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

SECOND DISTRICT COURT OF APPEAL

STATE OF FLORIDA
NEIL J. GILLESPIE,
Appellant/Petitioner pro se (nonlawyer),

Appellate Case: 2D14-5388

Lower 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.

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

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, rrodems@forthepeople.com, 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.

WHEREFORE this Cause must be transferred to another tribunal. Rule 2.260.

RESPECFULLY SUBMITTED December 5, 2014.

Neil J. Gillespie, pro se (nonlawyer)

Appellant/Petitioner
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Certificate of Service
I certify that the foregoing was served today December 5, 2014 through the Florida
Courts E-filing Portal, for attorneys to the email address on The Florida Bar member profile.
Pat Frank, Clerk of Circuit Court
Hillsborough County, Florida
County Center
601 E. Kennedy Blvd.
Tampa, FL 33602-4156
Email: frankp@hillsclerk.com

William J. Cook
Barker & Cook, P.A.
501 E Kennedy Blvd. Suite 790
Tampa, Florida 33602-5258
Email: wcook@barkercook.com

Ryan Christopher Rodems

Morgan & Morgan, P.A.
20 N Orange Ave.
Orlando, Florida 32801-2414
Email: rrodems@forthepeople.com
RESPECTFULLY SUBMITTED December 5, 2014.

Neil J. Gillespie

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.

Appellant / Petitioner(s),

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

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 of the original court order.

Served:
Ryan Christopher Rodems, Esq.
Neil J. Gillespie

William J. Cook
Pat Frank, Clerk

Barker, Rodems & Cook, P A

ec

VIA UPS No. 1Z64589FP294762754

Greg White, Inspector General
Office of Inspector General, State Courts System
Supreme Court Building
500 South Duval Street
Tallahassee, FL 32399-1925

December 4, 2014
VIA Email: Inspgenl@flcourts.org
VIA Email: whiteg@flcourts.org

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 327
Lakeland, FL 33801
Lakeland, FL 33802
Telephone: (863) 499-2290, FAX (863) 413-2649
for failure to have internal controls to provide reasonable assurance that the 2dDCA complied
with administrative policies, procedures, and rules as well as applicable statutes. As shown in
this complaint, operations of the 2dDCA did not support the goals and objectives of the State
Courts 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. (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.
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 or

signature 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 Appellate
Procedure, and the Florida Rules of Judicial Administration.
Office of Inspector General
http://www.floridasupremecourt.org/oig/index.shtml

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

Greg White, Inspector General - 2dDCA COMPLAINT

Office of Inspector General, State Courts System

December 4, 2014
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 improve
the 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 programs
and 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 means
all 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 of
implementing s. 14, Art. V of the State Constitution, the state courts system is defined to
include 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 State
Constitution, 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 a
central point for coordination of and responsibility for activities that promote
accountability, integrity, and efficiency in government....
Florida State Courts System Fraud Policy
VI. 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 to
receive and investigate complaints filed pursuant to the Whistle-blowers Act in section
112.3187-112.31895, Florida Statutes. The IG shall refer complaints involving judges, attorneys
or other licensed or regulated individuals to the appropriate oversight or regulatory body for
investigation and determination of probable cause.

Greg White, Inspector General - 2dDCA COMPLAINT

Office of Inspector General, State Courts System

December 4, 2014
Page - 3

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 to
evaluate allegations. When investigating fraud, suspected fraud or other wrong-doing within the
scope of this policy, the IG may inspect, examine, copy or remove SCS records and property
without 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 appeals
below. Mr. Bauer was a referral from The Florida Bar Lawyer Referral Service.
2D06-3803
2D07-4530
2D08-2224
2D10-5197
2D10-5529
2D11-2127

Gillespie v. BRC, discovery sanction appeal, Gillespie appeared pro se

BRC v. Gillespie, voluntary dismissal, Robert W. Bauer for Gillespie
Gillespie v. BRC, F.S. 57.105 sanctions, Robert W. Bauer for Gillespie
Gillespie v. BRC, final summary judgment, Gillespie appeared pro se
Gillespie v. BRC, prohibition Judge Cook, Gillespie appeared pro se
Gillespie v. BRC, prohibition Judge Arnold, venue, habeas corpus; pro se

