VIA V.P.S. No.

lZ64589FP290801254 September 27, 2013

Hon. Thomas D. Hall
Clerk of the Court
Suprenle Court of Florida
500 South Duval Street
Tallahassee, Florida 32399
RE: Application For Order (2) - Rule 2.430(g), Fla.R.Jud.Admin.
Neil J. Gillespie vs. Barker, Rodems & Cook, PA, et al.
SCII-858 and SCII-1622
Lower Court Case No. 05-CA-007205
Dear Clerk Hall:
Please find enclosed for filing two (2) Application For Order, Rule 2.430(g), Fla.R.Jud.Admin.
one for Case No. SCII-858, and one for Case No. SCII-1622. All parties shown on the
certificate of service were provided a copy of the application. These are the same parties listed
on the Order in SCII-1622 of March 12, 2012, and on the Order in SCII-858 May 18, 2011.
Also enclosed for filing is Consolidated Withdrawal OfMotions For Surrender OfFiles. This
withdrawals two previously filed motions for surrender of files in case numbers SCII-858 and
SCII-1622 because a motion is not the correct pleading under Rule 2.430(g), Fla.R.Jud.Admin.
The Court denied the motion in SCII-1622 without prejudice to refile because the text of the
motion referred to a different case. I will not be refiling the motion. The Court did not rule on the
motion in SCII-858, and my withdrawal hereof makes that motion moot. I now believe the
proper pleading under Rule 2.430(g) is an application for an order. Thank you.
cc: Hon. James R. Birkhold, Clerk of Court, Second District Court of Appeal
Hon. Pat Frank, Clerk of Circuit Court
Hon. Janles D. Arnold, Judge
David A. Rowland, General Counsel
Ryan Christopher Rodems, Esq., Barker, Rodems & Cook, P.A.
Enclosures: Application For Order in SCII-858 and SCII-1622
Consolidated Withdrawal Of Motions For Surrender Of Files
((ourt of jflortba
MONDAY, MARCH 12,2012
CASE NO.: SC11-1622
Lower Tribunal No(s).: 2D10-5197,
05-CA-7205
NEIL J. GILLESPIE vs. BARKER, RODEMS &
COOK, ET AL.
Petitioner(s) Respondent(s)
The petitioner has filed a petition for writ of mandamus with the Court. To
the extent the petitioner seeks a writ of mandamus directed towards the district
court, the petition is denied because a writ of mandamus cannot be issued to direct
the manner in which a court shall act in the lawful exercise of its jurisdiction. State
ex reI. North St. Lucie River Drainage Dist. v. Kanner, 11 So. 2d 889, 890 (Fla.
1943); see also Migliore v. City of Lauderhill, 415 So. 2d 62,63 (Fla. 4th DCA
1982) (stating that mandamus "is not an appropriate vehicle for review of a merely
erroneous decision nor is it proper to mandate the doing (or undoing) of a
discretionary act"), approved, 431 So. 2d 986 (Fla. 1983). To the extent the
petitioner seeks any additional relief, the petition is dismissed as facially
insufficient.
PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, J1., concur.
A True Copy
Test:

Clerk, Supreme Com1
kb
Served:
NEIL 1. GILLESPIE /
RYAN CHRISTOPHER RODEMS
HON. PAT FRANK, CLERK
HON. JAMES BIRKHOLD, CLERK
QCourt of jfloriba
WEDNESDAY, MAY 18,2011
CASE NO.: SCII-858
Lower Tribunal No(s).: 05-CA-007205
NEIL 1. GILLESPIE vs. BARKER, RODEMS &
COOK, P.A., ET AL.
Petitioner(s) Respondent(s)
The petition for writ of habeas corpus is hereby denied.
PARIENTE, LEWIS, QUINCE, POLSTON, and PERRY, n., concur.
A True Copy
Test:

