so I am bringing this matter to your attention.


10/50



2. 13 anonymous decisions entered in case 2D10-5197; none carry the name orsignature of a judge of the 2dDCA; only the name of Clerk appears;

Section 35.15 requires ... All decisions and opinions delivered by the district courts of appeal orany judge thereof in relation to any action or proceeding pending in said court shall be filed andremain in the office of the clerk...

F.S. 35.15 Decisions to be filed; copies to be furnished.All decisions and opinionsdelivered by the district courts of appeal or any judge thereof in relation to any action orproceeding pending in said court shall be filed and remain in the office of the clerk, andshall not be taken therefrom except by order of the court; but said clerk shall at all timesbe required to furnish to any person who may desire the same certified copies of suchopinions and decisions, upon receiving his or her fees therefor.

The 2dDCA, in filing 13 anonymous decisions in case 2D10-5197, does not comply section35.15 because decisions delivered by the Court must carry the name of a judge.

The paragraphs below appear in my Amended Application for Order, 26, 27, 28, 29, 33:

26. The Clerk required, and I paid, $14 for public records (Appendix) identifyingjudges 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 freeby email (Exhibit 16),

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.

Decisions showing less than three judges may violate Rule 2.210(a)(1) Exercise of Powers andJurisdiction, Three judges shall constitute a panel for and shall consider each case...

RULE 2.210. DISTRICT COURTS OF APPEAL(a) Internal Government.(1) Exercise of Powers and Jurisdiction. Three judges shall constitute a panel for andshall consider each case, and the concurrence of a majority of the panel shall benecessary to a decision.


11/50


NOTE: Suggestion here of judicial misconduct is for context only, for showing a possible reason

why the 2dDCA failed to comply with section 35.15 by filing anonymous decisions and/oropinions, which ordinarily carry the name of a judge(s).

I understand that complaints against a judge showing the existence of judicial misconduct and

disability as defined by the Constitution and the laws of the State of Florida are filed with theJudicial Qualifications Commission. This is not a judicial complaint.

27. The appeals process is oversight for correcting bad orders. But a review of theinformation provided by the Clerk shows two judges who should have recused: JudgeMarva Crenshaw and Judge Anthony Black. Neither judge put their name on Orders in2D10-5197.

28. Judge Crenshaw entered Order Granting Stay September 9, 2008 in the lowertribunal case, Gillespie v. Barker, Rodems & Cook, 05-CA-7205. Thus it appears the Fla.Code Jud. Conduct Cannon 3E required Disqualification. (1) A judge shall disqualify

himself or herself in a proceeding in which the judges impartiality might reasonably bequestioned, including but not limited to instances where: (b) the judge...was the lowercourt judge in the matter in controversy, [the judge participated as a lower court judge ina decision to be reviewed by the judge;]

29. Governor Crist appointed Hillsborough Judge Marva Crenshaw to the SecondDistrict Court of Appeal in January 2009, and she began serving February 1, 2009.Governor Crist appointed Hillsborough Judge Anthony Black to the Second DistrictCourt of Appeal in 2010. Prior to appointment, Judge Crenshaw and Judge Black werecolleagues of Hillsborough Judge Martha Cook in the Thirteenth Judicial Circuit.Therefore, given the proximity of employment with Judge Cook, it appears relative to

Judge Crenshaw and Judge Black that the Fla. Code Jud. Conduct Cannon 3E requiredDisqualification. (1) A judge shall disqualify himself or herself in a proceeding in whichthe judges impartiality might reasonably be questioned...

33. Judge Marva Crenshaw and Judge Anthony Black wrongly ruled in two relatedappeals:

In appeal 2D10-5529, Civil Prohibition Petition from Hillsborough County for JudgeMartha Cook was Denied December 9, 2010. The petition for writ of prohibition isdenied as moot with respect to Judge Martha Cook and is denied in all other respects.The petitioner's motion for order of protection is denied. LaROSE, KHOUZAM, andCRENSHAW, JJ., Concur.

In appeal 2D11-2127, Verified Emergency Petition for Writ of Prohibition, Motionfor Change of Venue, Petitioner's petition for writ of habeas corpus was denied May4, 2011. LaROSE, CRENSHAW, and BLACK, JJ., Concur. Petitioner's petition forwrit of prohibition was denied May 6, 2011 (amended order), LaROSE,CRENSHAW and BLACK, JJ., Concur.


12/50



3. $14 record charge to see who entered anonymous decisions in 2D10-5197;

The $14 public record charge violates section 35.15 that requires Decisions to be filed; copies

to be furnished. without charge.

The Florida Constitution, Article V, Judiciary, Section 14. Funding. (d) The judiciary shallhave no power to fix appropriations. The 2dDCA, by filing anonymous decisions and opinionsdelivered by the Court, then charging $1.00 per page for records that show the judge(s) involved,is appropriating a new tax for itself, when in fact section 35.15 requires Decisions to be filed;copies to be furnished. without charge.


4. The 2dDCA took no judicial action on my notice of appeal December 5, 2013,

contrary to Art. V, sec. 2(a), Fla. Const. and Rule 9.040(b)(1), requiring transferof the cause to an appropriate court, the Florida Supreme Court.

The 2dDCAs failure to take judicial action, and transfer my appeal to the correct court likelyviolates Art. V, 2(a), Fla. Const., Administration; practice and procedure. (underline added)

(a) The supreme court shall adopt rules for the practice and procedure in all courtsincluding the time for seeking appellate review, the administrative supervision of allcourts, the transfer to the court having jurisdiction of any proceeding when thejurisdiction of another court has been improvidently invoked, and a requirement that nocause shall be dismissed because an improper remedy has been sought. The supreme

court shall adopt rules to allow the court and the district courts of appeal to submitquestions relating to military law to the federal Court of Appeals for the Armed Forcesfor an advisory opinion. Rules of court may be repealed by general law enacted by two-thirds vote of the membership of each house of the legislature.

Count 5 - Second District Court of Appeal5. The 2dDCA failed to take judicial action in case 2D11-2127 as required by the

Constitution and laws of Florida, including the Florida Rules of AppellateProcedure, and the Florida Rules of Judicial Administration.

Emergency Petition Writ of Prohibition; Motion Change Venue, 2D11-2127, May 2, 2011Remove CIRCUIT COURT JUDGE JAMES D. ARNOLD as trial court judgeRemove the THIRTEENTH JUDICAL CIRCUIT, FLORIDA, as venue andjurisdiction in Lower Court Case No. 05-CA-007205Motion for a Change of Venue (to another District Court of Appeal)

Acknowledgment of New Case, FEE WAIVED, May 3, 2011Order, DENIED petition for writ of habeas corpus, May 4, 2011AMENDED Order, DENIED petition for writ of prohibition, May 6, 2011


13/50


The 2dDCA failed to review my writ within its original jurisdiction under Rule 9.030(b)(3), Fla.

R.App.Pro., and Rule 2.130, Fla.R.Jud.Admin., and therefore denied my Constitutional rightsunder the Florida Constitution and the Constitution of the United States.

Florida Rules of Appellate Procedure

RULE 9.030. JURISDICTION OF COURTS(b) Jurisdiction of District Courts of Appeal.(3) Original Jurisdiction. District courts of appeal may issue writs of mandamus,prohibition, quo warranto, and common law certiorari, and all writs necessary to thecomplete exercise of the courts jurisdiction; or any judge thereof may issue writs ofhabeas corpus returnable before the court or any judge thereof, or before any circuitjudge within the territorial jurisdiction of the court.