Counts 1 through 5 against the Second District Court of Appeal

Evidence 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 SCOTUS
2014, 06-12-14, APPENDIX 2DCA Public Records 18p
Exh 10, 2013, 10-07-13 form letter response Clerk Birkhold
Exh 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 judge
Remove the THIRTEENTH JUDICAL CIRCUIT, FLORIDA, as venue and
jurisdiction in Lower Court Case No. 05-CA-007205
Motion for a Change of Venue (to another District Court of Appeal)
Acknowledgment of New Case, FEE WAIVED, May 3, 2011
Order, DENIED petition for writ of habeas corpus, May 4, 2011
AMENDED Order, DENIED petition for writ of prohibition, May 6, 2011

Greg White, Inspector General - 2dDCA COMPLAINT

Office of Inspector General, State Courts System

December 4, 2014
Page - 4

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, before
moving to withdrawal from the case. The 2dDCA denied Mr. Bauers motion to withdrawal, but
he stopped working on the case anyway. Other motions I filed relative to Mr. Bauers
nonperformance, which as essentially contempt of court, were denied.
Clerk of Court James 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,
Judge 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 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 is
otherwise available. Contrary to his belief, Clerk Birkhold has not answered this
question. The September 20, 2013 order does not address the status of records that may
have been destroyed. My misplaced motion shows:
2D11-2127 - attached docket shows case destroyed 07/05/13
2D10-5529 - 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
Case 2D08-2224 does not show "destroyed", it only shows returned records 01/13/10. Is
that case file, or any other case file available? Clerk Birkhold was understandably busy
and not able to respond due to mandatory efiling, so I am bringing this matter to your attention.

Greg White, Inspector General - 2dDCA COMPLAINT

Office of Inspector General, State Courts System

December 4, 2014
Page - 5

Count 2 - Second District Court of Appeal

2.

13 anonymous decisions entered in case 2D10-5197; none carry the name or

signature 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 or
any judge thereof in relation to any action or proceeding pending in said court shall be filed and
remain in the office of the clerk...
F.S. 35.15 Decisions to be filed; copies to be furnished.All decisions and opinions
delivered by the district courts of appeal or any judge thereof in relation to any action or
proceeding pending in said court shall be filed and remain in the office of the clerk, and
shall not be taken therefrom except by order of the court; but said clerk shall at all times
be required to furnish to any person who may desire the same certified copies of such
opinions and decisions, upon receiving his or her fees therefor.
The 2dDCA, in filing 13 anonymous decisions in case 2D10-5197, does not comply section
35.15 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) 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),
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 and
Jurisdiction, 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 and
shall consider each case, and the concurrence of a majority of the panel shall be
necessary to a decision.

Greg White, Inspector General - 2dDCA COMPLAINT

Office of Inspector General, State Courts System

December 4, 2014
Page - 6

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/or
opinions, 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 the
Judicial Qualifications Commission. This is not a judicial complaint.
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: Judge
Marva Crenshaw and Judge Anthony Black. Neither judge put their name on Orders in
2D10-5197.
28. Judge 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 Jud. 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 Judge Marva Crenshaw to the Second
District Court of Appeal in January 2009, and she began serving February 1, 2009.
Governor Crist appointed Hillsborough Judge Anthony Black to the Second District
Court of Appeal in 2010. Prior to appointment, Judge Crenshaw and Judge Black were
colleagues 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 required
Disqualification. (1) A judge shall disqualify himself or herself in a proceeding in which
the judges impartiality might reasonably be questioned...
33. Judge Marva Crenshaw and Judge Anthony Black wrongly ruled in two related
appeals:
In appeal 2D10-5529, Civil Prohibition Petition from Hillsborough County for Judge
Martha Cook was Denied December 9, 2010. The petition for writ of prohibition is
denied 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, and
CRENSHAW, JJ., 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, JJ., Concur. Petitioner's petition for
writ of prohibition was denied May 6, 2011 (amended order), LaROSE,
CRENSHAW and BLACK, JJ., Concur.

