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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).
________________________________________/
APPELLANTS MOTION TO EXTEND TIME
1.

Appellant pro se Neil J. Gillespie, an indigent/insolvent nonlawyer, unable to obtain

adequate counsel, a person with disabilities, and consumer of legal and court services affecting
interstate commerce, henceforth in the first person, hereby moves to extend time under Fla. R.
App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514, and states:
2.

This Courts Order entered April 30, 2015 states, Appellant's initial brief shall be served

within 20 days or this appeal will be dismissed. (Exhibit 1)


3.

I move to extend time for 30 days under Rule 9.300(a), and Rule 2.514 as follows.

4.

I have not been able to obtain adequate counsel to represent me.


Table of Contents

This Courts response to my Title II ADA Accommodation Request shows justification


for a counsel appointment. Counsel has not yet been appointed.

II

Conflict of interest with the firm Morgan & Morgan and Ryan Christopher Rodems.

III

Chief Inspector General Complaint Against the 2DCA to Melinda M. Miguel, CIG

IV

Other Grounds for Civil Counsel Appointment

I.

This Courts response to my Title II ADA Accommodation Request

5.

This Courts response to my Title II ADA Accommodation Request by Marshal Jo

Haynes shows this Court has the duty and authority to appoint counsel, notwithstanding the
denial by Marshal Haynes. I await appointment of counsel, without a conflict of interest.
6.

The email response of Marshal Jo Haynes appears at Exhibit 2 and states:


Mr. Gillespie,
I have reviewed your request and supporting documents. Your request must be denied
because legal representation relates to a service outside the court system.

7.

In rebuttal to Marshal Haynes, the court system appoints counsel every day as a service

within the court system. Therefore Marshal Haynes is not correct in her assessment and denial of
a counsel appointment under Title II of the ADA Amendments Act of 2008. I will limit my
comments in response to the denial provided by Marshal Haynes until directed otherwise.
8.

The court system appoints counsel as authorized by the Florida Constitution, Article V,

Judiciary, Section 14(a), funding for the state courts system...public defenders offices, and court
appointed counsel...shall be provided from state revenues appropriated by general law.
9.

Florida Constitution, Article V, Judiciary, Section 18. Public defenders. In each judicial

circuit a public defender shall be elected for a term of four years, who shall perform duties
prescribed by general law...
10.

Title V of the Florida Statutes govern the Judicial Branch, ch. 25 through ch. 44.

11.

Section 27.40(1) Counsel shall be appointed to represent any individual in a criminal or

civil proceeding entitled to court-appointed counsel under the Federal or State Constitution or as
authorized by general law. The court shall appoint a public defender to represent indigent
persons as authorized in s. 27.51. The office of criminal conflict and civil regional counsel shall
be appointed to represent persons in those cases in which provision is made for court-appointed

counsel but the public defender is unable to provide representation due to a conflict of interest or
is not authorized to provide representation.
12.

Section 27.40(2)(a) Private counsel shall be appointed to represent persons in those cases

in which provision is made for court-appointed counsel but the office of criminal conflict and
civil regional counsel is unable to provide representation due to a conflict of interest.
(b) Private counsel appointed by the court to provide representation shall be selected
from a registry of individual attorneys maintained under this section.
13.

Section 27.40(3) In using a registry:


(a) The chief judge of the circuit shall compile a list of attorneys in private practice, by
county and by category of cases, and provide the list to the clerk of court in each county.
The chief judge of the circuit may restrict the number of attorneys on the general registry
list. To be included on a registry, an attorney must certify that he or she:
1. Meets any minimum requirements established by the chief judge and by
general law for court appointment;
2. Is available to represent indigent defendants in cases requiring court
appointment of private counsel; and
3. Is willing to abide by the terms of the contract for services.

14.

Chapter 29, Fla. Stat. s. 29.007 Court-appointed counsel. - For purposes of implementing

s. 14, Art. V of the State Constitution, the elements of court-appointed counsel to be provided
from state revenues appropriated by general law are as follows:
(1) Private attorneys appointed by the court to handle cases where the defendant is
indigent and cannot be represented by the public defender or the office of criminal
conflict and civil regional counsel.

(2) When the office of criminal conflict and civil regional counsel has a conflict of
interest, private attorneys appointed by the court to represent indigents or other classes of
litigants in civil proceedings requiring court-appointed counsel in accordance with state
and federal constitutional guarantees and federal and state statutes.
Note: This section applies in any situation in which the court appoints counsel to protect
a litigants due process rights.
15.