Florida Rules of Judicial Administration

RULE 2.130. PRIORITY OF FLORIDA RULES OF APPELLATE PROCEDUREThe Florida Rules of Appellate Procedure shall control all proceedings in thesupreme court and the district courts, and all proceedings in which the circuitcourts exercise their appellate jurisdiction, notwithstanding any conflicting rules ofprocedure.

The 2dDCA Denied My Rights Protected by the Florida Constitutionand the Constitution of the United States

The Florida Constitution, Article I, Section 21, guarantees every person access to courts for

redress of any injury, where justice shall be administered without sale, denial or delay.

SECTION 21. Access to courts.The courts shall be open to every person for redress ofany injury, and justice shall be administered without sale, denial or delay.

Under section 454.18 of the Florida Statutes, any person, whether an attorney or not . . . mayconduct his or her own cause in any court of this state.

The First Amendment to the Constitution of the United States guarantees every person a right topetition the Government for a redress of grievances.

Congress shall make no law respecting an establishment of religion, or prohibiting thefree exercise thereof; or abridging the freedom of speech, or of the press; or the right ofthe people peaceably to assemble, and to petition the Government for a redress ofgrievances

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


14/50


The Florida Constitution, Article I, Section 9, guarantees every person due process.

SECTION 9. Due process.No person shall be deprived of life, liberty or propertywithout due process of law, or be twice put in jeopardy for the same offense, or becompelled in any criminal matter to be a witness against oneself.

Due Process, Legal Information Institute, article written and submitted by Peter Strauss.

The Constitution states only one command twice. The Fifth Amendment says to thefederal government that no one shall be "deprived of life, liberty or property without dueprocess of law." The Fourteenth Amendment, ratified in 1868, uses the same elevenwords, called the Due Process Clause, to describe a legal obligation of all states. Thesewords have as their central promise an assurance that all levels of American governmentmust operate within the law ("legality") and provide fair procedures... Introduction.

http://www.law.cornell.edu/wex/due_process

The Florida Constitution, Article I, Section 2, guarantees every person Basic Rights.

SECTION 2. Basic rights.All natural persons, female and male alike, are equal beforethe law and have inalienable rights, among which are the right to enjoy and defend lifeand liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess andprotect property; except that the ownership, inheritance, disposition and possession ofreal property by aliens ineligible for citizenship may be regulated or prohibited by law.No person shall be deprived of any right because of race, religion, national origin, orphysical disability.

Definition of a Kangaroo Court, The Free Dictionaryhttp://legal-dictionary.thefreedictionary.com/p/Kangaroo%20Court

[Slang of U.S. origin.] An unfair, biased, or hasty judicial proceeding that ends in a harshpunishment; an unauthorized trial conducted by individuals who have taken the law intotheir own hands, such as those put on by vigilantes or prison inmates; a proceeding andits leaders who are considered sham, corrupt, and without regard for the law.

The term is still in common usage by defendants, writers, and scholars critical of a courtor a trial. The U.S. Supreme Court has also used it. In in re gault, 387 U.S. 1, 87 S. Ct.1428, 18 L. Ed. 2d 527 (1967), a case that established that children in juvenile court havethe right to due process, the Court reasoned, "Under our Constitution, the condition ofbeing a boy does not justify a kangaroo court." Associate Justice william o. douglas oncewrote, "[W]here police take matters in their own hands, seize victims, beat and poundthem until they confess, there cannot be the slightest doubt that the police have deprivedthe victim of a right under the Constitution. It is the right of the accused to be tried by alegally constituted court, not by a kangaroo court" (Williams v. United States, 341 U.S.97, 71 S. Ct. 576, 95 L. Ed. 774 [1951]).


15/50


Definition of Star Chamber Proceedings, The Free Dictionary

http://legal-dictionary.thefreedictionary.com/p/star%20chamber%20proceedings

star chamber proceedings n. any judicial or quasi-judicial action, trial, or hearing whichso grossly violates standards of "due process" that a party appearing in the proceedings

(hearing or trial) is denied a fair hearing. The term comes from a large room with aceiling decorated with stars in which secret hearings of the privy council and judges metto determine punishment for disobedience of the proclamations of King Henry VIII ofGreat Britain (1509-1547). The high-handed, unfair, predetermined judgments, whichsent the accused to The Tower of London or to the chopping block, made "star chamber"synonymous with unfairness and illegality from the bench. In modern American historythe best example of star chamber proceedings was the conduct of the House UnAmericanActivities Committee (1938-1975) which used its subpena power to intimidate citizensby asking them unconstitutional questions about their political beliefs and associations,and then charging them with contempt of Congress for refusing to answer. Anotherexample was the conduct of criminal proceedings against black defendants in some

southern states from 1876 until the late 1960s. (See: kangaroo court)

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie8092 SW 115th Loop

Ocala, Florida 34481

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

Enclosures


16/50

Appendix -December 4, 2014

Office of Inspector General, State Courts SystemComplaint Against Florida Second District Court of Appeal (2dDCA)

Appendix 1 Amended Application for Order-2D10-5197-Jun-12-2014-corrected (14p)

Appendix 2 Exh 8, 2013, 12-10-13, Order DENIED appeal to SCOTUS

Appendix 3 2014, 06-12-14, APPENDIX 2DCA Public Records 18p

Appendix 4 Exh 10, 2013, 10-07-13 form letter response Clerk Birkhold

Appendix 5 Exh 11, 2014, 06-12-14, docket 2D08-2224 case destroyed

Appendix 6 Addendum-Amended Application for Order-2D10-5197-Jun-17-2014-corrected (17p)

Appendix 7 Separate Appendix, 2013, 10-01-13, letter NJG to Chief Judge Davis-53p

Appendix 8 Florida Statutes, section 35.15 Decisions to be filed; copies to be furnished

Appendix 9 2011, 05-02-11, Petition, Writ of Prohibition; Motion Change Venue, 2D11-2127

Appendix 10 Acknowledgment of New Case, FEE WAIVED, May 3, 2011

Appendix 11 Order, DENIED petition for writ of habeas corpus, May 4, 2011

Appendix 12 AMENDED Order, DENIED petition for writ of prohibition, May 6, 2011

Appendix 13 Kangaroo Court, term used by SCOTUS

Appendix 14 Star Chamber Proceedings, definition


17/503


18/50


19/50


20/50


21/50


22/504


23/50


24/50


25/50

501 EAST KENNEDY BOULEVARD, STE. 790

TAMPA, FL 33602

Current Principal Place of Business:

Current Mailing Address:

501 EAST KENNEDY BOULEVARD, STE. 790TAMPA, FL 33602 US

Entity Name:BARKER & COOK, P.A.

DOCUMENT# P00000075354

FEI Number: 59-3672653 Certificate of Status Desired:

Name and Address of Current Registered Agent:

BARKER, CHRIS A501 EAST KENNEDY BOULEVARDSUITE 790TAMPA, FL 33602 US

The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.

SIGNATURE:

Electronic Signature of Registered Agent Date

Officer/Director Detail :

Ihereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made underoath; that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 607, Florida Statutes; and that my name appears

above, or on an attachment with all other like empowered.