Greg White, Inspector General - 2dDCA COMPLAINT

Office of Inspector General, State Courts System

December 4, 2014
Page - 7

Count 3 - Second District Court of Appeal

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 shall
have no power to fix appropriations. The 2dDCA, by filing anonymous decisions and opinions
delivered 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.
Count 4 - Second District Court of Appeal
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.

The 2dDCAs failure to take judicial action, and transfer my appeal to the correct court likely
violates 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 courts
including the 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. The supreme
court shall adopt rules to allow the court and the district courts of appeal to submit
questions relating to military law to the federal Court of Appeals for the Armed Forces
for an advisory opinion. Rules of court may be repealed by general law enacted by twothirds vote of the membership of each house of the legislature.

5.

Count 5 - Second District Court of Appeal

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 Appellate
Procedure, and the Florida Rules of Judicial Administration.

Emergency Petition Writ of Prohibition; Motion Change Venue, 2D11-2127, May 2, 2011
Remove CIRCUIT COURT JUDGE JAMES D. ARNOLD as trial court judge
Remove the THIRTEENTH JUDICAL CIRCUIT, FLORIDA, as venue and
jurisdiction in Lower Court Case No. 05-CA-007205
Motion for a Change of Venue (to another District Court of Appeal)
Acknowledgment of New Case, FEE WAIVED, May 3, 2011
Order, DENIED petition for writ of habeas corpus, May 4, 2011
AMENDED Order, DENIED petition for writ of prohibition, May 6, 2011

Greg White, Inspector General - 2dDCA COMPLAINT

Office of Inspector General, State Courts System

December 4, 2014
Page - 8

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 rights
under 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 the
complete exercise of the courts jurisdiction; or any judge thereof may issue writs of
habeas corpus returnable before the court or any judge thereof, or before any circuit
judge within the territorial jurisdiction of the court.

Florida Rules of Judicial Administration

RULE 2.130. PRIORITY OF FLORIDA RULES OF APPELLATE PROCEDURE
The Florida Rules of Appellate Procedure shall control all proceedings in the
supreme court and the district courts, and all proceedings in which the circuit
courts exercise their appellate jurisdiction, notwithstanding any conflicting rules of
procedure.

The 2dDCA Denied My Rights Protected by the Florida Constitution

and 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 of
any 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 . . . may
conduct 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 to
petition the Government for a redress of grievances.
Congress shall make no law respecting an establishment of religion, or prohibiting the
free exercise thereof; or abridging the freedom of speech, or of the press; or the right of
the people peaceably to assemble, and to petition the Government for a redress of
grievances
http://en.wikipedia.org/wiki/First_Amendment_to_the_United_States_Constitution

Greg White, Inspector General - 2dDCA COMPLAINT

Office of Inspector General, State Courts System

December 4, 2014
Page - 9

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 property
without due process of law, or be twice put in jeopardy for the same offense, or be
compelled 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 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... 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 before
the law and have inalienable rights, among which are the right to enjoy and defend life
and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and
protect property; except that the ownership, inheritance, disposition and possession of
real 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, or
physical disability.
Definition of a Kangaroo Court, The Free Dictionary
http://legal-dictionary.thefreedictionary.com/p/Kangaroo%20Court
[Slang of U.S. origin.] An unfair, biased, or hasty judicial proceeding that ends in a harsh
punishment; an unauthorized trial conducted by individuals who have taken the law into
their own hands, such as those put on by vigilantes or prison inmates; a proceeding and
its 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 court
or 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 have
the right to due process, the Court reasoned, "Under our Constitution, the condition of
being a boy does not justify a kangaroo court." Associate Justice william o. douglas once
wrote, "[W]here police take matters in their own hands, seize victims, beat and pound
them until they confess, there cannot be the slightest doubt that the police have deprived
the victim of a right under the Constitution. It is the right of the accused to be tried by a
legally constituted court, not by a kangaroo court" (Williams v. United States, 341 U.S.
97, 71 S. Ct. 576, 95 L. Ed. 774 [1951]).