The American Bar Association (ABA) has a "Civil Right to Counsel" page, "Law

Governing Appointment of Counsel in State Civil Proceedings", with 50 research reports, one
for each state detailing existing authority for appointment of counsel in various types of civil
proceedings. There is an Appendix: International Law Relating to Appointment of Counsel in
Civil Proceedings. [United States v. Duarte-Acero, 208 F. 3d 1282 (11th Cir. 2000) is a case
about International Law in Florida and the U.S. Eleventh Circuit.] The ABA Civil Right to
Counsel page is found at http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html
II

Conflict of interest with the firm Morgan & Morgan and Ryan Christopher Rodems.

16.

I request time to receive a response from John Bryan Morgan, managing partner of

Morgan & Morgan, to my letter (Appendix 1) on the representation and/or disqualification of the
firm Morgan & Morgan and Ryan Christopher Rodems in this matter.
17.

I received a letter dated December 16, 2014 from Mr. Rodems on the letterhead of

Morgan & Morgan (A1:1) in violation of sec. 784.048(4) Fla. Stat. and a court-imposed
prohibition of conduct of Hillsborough Judge Claudia Isom to refer to each other by surnames
in letters that have to do with this litigation.
18.

I consulted Mr. Morgan at Morgan & Morgan on October 10, 2011 about representation

in matters with Mr. Rodems (prior to his job there) that form the basis of this appeal. (A1:3,4).

III

Chief Inspector General Complaint Against the 2DCA to Melinda M. Miguel, CIG

19.

On May 19, 2015 I submitted a Complaint pursuant to sec. 20.055(1)(d), Florida Statutes,

against the Second District Court of Appeal, to Chief Inspector General Melinda M. Miguel. The
Complaint appears at Appendix 2. Previously on December 4, 2014 I submitted a Complaint
pursuant to Section 20.055(1)(d), Florida Statutes, against the Second District Court of Appeal,
to Greg White, Inspector General, Office of Inspector General, State Courts System. IG White
refused to investigate the complaint. IG White wrote After reviewing some of the voluminous
material that you have sent to me, I conclude that your complaint is not creditable. It appears IG
White is biased toward me, and his decision reflects his bias: IG White failed to explain why my
complaint is not creditable.
20.

IG White is wrong in his statement:


Additionally, your legal issues are properly addressed through the judicial process and
this office will not be involved in any attempt to circumvent that process.

This complaint is directed only against the Florida Second District Court of Appeal. Misconduct
by individual judges will be brought by separate complaint to the appropriate agency. This is not
a Florida Bar complaint. Clearly IG White is biased against me, and refused his duty as IG.
21.

The Office of the Chief Inspector General was created in Section 14.32, Florida Statutes,

effective October 1, 1994. This office has the responsibility for promoting accountability,
integrity, and efficiency in state government. The Chief Inspector General has responsibility for
monitoring the activities of the Offices of Inspectors General in the state agencies that are under
the jurisdiction of the Governor. The Chief Inspector General also serves in accordance with
20.055, Florida Statutes, as the agency Inspector General for the Office of the Governor.

22.

My complaint against the 2dDCA shows serious wrongdoing by the Court. Therefore, a

reasonable person could conclude I could not get a fair hearing in the Florida Second District
Court of Appeal due to bias.
23.

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).
24.

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.
25.

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.

IV

Other Grounds for Civil Counsel Appointment

26.

As a nonlawyer I am not competent, and not diligent, as defined by the Rules Regulating

The Florida Bar. I am also a person with disabilities.

Florida Bar Rule 4-1.1 Competence. (Exhibit 3)

A lawyer shall provide competent representation to a client. Competent representation


requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary
for the representation.

Florida Bar Rule 4-1.3 Diligence. (Exhibit 4)

A lawyer shall act with reasonable diligence and promptness in representing a client.

Social Security Disability determination (Exhibit 5)

The Social Security Administration, Office of Disability, Notice of Award letter dated
August 23, 1993 said I met the medical requirements to receive Social Security benefits,
and found that I became disabled under its rules on January 17, 1992.

Fla. Stat. 413.30(2) disability determinations by other state or federal agencies

413.30(2) Determinations...pursuant to Title II or Title XVI of the Social Security Act


shall be considered to have a physical or mental impairment that constitutes or results in
a substantial impediment to employment and a significant disability.
27.