SIGNATURE:

Electronic Signature of Signing Officer/Director Detail Date

FILEDFeb 27, 2014

Secretary of StateCC0068014243

WILLIAM J. COOK STV 02/27/2014

2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT

No

Title P

Name BARKER, CHRIS A

Address 501 EAST KENNEDY BOULEVARD,SUITE 790

City-State-Zip: TAMPA FL 33602

Title STV

Name COOK, WILLIAM J

Address 501 EAST KENNEDY BOULEVARD,SUITE 790

City-State-Zip: TAMPA FL 33602

5


26/50

Ethics Rules LOMAS Professionalism Log In Follow Us

THE FLORIDA BAR / Find A Lawyer / MemberProfile Search The Florida Bar

Eligible to Practice Law in Florida

Bar Number:

Addres s:

Phone:

Fax:

Email:

vCard:

County:

Circuit:

Admit ted:

10-Year Disc ipline

History:

Law School:

Graduation Year:

Degree:

Firm:

Firm Size:

Position:

Website:

Ryan Christopher Rodems

Member in Good Standing

947652

Morgan & Morgan, P.A.

20 N Orange Ave

Orlando, FL 32801-2414

United States

407-236-5995

407-245-3486

[email protected]

Orange

9

09/23/1992

None

Board Certifications: Area Year

Civil Trial 2007

The Florida State University College of Law

1992

Doctor of Jurisprudence/Juris Doctor


Over 100

Associate

www.forthepeople.com

Federal Courts: U.S. Supreme Court

U.S. Court of Appeals for the Eleventh Circuit

U.S. District Court, Middle District of Florida

U.S. District Court, Southern District of Florida

The Find a Lawyer directory is provided as a public serv ice. The Florida Bar maintains limited basic information about attorneys licensed to practice in the state (e.g., name, address, year of

birth, gender, law schools attended, admission year). However, through this directory The Florida Bar allows individual attorneys the opportunity to pr ovide for public information certain

expanded personal and professional data. It is the attorney's responsibility to routinely review and update th ose expanded listings. The information contained in those expanded listings is

presented by the Bar "as is" with no warranty of any kind, express or implied. The Florida Bar, its Board of Gover nors, employees, and agents thereof are not responsible for the accuracy of

that additional data. Publication of attorneys' contact information within this listing should not be constr ued as their consent to receive unsolicited communications in any form. Certain

unauthorized uses of this data may result in civil or criminal penalties. The Find a Lawyer directory is not a lawyer referral service.

ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A LAWYER

ps://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/a1/jc_LDoIwEAXQT-pthRaWo6mkRazxgdCNYUWaKLowfr_42L

6


27/50

About the Bar

President's Page

Board of Governors

Committees

Sections & Divisions

What We Do

Frequently Asked Questions

History

Past Presidents

Strategic Plan & Research

Working at the Bar

Contact Us

Diversity

Leadership Academy

News, Events &

Publications

Daily News Summary

The Florida Bar News

The Florida Bar Journal

News Releases

Calendars

Meetings

Media Res ources

Reporter's Handbook

Issue Papers

Publications

For the Public

Attorney Discipline

Consumer Information

Speakers Bureau

Lawyer Referral Service

The Vote's in Your Court

Fair & Impartial Courts

Clients' Security Fund

Prepaid Legal Services

Pro Bono/Legal Aid

Unlicensed Practice of Law

Member Services

Continuing Legal Education

Board Certification

Benefits and Discounts

Employment Opportunities

Lawyers Helping Lawyers

Lawyers Advising Lawyers

Florida Lawyers Assistance

E-filing Resources

Florida Registered Paralegal

Pro Bono Information

Legislative Activity

Lawyer Referral

Directories

Search for a Lawyer

Browse Lawyers by Location

Browse Lawyers by Certification

Browse Lawyers by Section

Browse Lawyers by Committee

Authorized House Counsel

Certified Foreign Legal

Consultant

Florida Registered Paralegals

Law Faculty Affiliate Members

Courts & Judges

Florida Bar Staff

Legal Groups & Law Schools

Judicial Nominating

Commissions

Research &

Professionalism

Ethics Opinions

Rules Regulating the Bar

Fastcase Legal Research

LOMAS - Law O ffice

Management Assistance Service

Henry Latimer Center for

Professionalism

ps://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/a1/jc_LDoIwEAXQT-pthRaWo6mkRazxgdCNYUWaKLowfr_42L


28/50

VIA UPS No. 1Z64589FP293914887 November 17, 2014

Chief Judge Manuel Menendez, Jr.

Thirteenth Judicial Circuit Of Florida

800 E. Twiggs Street

Tampa, Florida 33602-3500

RE:Access to public records and meetings, Article I, Section 24, Florida Constitution.

Neil J. Gillespie v. Thirteenth Judicial Circuit, Florida et al., Case 5:10-cv-00503-WTH-

TBS, U.S. District Court, Middle District of FL, Ocala.

Chief Judge Manuel Menendez, Jr.:

The enclosed response by David Rowland October 23, 2014 on your behalf is not correct.

Provide the requested records immediately. Mr. Rowland wrote:

We have no records in response to your request.

There was no settlement of the above-referenced federal lawsuit. Rather, your lawsuit

was dismissed by Senior Judge William Terrell Hodges for several reasons. I am

enclosing a copy of the dismissal order.

The Order of Dismissal (Doc. 64) that Mr. Rowland provided with his response belies his

contention that There was no settlement of the above-referenced federal lawsuit.

Judge Hodges found there was a settlement, a copy is attached hereto, and found on PACER:

Case 5:10-cv-00503-WTH-DAB Document 32 Filed 06/21/11 Page 3 of 4 PageID 602

Case 5:10-cv-00503-WTH-DAB Document 32 Filed 06/21/11 Page 4 of 4 PageID 603and titled the Settlement Agreement and General Mutual Release dated June 21, 2011.

Judge Hodges, in his Order of Dismissal (Doc. 64), relied upon the settlement agreement,

general mutual release, and assignment of claims, on page 2, at footnote 2:

[fn2] The Court is aware that the Plaintiff has challenged the validity of the settlement

agreement and assignment of claims on the grounds that it was procured by fraud,

executed under duress, and without informed consent (Docs. 33, 39, 61, 63). However,

the core of the settlement agreement containing the assignment involved the resolution of

various matters pending in state court, and the settlement agreement itself appears to have

been executed as part of a state court proceeding. (Doc. 32, 40). As such, the state courtis the appropriate judicial body with the jurisdiction to resolve any disputes over the

validity and/or enforceability of the settlement agreement and assignment. This Court

will not (absent subject-matter jurisdiction) entertain any disputes within the purview of

the settlement agreement unless and until the state court enters a judgment declaring the

settlement agreement and assignment invalid. Cf. Heck v. Humphrey, 512 U.S. 477, 114

S.Ct. 2364 (1994).


29/50

Chief Judge Manuel Menendez, Jr. November 17, 2014

Thirteenth Judicial Circuit Of Florida Page - 2

The core of the settlement agreement is bribery of state court judges, inter alia, deprivation of

rights, the subject matter of my civil action for deprivation of rights, 42 U.S.C. 1983, seethe

enclosed case docket, Cause: 42:1983 Civil Rights Act, and pages 1-2 of the Complaint (Doc.1)

Tellingly Judge Hodges Order of Dismissal (Doc. 64) does not mention 42 U.S.C. 1983.

Judge Hodges Order of Dismissal (Doc. 64) only mentions the Americans with Disabilities Act

and violation of constitutional rights. From the Order of Dismissal (Doc. 64), paragraph 1:

The Plaintiff, proceedingpro se, has filed a Complaint against eleven (11) Defendants

which, by its title, purports to state a claim under the Americans With Disabilities Act, 42

U.S.C. 12131, et seq., as well as various violations of his constitutional rights.[fn1]

(Doc. 1). The Complaint is due to be dismissed for several reasons. (footnote omitted)

Judge Hodges reasons for dismissal noted by Mr. Rowland were previously refuted in Response

to Order to Show Cause (Doc. 58); the parties were served under Rule 4(d) waiver, etc. The

Complaint pled under 42 U.S.C. 1983, which Judge Hodges refused to acknowledge in OrderDismissing Case (Doc. 64). Section 1983 and the ADA allege federal subject matter jurisdiction.