Greg White, Inspector General - 2dDCA COMPLAINT

Office of Inspector General, State Courts System

December 4, 2014
Page - 10

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 which
so 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 a
ceiling decorated with stars in which secret hearings of the privy council and judges met
to determine punishment for disobedience of the proclamations of King Henry VIII of
Great Britain (1509-1547). The high-handed, unfair, predetermined judgments, which
sent 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 history
the best example of star chamber proceedings was the conduct of the House UnAmerican
Activities Committee (1938-1975) which used its subpena power to intimidate citizens
by asking them unconstitutional questions about their political beliefs and associations,
and then charging them with contempt of Congress for refusing to answer. Another
example 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. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Phone: (352) 854-7807
Email: neilgillespie@mfi.net
Enclosures

Appendix -December 4, 2014

Office of Inspector General, State Courts System
Complaint 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

2014 FLORIDA PROFIT CORPORATION ANNUAL REPORT

FILED
Feb 27, 2014
Secretary of State
CC0068014243

DOCUMENT# P00000075354
Entity Name: BARKER & COOK, P.A.
Current Principal Place of Business:
501 EAST KENNEDY BOULEVARD, STE. 790
TAMPA, FL 33602

Current Mailing Address:

501 EAST KENNEDY BOULEVARD, STE. 790
TAMPA, FL 33602 US
FEI Number: 59-3672653

Certificate of Status Desired: No

Name and Address of Current Registered Agent:

BARKER, CHRIS A
501 EAST KENNEDY BOULEVARD
SUITE 790
TAMPA, 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:
Date

Electronic Signature of Registered Agent

Officer/Director Detail :
Title

Title

STV

Name

BARKER, CHRIS A

Name

COOK, WILLIAM J

Address

501 EAST KENNEDY BOULEVARD,

SUITE 790

Address

501 EAST KENNEDY BOULEVARD,

SUITE 790

City-State-Zip:

TAMPA FL 33602

City-State-Zip:

TAMPA FL 33602

I hereby 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 under
oath; 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: WILLIAM J. COOK

Electronic Signature of Signing Officer/Director Detail

STV

02/27/2014
Date

https://www.floridabar.org/wps/portal/flbar/home/attysearch/mprofile/!ut/p/a1/jc_LDoIwEAXQT-pthRaWo6mkRazxgdCNYUWaKLowfr_42LioOrtJz...

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Ryan Christopher Rodems

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Morgan & Morgan, P.A.

20 N Orange Ave
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United States

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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-WTHTBS, 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 603
and 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 court
is 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).

Chief Judge Manuel Menendez, Jr.

Thirteenth Judicial Circuit Of Florida

November 17, 2014

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, see the
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, 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.[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 Order
Dismissing 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 a Non-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

Chief Judge Manuel Menendez, Jr.

Thirteenth Judicial Circuit Of Florida

November 17, 2014

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 as
provided by supreme court rule. The chief judge shall be responsible for the
administrative supervision of the circuit courts and county courts in his circuit.
Under 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 of
Office in the State of Florida on August 26, 2008:
ARTICLE II, GENERAL PROVISIONS, SECTION 5. Public officers.
I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution
and Government of the United States and of the State of Florida; that I am duly qualified
to hold office under the Constitution of the State, and that I will well and faithfully
perform the duties of Circuit Court Judge, Thirteenth Judicial Circuit, Group Nineteen,
on which I am now about to enter, so help me God.
A copy of 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) 854-7807
Email: neilgillespie@mfi.net
Enclosures

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ADMINISTRATIVE OFFICE OF THE COURTS

THIRTEENTH JUDICIAL CIRCUIT OF FLORIDA

LEGAL DEPARTMENT

DAVID A. ROWLAND

October 23, 2014

GENERAL COUNSEL

Neil J. Gillespie
8092 SW 11Sth Loop
Ocala, Florida 34481
Re:

Neil J. Gillespie v. Thirteenth Judicial Circuit, Florida, et. al.,

Case No.: S:10-cv-00S03-WTH-TBS, U.S. District Court,
Middle District of Florida (Ocala)

Mr. Gillespie:

This letter is in response to your October 20, 2014 public records request sent
to Chief Judge Manuel Menendez, Jr. You requested "records showing the authority
relied upon to bind the Thirteenth Judicial Circuit, Florida in contract in the settlement
of a federal lawsuit..." You also requested "records showing the authority relied upon
to bind [S]tate of Florida, Hillsborough County, defendants in contract in the
settlement of a federal lawsuit... " The state defendants you mention are three
Thirteenth Judicial Circuit Court judges and two court employees. The federal lawsuit
to which you refer is noted above.
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.