A counsel appointment under the ADA or based on disability is not contingent on finding

the person indigent. The only requirement is disability as defined under the law.
28.

In the event this Court rules to deny this motion, or deny the appointment of counsel, or

deny Title II ADA Accommodation, or deny this motion for any other reason, any such denial
would show grounds for a civil counsel appointment for due process under the Fourteenth
Amendment of the U.S. Constitution, and Powell vs. Alabama, 287 U.S. 45 for due process in
the constitutional sense.
MR. JUSTICE SUTHERLAND delivered the opinion of the Court...."If in any case, civil
or criminal, a state or federal court were arbitrarily to refuse to hear a party by counsel,
employed by and appearing for him, it reasonably may not be doubted that such a refusal

would be a denial of a hearing, and, therefore, of due process in the constitutional


sense..."
"...The right [p69] to be heard would be, in many cases, of little avail if it did not
comprehend the right to be heard by counsel. Even the intelligent and educated layman
has small and sometimes no skill in the science of law. If charged with crime, he is
incapable, generally, of determining for himself whether the indictment is good or bad.
He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be
put on trial without a proper charge, and convicted upon incompetent evidence, or
evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and
knowledge adequately to prepare his defense, even though he have a perfect one. He
requires the guiding hand of counsel at every step in the proceedings against him.
Without it, though he be not guilty, he faces the danger of conviction because he does not
know how to establish his innocence. If that be true of men of intelligence, how much
more true is it of the ignorant and illiterate, or those of feeble intellect. If in any case,
civil or criminal, a state or federal court were arbitrarily to refuse to hear a party by
counsel, employed by and appearing for him, it reasonably may not be doubted that such
a refusal would be a denial of a hearing, and, therefore, of due process in the
constitutional sense..."
Powell v. Alabama, 287 U.S. 45
Argued: October 10, 1932
Decided: November 7, 1932
224 Ala. 524, 531, 540, reversed.
29.

The Supreme Court of Florida has a duty and the authority to administratively provide

legal counsel under the Fourteenth Amendment of the U.S. Constitution for Due Process:
The Constitution states only one command twice. The Fifth Amendment says to the
federal government that no one shall be "deprived of life, liberty or property without due
process of law." The Fourteenth Amendment, ratified in 1868, uses the same eleven
words, called the Due Process Clause, to describe a legal obligation of all states. These
words have as their central promise an assurance that all levels of American government
must operate within the law ("legality") and provide fair procedures....
Due Process - Legal Information Institute - Cornell University
https://www.law.cornell.edu/wex/due_process
30.

Constitutional requirement of due process under Florida law:


Article 1, section 9, Florida Constitution.
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.

31.

Case law for due process under Florida Law:


10A Fla. Jur 2d Constitutional Law 480 (2007)
The guaranty of due process of law extends to every type of legal proceeding. Pelle v.
Diners Club, 287 So. 2d 737 (Fla. Dist. Ct. App. 3d Dist. 1974); Tomayko v. Thomas,
143 So. 2d 227 (Fla. Dist. Ct. App. 3d Dist. 1962). Whenever life, liberty, or property
rights are involved in any official action, the organic requirements of due process of law
must be afforded, whether such action is the exercise of the powers of government by
governmental departments, State ex rel. Barancik v. Gates, 134 So. 2d 497 (Fla. 1961);
Williams v. Kelly, 133 Fla. 244, 182 So. 881 (1938) or a duly authorized administrative
or ministerial function or duty. State ex rel. Barancik v. Gates. The constitutional
guaranty of due process of law applies not only to court and administrative procedures,
but also to legislative acts. Williams v. U.S., 179 F.2d 644 (5th Cir. 1950), cert. granted,
340 U.S. 849, 71 S. Ct. 77, 95 L. Ed. 622 (1950) and judgment aff'd, 341 U.S. 70, 71 S.
Ct. 581, 95 L. Ed. 758 (1951) (implied overruling on other grounds recognized by, U.S.
v. McDermott, 918 F.2d 319 (2d Cir. 1990)) and (overruling on other grounds recognized
by, Brzonkala v. Virginia Polytechnic Institute and State University, 169 F.3d 820, 136
Ed. Law Rep. 15 (4th Cir. 1999)).
10A Fla. Jur 2d Constitutional Law 483 (2007)
Due process encompasses both substantive and procedural due process. McKinney v.
Pate, 20 F.3d 1550 (11th Cir. 1994); M.W. v. Davis, 756 So. 2d 90, 25 Fla. L. Weekly
S334 (Fla. 2000); State v. O.C., 748 So. 2d 945, 24 Fla. L. Weekly S425 (Fla. 1999).
WHEREFORE I respectfully move this Court to extend time for 30 days under Rule

9.300(a), and Rule 2.514, grant appointment of counsel under Title II of the ADA, and include a
general request that the Court grant such other and further relief as it deems equitable.
RESPECFULLY SUBMITTED May 20, 2015.