Judge Hodges failed to follow Rule 8(e) Pleadings must be construed so as to do justice.

Lastly Hodges relied upon the attached Settlement Agreement and General Mutual Release

dated June 21, 2011, noting Rodems moved for voluntary dismissal with prejudice under Fed.

R. Civ. P.41(a)(2). (See Doc. 32). Tellingly Judge Hodges did not grant Rodems motion.

Under 42 U.S.C. 1983 Judge Hodges had a duty and authority duty to make aNon-Criminal

Justice Act Counsel Appointment.The U.S. Eleventh Circuit adopted provisions for furnishing

representation for persons financially unable to obtain adequate representation in cases and

situations which do not fall within the scope of 18 U.S.C. 3006A, as amended -- but in which

the court believes that the interests of justice will be served by the presence of counsel. See

Addendum Five, U.S. Eleventh Circuit, Rev.: 8/07, found online,

http://www.ca11.uscourts.gov/attorney-info/criminal-justice-act

http://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/RulesAddendum05AUG07.pdf

Provide immediately records showing authority to bind the Thirteenth Judicial Circuit, Florida,

et al, in contract in the Settlement Agreement And General Mutual Release that purportedly

assigned my claims to Defendants Ryan Christopher Rodems, Chris A. Barker, and William J.Cook, or anyone else, or any other entity, and is attached to this records request, and was entered

into my section 1983 Civil Rights and ADA Disability federal lawsuit by Rodems at Doc. 32.

The state of Florida defendants include:

Thirteenth Judicial Circuit, Florida

Gonzalo B. Casares, ADA Coordinator, and individually

David A. Rowland, Court Counsel, and individually

Judge Claudia Rickert Isom, Circuit Court Judge, and individually

Judge James M. Barton, II, Circuit Court Judge, and individually

Judge Martha J. Cook, Circuit Court Judge, and individually


30/50

Chief Judge Manuel Menendez, Jr. November 17, 2014

Thirteenth Judicial Circuit Of Florida Page - 3

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

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

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

(d) A chief judge in each circuit shall be chosen from among the circuit judges asprovided by supreme court rule. The chief judge shall be responsible for the

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

Under Section 43.26, Florida Statutes, the Chief Judge shall exercise administrative supervision:

F.S. 43.26 Chief judge of circuit; selection; powers. (the complete section is attached)

(1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exercise

administrative supervision over all the trial courts within the judicial circuit and over the

judges and other officers of such courts.

Under Article II, Section 5(b), Fla. Const., Chief Judge Manuel Menendez, Jr. swore an Oath ofOffice in the State of Florida on August 26, 2008:

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

I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution

and Government of the United States and of the State of Florida; that I am duly qualified

to hold office under the Constitution of the State, and that I will well and faithfully

perform the duties of Circuit Court Judge, Thirteenth Judicial Circuit, Group Nineteen,

on which I am now about to enter, so help me God.

A copy of your Oath of Office executed August 26, 2008 is attached.

Thank you in advance for the courtesy of a response.

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop

Ocala, Florida

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

Enclosures


31/50


32/50

Proof of Delivery

Tracking Number: 1Z64589FP293914887

Service: UPS Ground

Weight: 1.00 lb

Shipped/Billed On: 11/17/2014

Delivered On: 11/18/2014 11:35 A.M.

Delivered To: 800 E TWIGGS ST602

TAMPA, FL, US 33602

Signed By: DAVIS

Left At: Mail Room

Print This Page

Close Window

Dear Customer,

This notice serves as proof of delivery for the shipment listed below.

Thank you for giving us this opportunity to serve you.

Sincerely,

UPS

Tracking results provided by UPS: 11/18/2014 12:34 P.M. ET

Close Window

https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FP293914887&refNumbers=&lo


33/50

ADMINISTRATIVEOFFICE OF

THE

COURTS

THIRTEENTHJUDICIALCIRCUIT

O

FLORIDA

LEGALDEPARTMENT

DAVIDA.ROWLAND

GENERALCOUNSEL

October23,2014

Neil

J

Gillespie

8092SW

11S

th

Loop

Ocala,Florida34481

Re: Neil J Gillespie v Thirteenth Judicial Circuit Florida

et

al.

CaseNo.:S:10-cv-00S03-WTH-TBS,U.S.DistrictCourt,

MiddleDistrict

of

Florida(Ocala)

Mr.Gillespie:

ThisletterisinresponsetoyourOctober20,2014publicrecordsrequestsent

toChiefJudgeManuelMenendez,Jr.Yourequested"recordsshowingtheauthority

reliedupontobindtheThirteenthJudicialCircuit,Floridaincontractinthesettlement

of a federallawsuit .. ."You also requested "records showing the authority relied upon

tobind[S]tateofFlorida,HillsboroughCounty,defendantsincontractinthe

settlementof afederallawsuit

...

"Thestatedefendantsyoumentionarethree

ThirteenthJudicialCircuitCourtjudgesandtwocourtemployees.Thefederallawsuit

towhichyoureferisnotedabove.

Wehavenorecordsinresponsetoyourrequest.

Therewasnosettlementof theabove-referencedfederallawsuit.Rather,your

lawsuitwasdismissedby

SeniorJudgeWilliamTerrellHodgesforseveralreasons.I

amenclosingacopyof thedismissalorder.

Enclosure

cc: TheHonorableManuelMenendez,Jr.,ChiefJudge

800E TwIGGS STREET SUITE603 TAMPA,FLORIDA33602 PHONE

813)

272-6843 WEB:WWW.FUUDI3.0RG


34/50

Case 5:10-cv-00503-WTH-TBS Document 64 Filed 02127 12 Page 1 of 2 PagelD 1796

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA

OCALA DIVISION

NEIL

J.

GILLESPIE,

Plaintiff,

-vs-

Case No. 5:10-cv-503-0c-10TBS

THIRTEENTH JUDICIAL CIRCUIT,

FLORIDA, et

aI.,

Defendants.

ORDER OF DISMISSAL

The Plaintiff, proceeding pro se has filed a Complaint against eleven (11)

Defendants which, by its title, purports to state a claim under the Americans With

Disabilities Act, 42 U.S.C. 12131, et seq. as well as various violations of his

constitutional rights.

(Doc. 1). The Complaint is due to be dismissed for several reasons.

First, the Plaintiff has never effected service

of

summons on any of the Defendants,

or complied with any of the requirements of Fed. R. Civ. P.

4.

Second, the Complaint

consists

of

39 pages of rambling, largely incomprehensible allegations and fails to set forth

"a short and plain statement

of

the claim showing that the pleader is entitled to relief," as

required by Fed.

R.

Civ.

P.

8(a)(2). Third, the Complaint fails to allege the basis for the

Court's subject-matter jurisdiction as required by Fed. R. Civ. P. 8(a)(1) - the parties are

clearly all citizens

of

Florida and therefore not diverse, and the Plaintiff has not alleged any

1The Plaintiff voluntarily dismissed all claims against two (2) of the Defendants, Barker

Rodems & Cook, P.A., and Ryan Christopher Rodems, on October 29 2010 (Docs. 22, 25-26).


35/50

Case 5:10-cv-00503-WTH-TBS Document 64 Filed 02/27/12 Page 2 of 2 PagelD 1797

intelligible facts thatwould support a finding o the existenceoffederal question jurisdiction.