Enclosure
cc:

The Honorable Manuel Menendez, Jr., Chief Judge

800 E. TwIGGS STREET SUITE 603 TAMPA, FLORIDA 33602 PHONE (813) 272-6843

WEB: WWW.FUUDI3.0RG

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. 1 (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).

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

intelligible facts that would support a finding of the existence offederal question jurisdiction.
See 28 U.S.C. 1331-1332. And fourth, it appears that the Plaintiff has assigned all of
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 of February, 2012.

UNITED STATES DISTRICT JUDGE

Copies to: Counsel of Record

Neil J. Gillespie, pro sa

2The 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 court is 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).
2

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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 603

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 al

Assigned to: Senior Judge Wm. Terrell Hodges
Referred to: Magistrate Judge Thomas B. Smith
Case in other court: 11th Circuit, 12-11213-C
Cause: 42:1983 Civil Rights Act

Date Filed: 09/28/2010

Date Terminated: 02/28/2012
Jury Demand: Plaintiff
Nature of Suit: 446 Civil Rights: Americans
with Disabilities - Other
Jurisdiction: Federal Question

Plaintiff
Neil J. Gillespie

V.
Defendant
Thirteenth Judicial Circuit, Florida
Defendant
Gonzalo B. Casares
ADA Coordinator, and individually
Defendant
David A. Rowland
Court Counsel, and individually
Defendant
Judge Claudia Rickert Isom
Circuit Court Judge, and individually
Defendant
Judge James M. Barton, II
Circuit Court Judge, and individually
Defendant
Judge Martha J. Cook
Circuit Court Judge, and individually
Defendant

represented by Neil J. Gillespie

8092 SW 115th Loop
Ocala, FL 34481
352/854-7807
PRO SE

Barker, Rodems & Cook, P.A.

TERMINATED: 11/23/2010

represented by Ryan Christopher Rodems

Barker, Rodems & Cook, PA
Suite 790
501 E Kennedy Blvd
Tampa, FL 33602
813/489-1001
Fax: 813/489-1008
Email: rodems@brclawyers.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Ryan Christopher Rodems
TERMINATED: 11/23/2010

represented by Ryan Christopher Rodems

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
The Law Office of Robert W. Bauer, P.A.

represented by Catherine Barbara Chapman

Guilday, Tucker, Schwartz & Simpson, PA
1983 Centre Pointe Boulevard, Suite 200
Tallahassee, FL 32308
850/224-7091
Fax: 850/222-2593
Email: catherine@guildaylaw.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Defendant
Robert W. Bauer

represented by Catherine Barbara Chapman

(See above for address)
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

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 Christopher
Rodems, David A. Rowland, The Law Office of Robert W. Bauer, P.A., Thirteenth
Judicial 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 1 Complaint 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)

09/30/2010

4 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on
9/30/2010. (Attachments: # 1 consent forms)(MAM) (Entered: 09/30/2010)

10/01/2010

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

10/01/2010

6 MOTION for miscellaneous relief, specifically to file electronically by Neil J. Gillespie.

(MJT) (Entered: 10/01/2010)

10/04/2010

7 MOTION to amend/correct 1 Complaint 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 5 Motion for protective order filed by

Barker, Rodems & Cook, P.A., Ryan Christopher Rodems. (Attachments: # 1 Exhibit
State Court Action Complaint, # 2 Exhibit Order Granting Judgment on Pleadings,
11/28/2007, # 3 Exhibit Order Granting Judgment on Pleadings, 7/7/2008, # 4 Exhibit
Final Summary Judgment, 9/28/2010, # 5 Exhibit Order Granting Motion to Compel,
7/24/2006, # 6 Exhibit Order Granting Fla. Stat. s. 57.105 sanctions, 7/20/2007, # 7
Exhibit Final Judgment, 3/27/2008, # 8 Exhibit Order, Second DCA, affirming Final
Judgment, # 9 Exhibit Order Adjudging Gillespie in Contempt, 7/7/2008, # 10 Exhibit
Order Adjudging Gillespie in Contempt, 9/30/2010)(Rodems, Ryan) (Entered:
10/06/2010)