Clerk, Supreme COlU1
ab
Served:
DAVID A. ROWLAND
NEIL J. GILLESPIE
RYAN CHRISTOPHER RODEMS
HON. PAT FRANK, CLERK
HON. JAMES D. ARNOLD, JUDGE
-----------------
IN THE SUPREME COURT OF THE
STATE OF FLORIDA
NEIL J. GILLESPIE
Case No.: SCII-858
Petitioner, Case No.: SCII-1622
vs.
BARKER, RODEMS & COOK, P.A. and
WILLIAM J. COOK,
Respondents.
/
CONSOLIDATED WITHDRAWAL OF MOTIONS FOR SURRENDER OF FILES
Neil J. Gillespie, reluctantly appearing pro se due to indigence and/or insolvency, here in
the first person, withdrawals two previously filed motions for surrender of files in case numbers
SCII-858 and SCII-1622 because a motion is not the correct pleading under Rule 2.430(g),
Fla.R.Jud.Admin. The Court denied the motion in SC11-1622 without prejudice to refile because
the text of the motion referred to a different case. I will not be refiling the motion. The Court did
not rule on the motion in SC11-858, and my withdrawal hereof makes that motion moot.
I now believe the proper pleading under Rule 2.430(g) is an application for an order. I
filed the applications today. No party, person or entity other than me filed anything in the cases.
Rule 2.430(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.
RESPECFULLY SUBMITTED September 27, 2013.
Certificate of Service
I certify that the Consolidated Withdrawal of Motions For Surrender of Files in Case No.
SCll-858 and SCll-1622 in the Florida Supreme Court was provided Septerrlber 27, 2013 to:
HON. THOMAS D. HALL
Office of the Clerk
Supreme Court of Florida
500 South Duval Street
Tallahassee, Florida 32399
VIA U.P.S. No. 1Z64589FP290801254
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
Tanlpa, FL 33602 Tampa, Florida 33602
VIA U.P.S. No. 1Z64589FP291209232 VIA U.P.S. No. 1Z64589FP293610866
HON. JAMES D. ARNOLD, JUDGE Ryan Christopher Rodems
800 E. Twiggs S1., Room #514 Barker, Rodems & Cook, P.A.
Tampa, Florida 33602 501 E Kennedy Blvd. Suite 790
VIA U.P.S. No. 1Z64589FP294570872 Tampa, Florida 33602-5258
VIA U.P.S. No. 1Z64589FP290126047
HON. JAMES BIRKHOLD
Clerk of the Second District Court of Appeal
1005 E. Memorial Blvd.
Lakeland, FL 33801
VIA U.P.S. No. 1Z64589FP293714825
RESPECTFULLY SUBMITTED September 27, 2013.
-----------------
SUPREME COURT OF FLORIDA
STATE OF FLORIDA
NEIL J. GILLESPIE
Plaintiff/Counter Defendant, Case: SCll-1622
Lower Tribunal: 05-CA-7205
vs.
BARKER, RODEMS & COOK, P.A. and
WILLIAM J. COOK,
Defendants/Counter Plaintiffs.
/
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: SCll-1622 that are to be destroyed or disposed of.
Rule 2.430(g), Fla.R.Jud.Admin.:
(g) Disposition Other Than Destruction. Before destruction or
disposition of court records under this rule, any person may apply to the court for
an order requiring the clerk to deliver to the applicant the court records that are to
be destroyed or disposed of. All parties shall be given notice of the application.
The court shall dispose of that court record as appropriate.
No party, person or entity other than me filed anything in the case.
All parties shown on the certificate of service were provided a copy of this application.
RESPECFULLY SUBMITTED September 27, 2013.
Certificate of Service
I certify that the Application For Order in Case No. SCII-1622 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 U.P.S. No. lZ64589FP290801254
I certify that a copy hereof has been furnished to each of the following:
HON. JAMES BIRKHOLD
Clerk of the Second District Court of Appeal
1005 E. Memorial Blvd.
Lakeland, FL 33801
VIA U.P.S. No. lZ64589FP293714825
HON. PAT FRANK, Clerk of Circuit Court
County Center
601 E. Kennedy Blvd.
Tampa, FL 33602
VIA U.P.S. No. lZ64589FP291209232
Ryan Christopher Rodems
Barker, Rodems & Cook, P.A.
501 E Kennedy Blvd. Suite 790
Tampa, Florida 33602-5258
VIA U.P.S. No. lZ64589FP290126047
RESPECTFULLY SUBMITTED September 27, 2013.
-----------------
SUPREME COURT OF FLORIDA
STATE OF FLORIDA
NEIL J. GILLESPIE
Plaintiff/Counter Defendant, Case: SCII-858
Lower Tribunal: 05-CA-7205
vs.
BARKER, RODEMS & COOK, P.A. and
WILLIAM J. COOK,
Defendants/Counter Plaintiffs.
/
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 Supren1e 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: SCII-858 that are to be destroyed or disposed of.
Rule 2.430(g), Fla.R.Jud.Admin.:
(g) Disposition Other Than Destruction. Before destruction or
disposition of court records under this rule, any person may apply to the court for
an order requiring the clerk to deliver to the applicant the court records that are to
be destroyed or disposed of. All parties shall be given notice of the application.
The court shall dispose of that court record as appropriate.
No party, person or entity other than me filed anything in the case.
All parties shown on the certificate of service were provided a copy of this application.
RESPECFULLY SUBMITTED September 27, 2013.
Certificate of Service
I certify that the Application For Order in Case No. SCll-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 U.P.S. No. lZ64589FP29080l254
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 Tanlpa, Florida 33602
VIA U.P.S. No. lZ64589FP29l209232 VIA U.P.S. No. lZ64589FP2936l0866
HON. JAMES D. ARNOLD, JUDGE Ryan Christopher Rodems
800 E. Twiggs St., Room #514 Barker, Rodems & Cook, P.A.
Tanlpa, Florida 33602 501 E Kennedy Blvd. Suite 790
VIA U.P.S. No. lZ64589FP294570872 Tampa, Florida 33602-5258
VIA U.P.S. No. lZ64589FP290l26047
RESPECTFULLY SUBMITTED September 27, 2013.