See 28 U.S.C. 1331-1332. And fourth, it appears that the Plaintiff has assigned all o

his claims in this case to Defendants Ryan Christopher Rodems, Chris A. Barker, and

William

J

Cook, who have moved for voluntary dismissal with prejudice under Fed.

R.

Civ.

P.41(a)(2). (See Doc. 32 .2

Accordingly, upon due consideration, it is hereby ORDERED that the Plaintiff's

Complaint (Doc. 1) is DISMISSED. The Clerk is directed to enter judgment accordingly,

terminate all pending motions, and close the file.

IT

IS

SO ORDERED.

DONE and ORDERED at Ocala, Florida this 27th day o February, 2012.

UNITED

STATES DISTRICT JUDGE

Copies to: Counsel o Record

Neil J Gillespie,

pr

sa

2The Court is aware that the Plaintiff has challenged the validity

o

the settlement

agreement and assignment o claims on the grounds that it was procured by fraud, executed

under duress, and without informed consent (Docs. 33, 39, 61, 63). However, the core o the

settlement agreement containing the assignment involved the resolution

o

various matters

pending

in

state court, and the settlementagreement itselfappears to have been executed as part

o

a state court proceeding. (Doc. 32, 40). As such, the state court is the appropriate judicial

body with the jurisdiction to resolve any disputes over the validity and/or enforceability o the

settlement agreement and assignment. This Court will not (absent subject-matter jurisdiction)

entertain any disputes within the purview

o

the settlement agreement unless and until the state

court enters a judgment declaring the settlement agreement and assignment invalid. Cf. Heck

v.

Humphrey, 512 U.S. 477, 114 S.Ct. 2364 (1994).

2


36/50

1'1 : j t $ t

t

II

' nms

I

)

ADMINISTRATIVE OFFICE OF THE COURTS

IPS - - - _ S5 / i\ d

13

th

Hasler

JUDICIAL

CIRCUIT

..

"

A

LEG L DEP RTMENT

J V / L . ; / L V J t

800

E.

TWIGGS STREET, SUITE 603

m:=Jil'l:'iL ijSi

$00.48

TAMPA, Florida

33602

i i . : ~ ~ - = a : ~ ~ . .

L-

-.: i7Ii - L; ZiP

33602

~ - r k : : I r : ; z ~

01101

i

644968

Neil

J.

Gillespie

8092 SW

11S

th

Loop


::14:: 8 i

::E:356 7 R::=E: -;:

1

11 J III

J

j;

l'

111

j I JIll

i

i i Jh;, i, i J

i iiiI

J ; J

I j

Ii.

JIi


37/50



38/50



39/50

CLOSED

U.S. District Court

Middle District of Florida (Ocala)

CIVIL DOCKET FOR CASE #: 5:10-cv-00503-WTH-TBS

Gillespie v. Thirteenth Judicial Circuit, Florida et alAssigned to: Senior Judge Wm. Terrell HodgesReferred to: Magistrate Judge Thomas B. Smith

Case in other court: 11th Circuit, 12-11213-C

Cause: 42:1983 Civil Rights Act

Date Filed: 09/28/2010Date Terminated: 02/28/2012Jury Demand: PlaintiffNature of Suit: 446 Civil Rights: Americanswith Disabilities - OtherJurisdiction: Federal Question

Plaintiff

Neil J. Gillespie represented by Neil J. Gillespie8092 SW 115th LoopOcala, FL 34481

352/854-7807PRO SE

V.

Defendant

Thirteenth Judicial Circuit, Florida

Defendant

Gonzalo B. Casares

ADA Coordinator, and individually

Defendant

David A. RowlandCourt Counsel, and individually

Defendant

Judge Claudia Rickert IsomCircuit Court Judge, and individually

Defendant

Judge James M. Barton, IICircuit Court Judge, and individually

Defendant

Judge Martha J. CookCircuit Court Judge, and individually

Defendant


40/50

Barker, Rodems & Cook, P.A.TERMINATED: 11/23/2010

represented by Ryan Christopher RodemsBarker, Rodems & Cook, PASuite 790

501 E Kennedy BlvdTampa, FL 33602813/489-1001Fax: 813/489-1008Email: [email protected] ATTORNEY

ATTORNEY TO BE NOTICED

Defendant

Ryan Christopher RodemsTERMINATED: 11/23/2010

represented by Ryan Christopher Rodems(See above for address)LEAD ATTORNEY


Defendant

The Law Office of Robert W. Bauer, P.A. represented by Catherine Barbara ChapmanGuilday, Tucker, Schwartz & Simpson, PA1983 Centre Pointe Boulevard, Suite 200

Tallahassee, FL 32308850/224-7091Fax: 850/222-2593Email: [email protected] ATTORNEY


Defendant

Robert W. Bauer represented by Catherine Barbara Chapman(See above for address)LEAD ATTORNEY


Defendant

Chris A. Barker

Date Filed # Docket Text

09/28/2010 1 COMPLAINT against Barker, Rodems & Cook, P.A., James M. Barton, II, Robert W.Bauer, Gonzalo B. Casares, Martha J. Cook, Claudia Rickert Isom, Ryan ChristopherRodems, David A. Rowland, The Law Office of Robert W. Bauer, P.A., ThirteenthJudicial Circuit, Florida with Jury Demand (Filing fee $ 350 receipt number C-8835)filed by Neil J. Gillespie.(MJT) (Entered: 09/29/2010)

09/28/2010 2 Exhibits 1 through 15 and ADA Assessment & Report re 1Complaint by Neil J.

Gillespie (filed separately). (MJT) (Entered: 09/29/2010)

09/29/2010 3 MOTION to dismiss Complaint by Barker, Rodems & Cook, P.A., Ryan Christopher

Rodems. (Rodems, Ryan) (Entered: 09/29/2010)


41/50

09/30/2010 4 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on9/30/2010. (Attachments: # 1consent forms)(MAM) (Entered: 09/30/2010)

10/01/2010 5 EmergencyMOTION for protective order and Order of Removalby Neil J. Gillespie.(MJT) Motions referred to Magistrate Judge David A. Baker. (Additional attachment(s)added on 10/1/2010: # 1Exhibit Exhibits A through J) (MJT). (Entered: 10/01/2010)

10/01/2010 6 MOTION for miscellaneous relief, specifically to f ile electronicallyby Neil J. Gillespie.

(MJT) (Entered: 10/01/2010)10/04/2010 7 MOTION to amend/correct 1Complaint by Neil J. Gillespie. (LMF) (Entered:

10/04/2010)

10/04/2010 8 MOTION to disqualify counsel Ryan Christopher Rodems and Baker, Rodems & Cook,PA by Neil J. Gillespie. (LMF) (Entered: 10/04/2010)

10/05/2010 9 NOTICE of change of address titled "Motion to correct mailing address" by Neil J.