10/06/2010

11 MEMORANDUM (response) in opposition re 7 Motion to amend/correct filed by

Barker, Rodems & Cook, P.A., Ryan Christopher Rodems. (Rodems, Ryan) (Entered:
10/06/2010)

10/07/2010

12 MEMORANDUM (response) in opposition re 8 Motion to disqualify filed by Barker,

Rodems & Cook, P.A., Ryan Christopher Rodems. (Attachments: # 1 Exhibit Order
Denying Plaintiffs Emergency Motion to Disqualify Defendants Counsel Ryan
Christopher Rodems & Barker, Rodems & Cook, P.A.)(Rodems, Ryan) (Entered:
10/07/2010)

10/08/2010

13 ORDER granting 7 motion to amend complaint. Plaintiff shall file the amended
complaint 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 14 Motion for extension of time to file amended complaint. Amended
complaint 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 6 Motion to file electronically. Signed by Magistrate Judge David A.

Baker on 10/14/2010. (LMF) (Entered: 10/14/2010)

10/22/2010

18 ORDER denying 5 Emergency Motion for protection and Order of Removal. Signed by
Magistrate 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 8 Motion 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 19 Motion 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 22 Notice of voluntary dismissal as to

Defendant's Rodems & BRC in lieu of complaint by Neil J. Gillespie. (Attachments: # 1
Exhibits 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 22 Notice 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 Statement by 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 to

enlarge time to respond" as to 27 MOTION to dismiss Complaint or alternatively,
Motion to Strike and Motion for More Definite Statement by Neil J. Gillespie. (LMF)
Motions referred to Magistrate Judge David A. Baker. (Entered: 04/19/2011)

05/09/2011

30 ORDER granting in part 29 Motion 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 30 Order on motion for extension of time to file response/reply

filed by Neil J. Gillespie. (LMF) (Entered: 06/01/2011)

06/21/2011

32 MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) by William J Cook, Chris

A. 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 32
MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) and to strike or set aside

settlement agreement and general mutual release by Neil J. Gillespie. (Attachments: # 1

Appendix 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 Chris

A. Barker (LMF) (Entered: 06/30/2011)

07/07/2011

35 NOTICE of filing "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: # 1 Exhibit A - Part 1, # 2 Exhibit A - Part
2)(MJT) (Entered: 07/08/2011)

07/07/2011

37 NOTICE of filing "Plaintiff's Motion for Appointment of Counsel, ADA Accomodation

Request and Memorandom of Law, May 24, 2011" by Neil J. Gillespie (Attachments: #
1 Exhibit A - Part 1, # 2 Exhibit A - Part 2, # 3 Exhibit A - Part 3, # 4 Exhibit A - Part
4)(MJT) (Entered: 07/08/2011)

07/12/2011

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

07/14/2011

39 SUPPLEMENT (addendum) re 33 MOTION to strike or set aside Mr. Rodem's Notice

of Assignment of Claims and 32 MOTION to dismiss Action pursuant 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 33 MOTION to strike 32 MOTION to dismiss Action

pursuant to Fed.R.Civ.P. 41(a)(2) MOTION to strike 32 MOTION to dismiss Action
pursuant to Fed.R.Civ.P. 41(a)(2) filed by Chris A. Barker, Ryan Christopher Rodems.
(Attachments: # 1 Exhibit Settlement Conference [6-21-2011])(Rodems, Ryan)
(Entered: 07/14/2011)

07/15/2011

41 NOTICE of filing transcripts re 33 MOTION to strike 32 MOTION to dismiss Action

pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie. (Three transcripts filed
separately.) (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 of
Assignment of Claims and Motion to Dismiss, titled "Motion for leave to submit rebuttal
to 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-cv503-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 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P. 41(a)(2) by
Neil J. Gillespie. (Exhibits to Notice filed separately)(LMF) (Entered: 08/31/2011)