Gillespie. (LMF) (Entered: 10/05/2010)

10/06/2010 10 MEMORANDUM (response) in opposition re 5Motion for protective order filed by

Barker, Rodems & Cook, P.A., Ryan Christopher Rodems. (Attachments: # 1Exhibit

State Court Action Complaint, # 2Exhibit Order Granting Judgment on Pleadings,11/28/2007, # 3Exhibit Order Granting Judgment on Pleadings, 7/7/2008, # 4ExhibitFinal Summary Judgment, 9/28/2010, # 5Exhibit Order Granting Motion to Compel,7/24/2006, # 6Exhibit Order Granting Fla. Stat. s. 57.105 sanctions, 7/20/2007, # 7Exhibit Final Judgment, 3/27/2008, # 8Exhibit Order, Second DCA, affirming Final

Judgment, # 9Exhibit Order Adjudging Gillespie in Contempt, 7/7/2008, # 10ExhibitOrder Adjudging Gillespie in Contempt, 9/30/2010)(Rodems, Ryan) (Entered:10/06/2010)

10/06/2010 11 MEMORANDUM (response) in opposition re 7Motion to amend/correct filed byBarker, Rodems & Cook, P.A., Ryan Christopher Rodems. (Rodems, Ryan) (Entered:

10/06/2010)

10/07/2010 12 MEMORANDUM (response) in opposition re 8Motion to disqualify filed by Barker,Rodems & Cook, P.A., Ryan Christopher Rodems. (Attachments: # 1Exhibit OrderDenying Plaintiffs Emergency Motion to Disqualify Defendants Counsel RyanChristopher Rodems & Barker, Rodems & Cook, P.A.)(Rodems, Ryan) (Entered:10/07/2010)

10/08/2010 13 ORDER granting 7motion to amend complaint. Plaintiff shall file the amendedcomplaint within 7 days of this order. Signed by Magistrate Judge David A. Baker on

10/8/2010. (LMF) (Entered: 10/08/2010)

10/12/2010 14 MOTION for extension of time to file amended complaint by Neil J. Gillespie. (LMF)(Entered: 10/12/2010)

10/13/2010 15 NOTICE of correct phone number titled "Motion to correct phone number" by Neil J.Gillespie. (MJT) (Entered: 10/13/2010)

10/14/2010 16 ORDER granting 14Motion for extension of time to file amended complaint. Amendedcomplaint shall be filed on or before 10/25/10. Signed by Magistrate Judge David A.Baker on 10/14/2010. (LMF) (Entered: 10/14/2010)

10/14/2010 17 ORDER denying 6Motion to file electronically. Signed by Magistrate Judge David A.Baker on 10/14/2010. (LMF) (Entered: 10/14/2010)


42/50

10/22/2010 18 ORDER denying 5Emergency Motion for protection and Order of Removal. Signed byMagistrate Judge David A. Baker on 10/21/10. (LMF) (Entered: 10/22/2010)

10/22/2010 19 Second MOTION for extension of time to file amended complaint by Neil J. Gillespie.(LMF) (Entered: 10/22/2010)

10/25/2010 20 ORDER denying 8Motion to disqualify counsel, Ryan Christopher Rodems and Barker,Rodems & Cook, P.A. Signed by Magistrate Judge David A. Baker on 10/22/10. (LMF)

(Entered: 10/25/2010)10/26/2010 21 ORDER granting 19Motion for extension of time to file an amended complaint on or

before 10/29/10. Signed by Magistrate Judge David A. Baker on 10/25/10. (LMF)

(Entered: 10/26/2010)

10/29/2010 22 NOTICE of voluntary dismissal as to Defendant's Rodems & BRC in lieu of amended

complaint by Neil J. Gillespie. (LMF) (Entered: 11/01/2010)

10/29/2010 23 NOTICE of filing affidavits of Extraordinary Circumstances by Neil J. Gillespie. (LMF)(Entered: 11/01/2010)

11/01/2010 24 SUPPLEMENTAL filing in support of 22Notice of voluntary dismissal as to

Defendant's Rodems & BRC in lieu of complaint by Neil J. Gillespie. (Attachments: # 1Exhibits to Supplement)(LMF) (Entered: 11/01/2010)

11/23/2010 25 ORDER dismissing all claims against Defendants Ryan Christopher Rodems and Barker,Rodems & Cook, P.A. re 22Notice of voluntary dismissal filed by Neil J. Gillespie.Signed by Senior Judge Wm. Terrell Hodges on 11/22/2010. (LRH) (Entered:

11/23/2010)

11/23/2010 26 JUDGMENT entered. Civil appeals checklist attached. (Signed by Deputy Clerk)(LMF) (Entered: 11/23/2010)

04/08/2011 27 MOTION to dismiss Complaint or alternatively, Motion to Strike and Motion for More

Definite Statementby Robert W. Bauer, The Law Office of Robert W. Bauer, P.A..(Chapman, Catherine) (Entered: 04/08/2011)

04/18/2011 28 NOTICE of Unavailability by Neil J. Gillespie. (LMF) (Entered: 04/19/2011)

04/18/2011 29 MOTION for extension of time to file response/reply titled "Motion to stay, or toenlarge time to respond" as to 27MOTION to dismiss Complaint or alternatively,Motion to Strike and Motion for More Definite Statementby Neil J. Gillespie. (LMF)

Motions referred to Magistrate Judge David A. Baker. (Entered: 04/19/2011)

05/09/2011 30 ORDER granting in part 29Motion for extension of time to file response/reply to 27

MOTION to dismiss Complaint or alternatively, Motion to Strike and Motion for More

Definite Statement. Response due by 5/27/2011. Signed by Magistrate Judge David A.Baker on 5/9/2011. (MJT) (Entered: 05/09/2011)

06/01/2011 31 RESPONSE/Reply re 30Order on motion for extension of time to file response/replyfiled by Neil J. Gillespie. (LMF) (Entered: 06/01/2011)

06/21/2011 32 MOTION to dismiss Actionpursuant to Fed.R.Civ.P. 41(a)(2)by William J Cook, ChrisA. Barker, Ryan Christopher Rodems. (Rodems, Ryan) (Entered: 06/21/2011)

06/30/2011 33 MOTION to strike or set aside Mr. Rodem's Notice of Assignment of Claims and 32MOTION to dismiss Actionpursuant to Fed.R.Civ.P. 41(a)(2)and to strike or set aside


43/50

settlement agreement and general mutual release by Neil J. Gillespie. (Attachments: # 1Appendix and Exhibits)(LMF) Motions referred to Magistrate Judge David A. Baker.(Entered: 06/30/2011)

06/30/2011 34 NOTICE regarding Attorney Eugene P. Castagliuolo, Florida Bar ID # 104360 by ChrisA. Barker (LMF) (Entered: 06/30/2011)

07/07/2011 35 NOTICE of f iling "Letter of Neil J. Gillespie to Judge James D. Arnold, May 27, 2011"

by Neil J. Gillespie. (MJT) (Entered: 07/08/2011)07/07/2011 36 NOTICE of filing "Verified Notice of Filing Disability Information of Neil J.

Gillespie"by Neil J. Gillespie. (Attachments: # 1Exhibit A - Part 1, # 2Exhibit A - Part2)(MJT) (Entered: 07/08/2011)

07/07/2011 37 NOTICE of filing "Plaintiff 's Motion for Appointment of Counsel, ADA AccomodationRequest and Memorandom of Law, May 24, 2011"by Neil J. Gillespie (Attachments: #

1Exhibit A - Part 1, # 2Exhibit A - Part 2, # 3Exhibit A - Part 3, # 4Exhibit A - Part4)(MJT) (Entered: 07/08/2011)

07/12/2011 38 NOTICE of filing Pat Frank, Clerk of Circuit Court did not comply with Order of JudgeMartha Cook by Neil J. Gillespie. (LMF) (Entered: 07/13/2011)

07/14/2011 39 SUPPLEMENT (addendum) re 33MOTION to strike or set aside Mr. Rodem's Noticeof Assignment of Claims and 32MOTION to dismiss Actionpursuant to Fed.R.Civ.P.41(a)(2) and to strike or set aside settlement agreement and general mutual release by

Neil J. Gillespie. (LMF) (Entered: 07/14/2011)

07/14/2011 40 RESPONSE in opposition re 33MOTION to strike 32MOTION to dismiss Actionpursuant to Fed.R.Civ.P. 41(a)(2)MOTION to strike 32MOTION to dismiss Actionpursuant to Fed.R.Civ.P. 41(a)(2)filed by Chris A. Barker, Ryan Christopher Rodems.