08/31/2011

45 SUPPLEMENT re 38 Notice of filing Pat Frank, Clerk of Court did not comply with
Order 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)

09/09/2011

47 NOTICE of Filing Transcript of proceeding held on 6/21/11 re 33 MOTION to strike or

set aside Mr. Rodem's Notice of Assignment of Claims and 32 MOTION to dismiss
Action with prejudice pursuant to Fed.R.Civ.P. 41(a)(2) by Neil J. Gillespie. (Filed
separately) (LMF) (Entered: 09/12/2011)

09/30/2011

48 SUPPLEMENT (Second) re 38 Notice of filing Pat Frank, Clerk of Circuit Court did
not 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 of 33 MOTION to strike 32 MOTION to

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

10/05/2011

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

10/06/2011

51 ORDER denying 33 Motion to strike. Signed by Magistrate Judge Thomas B. Smith on

10/6/2011. (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 to
plaintiff. (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 Neil
J. Gillespie. (LMF) (Entered: 11/02/2011)

11/03/2011

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

11/07/2011

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

11/14/2011

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

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

11/18/2011

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

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

11/23/2011

60 Unopposed MOTION for leave to submit addendum re 58 RESPONSE TO ORDER TO

SHOW CAUSE by Neil J. Gillespie. (MJT) (Entered: 11/23/2011)

01/10/2012

61 AFFIDAVIT in opposition to 32 MOTION to dismiss Action pursuant to Fed.R.Civ.P.

41(a)(2) and in support of 60 Unopposed MOTION for leave to submit addendum by
Neil 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. SC11-1622 in opposition to 32 MOTION to dismiss Action pursuant to

Fed.R.Civ.P. 41(a)(2) and in support of 60 Unopposed MOTION for leave to submit

addendum by Neil J. Gillespie. (Attachments: # 1 Petition 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 32 MOTION to dismiss

Action pursuant 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 1
is DISMISSED. The Clerk is directed to enter judgment accordingly, terminate all
pending motions, and close the file. See Order for further details. Signed by Senior
Judge 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 64 Order, 65 Judgment by Neil J. Gillespie. Filing fee not

paid. (MJT) (Entered: 03/05/2012)

03/05/2012

03/09/2012

TRANSMITTAL of initial appeal package to USCA consisting of certified copies of

notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable
to USCA re 66 Notice of appeal. (MJT) (Entered: 03/05/2012)
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 66

Notice 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 67 Motion for leave to appeal in forma pauperis/affidavit of

indigency; denying 68 Motion 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 69 ORDER denying 67 Motion for leave to

appeal in forma pauperis/affidavit of indigency re 66 Notice 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 70 Plaintiff'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 70 Motion to Apply Funds Toward Filing Fees

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

08/07/2012

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

dismissing appeal for want of prosecution because the appeallant has failed to pay the
filing 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

Case 5:10-cv-00503-WTH-DAB Document 1

Filed 09/28/10 Page 1 of 39

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Filed 09/28/10 Page 2 of 39

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0000-0099/0043/Sections/0043.26.html

Select Year:

The 2014 Florida Statutes

Title V
JUDICIAL BRANCH

Chapter 43
COURTS: GENERAL PROVISIONS

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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, or
administrative 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.

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

GENERAL CIVIL DIVISION

NEIL J. GILLESPIE,

Plaintiff,
Vs.

Case No. OS-CA-720S

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
th
8092 SW 11S Loop
Ocala, Florida 34481
Barker & Cook, P.A.
SOl East Kennedy Blvd., Suite 790
Tampa, FL. 33602
Ryan Christopher Rodems, Esquire
Morgan & Morgan, P.A.
20 N. Orange Avenue
Orlando, FL. 32801

ORIGINAL SIGNED
C~r'T
~

7- 201'1}

JAMES D. ARNOLD
CIRCUIT JUDGE

William J. Cook, Esquire

SOl East Kennedy Blvd., Suite 790
Tampa, FL. 33602
Pat Frank, Clerk of Court