(Attachments: # 1Exhibit Settlement Conference [6-21-2011])(Rodems, Ryan)(Entered: 07/14/2011)

07/15/2011 41 NOTICE of filing transcriptsre 33MOTION to strike 32MOTION to dismiss Actionpursuant to Fed.R.Civ.P. 41(a)(2)by Neil J. Gillespie. (Three transcripts filedseparately.) (MJT) (Entered: 07/18/2011)

07/21/2011 42 MOTION for leave to file a reply to response to Motion to Strike or set aside Notice ofAssignment of Claims and Motion to Dismiss, titled "Motion for leave to submit rebuttalto response to Motion to strike" by Neil J. Gillespie. (LMF) Modified on 7/21/2011(LMF). (Entered: 07/21/2011)

07/29/2011 43 Case reassigned to Magistrate Judge Thomas B. Smith. New case number: 5:10-cv-

503-Oc-10TBS. Magistrate Judge David A. Baker no longer assigned to the case. (LMF)

Motions referred to Magistrate Judge Thomas B. Smith. (Entered: 07/29/2011)08/30/2011 44 NOTICE of Filing Rule 22 applications to United States Justice Clarence Thomas re 33

MOTION to strike 32MOTION to dismiss Actionpursuant to Fed.R.Civ.P. 41(a)(2) byNeil J. Gillespie. (Exhibits to Notice filed separately)(LMF) (Entered: 08/31/2011)

08/31/2011 45 SUPPLEMENT re 38Notice of filing Pat Frank, Clerk of Court did not comply withOrder of Judge Martha Cook by Neil J. Gillespie. (LMF) (Entered: 09/01/2011)

08/31/2011 46 NOTICE of pendency of related cases per Local Rule 1.04(d) by Neil J. Gillespie.

(LMF) (Entered: 09/01/2011)


44/50

09/09/2011 47 NOTICE of Filing Transcript of proceeding held on 6/21/11 re 33MOTION to strike orset aside Mr. Rodem's Notice of Assignment of Claims and 32MOTION to dismissAction with prejudicepursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie. (Filedseparately) (LMF) (Entered: 09/12/2011)

09/30/2011 48 SUPPLEMENT (Second)re 38Notice of filing Pat Frank, Clerk of Circuit Court didnot comply with Order of Judge Martha Cook by Neil J. Gillespie. (MJT) (Entered:

09/30/2011)

09/30/2011 49 NOTICE of filing transcript in support of33MOTION to strike 32MOTION to

dismiss Actionpursuant to Fed.R.Civ.P. 41(a)(2)by Neil J. Gillespie. (Attachments: # 1Exhibit 1 - Transcript, # 2Exhibit 2, # 3Exhibit 3)(MJT) (Entered: 09/30/2011)

10/05/2011 50 ORDER denying 42Motion for leave to file a rebuttal paper. Signed by MagistrateJudge Thomas B. Smith on 10/5/2011. (Smith, Thomas) (Entered: 10/05/2011)

10/06/2011 51 ORDER denying 33Motion to strike. Signed by Magistrate Judge Thomas B. Smith on10/6/2011. (Smith, Thomas) Corrected PDF attached.(LMF). Modified on 10/6/2011(LMF). (Entered: 10/06/2011)

10/12/2011 52 NOTICE of filing email with the Honorable Thomas B. Smith by Neil J. Gillespie.(LMF) (Entered: 10/12/2011)

10/19/2011 53 ORDER TO SHOW CAUSE for failure to file case management report as to Neil J.Gillespie. Signed by Senior Judge Wm. Terrell Hodges on 10/19/2011. Copy mailed toplaintiff. (MAM) (Entered: 10/19/2011)

10/20/2011 54 MOTION for extension of time to file a Notice of Objection by Neil J. Gillespie. (LMF)(Entered: 10/20/2011)

11/02/2011 55 MOTION for extension of time to file written response to Order to Show Cause by NeilJ. Gillespie. (LMF) (Entered: 11/02/2011)

11/03/2011 56 ORDER granting 55Motion for extension of time to file. Signed by Magistrate JudgeThomas B. Smith on 11/3/2011. (Smith, Thomas) (Entered: 11/03/2011)

11/07/2011 57 ORDER granting 54Motion for extension of time to file response to Order to ShowCause and denying motion to disqualify the Magistrate Judge. Signed by MagistrateJudge Thomas B. Smith on 11/7/2011. (Smith, Thomas) (Entered: 11/07/2011)

11/14/2011 58 RESPONSE TO ORDER TO SHOW CAUSE re 53Order to show cause by Neil J.

Gillespie. (Attachments: # 1Appendix - Part I, # 2Appendix - Part II)(LMF) (Entered:11/15/2011)

11/18/2011 59 RESPONSE re 57Order on motion for extension of time to file by Neil J. Gillespie.

(LMF) (Entered: 11/18/2011)

11/23/2011 60 UnopposedMOTION for leave to submit addendumre 58RESPONSE TO ORDER TOSHOW CAUSE by Neil J. Gillespie. (MJT) (Entered: 11/23/2011)

01/10/2012 61 AFFIDAVIT in opposition to32MOTION to dismiss Actionpursuant to Fed.R.Civ.P.41(a)(2)and in support of60UnopposedMOTION for leave to submit addendumbyNeil J. Gillespie. (MJT) (Entered: 01/11/2012)

01/10/2012 62 NOTICE of filing copy of Petition for Writ of Mandamus Supreme Court of Florida,Case No. SC11-1622in opposition to 32MOTION to dismiss Actionpursuant to


45/50

Fed.R.Civ.P. 41(a)(2)and in support of 60UnopposedMOTION for leave to submitaddendumby Neil J. Gillespie. (Attachments: # 1Petition for Writ of Mandamus, (2)CD with Appendixes received and filed separately.)(MJT) (Entered: 01/11/2012)

01/12/2012 63 Notice of OBJECTION re Notice of Assignment of claims and 32MOTION to dismissActionpursuant to Fed.R.Civ.P. 41(a)(2)by Neil J. Gillespie by Neil J. Gillespie. (LMF)

(Entered: 01/12/2012)

02/27/2012 64 ORDER upon due consideration, it is hereby ORDERED that the Plaintiffs Complaint 1is DISMISSED. The Clerk is directed to enter judgment accordingly, terminate allpending motions, and close the file. See Order for further details. Signed by SeniorJudge Wm. Terrell Hodges on 2/27/2012. (LRH) (Entered: 02/27/2012)

02/28/2012 65 JUDGMENT entered. Civil appeals checklist attached. (Signed by Deputy Clerk)(LMF) (Entered: 02/28/2012)

03/02/2012 66 NOTICE OF APPEAL as to 64Order, 65Judgment by Neil J. Gillespie. Filing fee notpaid. (MJT) (Entered: 03/05/2012)

03/05/2012 TRANSMITTAL of initial appeal package to USCA consisting of certified copies ofnotice of appeal, docket sheet, order/judgment being appealed, and motion, if applicableto USCA re 66Notice of appeal. (MJT) (Entered: 03/05/2012)

03/09/2012 67 MOTION for leave to appeal in forma pauperis/affidavit of indigency by Neil J.Gillespie. (LMF) (Entered: 03/12/2012)

03/13/2012 ACKNOWLEDGMENT by USCA of receiving Notice of Appeal on 3/7/12 re 66Notice of appeal. USCA number: 12-11213-C. (LMF) (Entered: 03/13/2012)

03/27/2012 68 MOTION to alter/amend judgment by Neil J. Gillespie. (LMF) (Entered: 03/28/2012)

03/29/2012 69 ORDER denying 67Motion for leave to appeal in forma pauperis/affidavit ofindigency; denying 68Motion to alter or amend judgment. Signed by Senior Judge Wm.

Terrell Hodges on 3/29/2012. (LRH) (Entered: 03/29/2012)

03/30/2012 TRANSMITTAL to USCA forwarding 69ORDER denying 67Motion for leave toappeal in forma pauperis/affidavit of indigency re 66Notice of appeal. USCA number:

12-11213-C. (MJT) (Entered: 03/30/2012)

07/30/2012 70 MOTION for miscellaneous relief, specifically to apply funds toward filing fees by Neil

J. Gillespie. (LAB) (Entered: 07/31/2012)

08/01/2012 71 ORDER denying 70Plaintiff's pro se "Motion to Apply Funds Toward Filing Fees."Signed by Senior Judge Wm. Terrell Hodges on 8/1/2012. (LRH) (Entered: 08/01/2012)

08/02/2012 TRANSMITTAL to USCA forwarding 70Motion to Apply Funds Toward Filing Fees

and 71ORDER re 66Notice of appeal. USCA number: 12-11213-C. (MJT) (Entered:08/02/2012)

08/07/2012 72 USCA DISMISSAL ORDER as to 66Notice of appeal filed by Neil J. Gillespie,

dismissing appeal for want of prosecution because the appeallant has failed to pay thefiling fee within the time fixed by the rules. EOD: 08/07/12; USCA number:12-11213-C. (MJT) (Entered: 08/07/2012)

PACER Service Center


46/50

Case 5:10-cv-00503-WTH-DAB Document 1 Filed 09/28/10 Page 1 of 39


47/50

Case 5:10-cv-00503-WTH-DAB Document 1 Filed 09/28/10 Page 2 of 39


48/50

Select Year:

The 2014 Florida Statutes

Title V

JUDICIAL BRANCH

Chapter 43

COURTS: GENERAL PROVISIONS

View Entire Chapter

43.26 Chief judge of circuit; selection; powers.

(1) The chief judge of each judicial circuit, who shall be a circuit judge, shall exercise administrative

supervision over all the trial courts within the judicial circuit and over the judges and other officers of such

courts.

(2) The chief judge of the circuit shall have the power:

(a) To assign judges to any division of the court and to determine the length of the assignment;

(b) To regulate use of courtrooms;

(c) To supervise dockets and calendars;

(d) To require attendance of state attorneys, public defenders, clerks, bailiffs, and all other officers of the

court; and

(e) To do everything necessary to promote the prompt and efficient administration of justice in the courts

over which he or she is chief judge.

(f) To delegate to the trial court administrator, by administrative order, the authority to bind the circuit in

contract.

(g) To manage, operate, and oversee the jury system as provided in s. 40.001.

(3) The chief judge shall be responsible to the Chief Justice of the Supreme Court for such information as

may be required by the Chief Justice, including, but not limited to, caseload, status of dockets, and disposition

of cases in the courts over which he or she presides.(4) Failure of any judge, clerk, prosecutor, public defender, or other officer of the court to comply with an

order or directive of the chief judge under this section shall constitute neglect of duty for which such officer

may be suspended from office as provided by law.

(5) There may be a trial court administrator who shall perform such duties as the chief judge may direct.

(6) The chief judge of each circuit is charged by s. 2(d), Art. V of the Florida Constitution and this section

with the authority to promote the prompt and efficient administration of justice in the courts over which he

or she is chief judge. The clerks of court provide court-related functions which are essential to the orderly

operation of the judicial branch. The chief judge of each circuit, after consultation with the clerk of court,

shall determine the priority of services provided by the clerk of court to the trial court. The clerk of court

shall manage the performance of such services in a method or manner that is consistent with statute, rule, oradministrative order.

History.s. 1, ch. 71-214; s. 1, ch. 77-119; s. 260, ch. 95-147; s. 65, ch. 2003-402; s. 30, ch. 2005-236.

Copyright 1995-2014 The Florida Legislature Privacy Statement Contact Us

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0043/Sections/004


49/50

OATH OF OFFICE

Sl"A'fE OF

FLORIDA

,/

--

T 'E

. ..\ -

- I

1 do solemnly swear (or affirm)

that J will

support.. protect,

and defend the

Constitution and Government

of the

united States and

of

the State of Florida; that I am duly qualified to

hold

office under the Constitution of the State,

and

that J

wi)) well

and

faithfully perfoml

the duties

of

C"IICI

O R v t l A ~ \ S C ) .

, JJh"m'IJDI

~ \ J O I C 4 t - C ~ i j &A04JI /tIJA/II-rSl l

(Office)

on which lam now about to enter. so

help

me Go

Type Idenl /ic'alion

Produced

....

....

_ . _ _ . _ ~

~ ~ ~ ~ ~ ~ ~ ~ ~ .

ACCEPTANCE

lacceptlheofficeof c,ltop"" lM,I\Q,.T ;l\l6GI?#

7H ICT.#?Al'lH

~ O

CI ) IAJi "

B i ~ . . . .

.'

above is the

Oath

of

Office

taken

by me.

I n ~ i l l o n W ~ e a ~ v e o f f l c e l a ~ o h o ~ O ~ o f f i c e o f ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ _

Mailing Address: 0 Home 621f}ffice Signature:

~ O O ~ : \ ~ \ \ . V &i. * 6D::L

M c : ~

\ c . \ M C l ~ '""3\..

Street or Post

Print

name

as

you desire commission issued

I

FL. 13'0"2-

~ ~ a d ~ ~ ~

ity, Statl,

Zip

Code

gnature

DS DE

56 Rev. OS/07


50/50

IN

THE

CIRCUIT COURT

OF THE THIRTEENTH

JUDICIAL

CIRCUIT

IN AND

FOR

HILLSBOROUGH COUNTY, FLORIDA

GENERAL

CIVIL

DIVISION

NEIL

J.

GILLESPIE,

Plaintiff,

Case No. OS-CA-720S

Vs.

Division: "J"

BARKER, RODEMS

COOK,

P.A.

and

WILLIAM J. COOK,

Defendants.

~

ORDER DIRECTING CLERK OF COURT TO MAINTAIN COURT RECORDS

THIS CAUSE having

come

before the Court on the

Plaintiffs

Application for

Order

requiring

the Clerk

of

Court to deliver the court records in

Case

No. OS-CA-720S and the court having reviewed the

court file and all the pleadings filed therein, it is therefore

ORDER AND ADJUDGED

that the Plaintiffs Application for Order is denied. The Clerk of

Court is hereby directed to maintain the court records in the above style cause.

th

DONE AND ORDERED

in Chambers, at Tampa, Hillsborough County, Florida this 7 day

of

October, 2014.

JAMES D. ARNOLD, Circuit Judge

Copies furnished to:

Neil J. Gillespie

8092

SW S

th

Loop


Barker

&

Cook, P .A.

SOl

East Kennedy Blvd., Suite 790

Tampa, FL. 33602

ORIGIN L SIGNED

Ryan Christopher Rodems, Esquire

7- 2 1 1}


JAMES D RNOLD

20 N. Orange Avenue

CIRCUIT JUDGE

Orlando, FL. 32801

William J. Cook, Esquire

SOl East Kennedy Blvd., Suite 790

Tampa, FL. 33602

notice of objection to the 2ddca hearing this cause 2d14-5388

Documents