Neil J. Gillespie, appellant pro se (nonlawyer)


8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807

Certificate of Service
I certify that the foregoing was served today May 20, 2015 through the Florida Courts
E-filing Portal by email as provided by Rule 2.516 Service of Pleadings and Documents.
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

John Bryan Morgan


Morgan & Morgan
20 N Orange Ave. Suite 1600
Orlando, FL 32801-4624
Email: jmorgan@forthepeople.com

Ryan Christopher Rodems


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

Melinda M. Miguel, Chief Inspector General


Email: Melinda.Miguel@eog.myflorida.com

Marshal Jo Haynes
Second District Court of Appeal
Email: HaynesJ@flcourts.org

RESPECTFULLY SUBMITTED May 20, 2015.

Neil J. Gillespie

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

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

April 30, 2015

CASE NO.: 2014-5388


L.T. No. : 05-CA-7205
Neil J. Gillespie
Appellant I Petitioner(s),

v.

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


Appellee / Respondent(s).

BY ORDER OF THE COURT:


Appellant's initial brief shall be served within 20 days or this appeal will be
dismissed.
I rlEREBY 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

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

"Jo Haynes" <HaynesJ@flcourts.org>


"'Neil Gillespie'" <neilgillespie@mfi.net>
Tuesday, December 16, 2014 3:14 PM
GillespieADA.pdf
RE: Gillespie ADA request 2D14-5388 Second District COA

Mr. Gillespie,
I have reviewed your request and supporting documents. Your request must be denied because legal
representation relates to a service outside the court system.
Regards,

Jo Haynes

Marshal, Second District Court of Appeal


863/499-2290
From: Neil Gillespie [mailto:neilgillespie@mfi.net]
Sent: Monday, December 15, 2014 11:57 PM
To: Jo Haynes
Cc: Jack Harkness; John A. Tomasino
Subject: Gillespie ADA request 2D14-5388 Second District COA

2
12/17/2014

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RULE 4-1.1 COMPETENCE


4 RULES OF PROFESSIONAL CONDUCT
4-1 CLIENT-LAWYER RELATIONSHIP

RULE 4-1.1 COMPETENCE


A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill,
thoroughness, and preparation reasonably necessary for the representation.
Comment
Legal knowledge and skill
In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the
relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the
field in question, the preparation and study the lawyer is able to give the matter, and whether it is feasible to refer the matter to, or
associate or consult with, a lawyer of established competence in the field in question. In many instances the required proficiency is
that of a general practitioner. Expertise in a particular field of law may be required in some circumstances.
A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is
unfamiliar. A newly admitted lawyer can be as competent as a practitioner with long experience. Some important legal skills, such
as the analysis of precedent, the evaluation of evidence and legal drafting, are required in all legal problems. Perhaps the most
fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily
transcends any particular specialized knowledge. A lawyer can provide adequate representation in a wholly novel field through
necessary study. Competent representation can also be provided through the association of a lawyer of established competence in
the field in question.
In an emergency a lawyer may give advice or assistance in a matter in which the lawyer does not have the skill ordinarily required
where referral to or consultation or association with another lawyer would be impractical. Even in an emergency, however,
assistance should be limited to that reasonably necessary in the circumstances, for ill-considered action under emergency conditions
can jeopardize the client's interest.
A lawyer may accept representation where the requisite level of competence can be achieved by reasonable preparation. This
applies as well to a lawyer who is appointed as counsel for an unrepresented person. See also rule 4-6.2.
Thoroughness and preparation
Competent handling of a particular matter includes inquiry into and analysis of the factual and legal elements of the problem, and
use of methods and procedures meeting the standards of competent practitioners. It also includes adequate preparation. The
required attention and preparation are determined in part by what is at stake; major litigation and complex transactions ordinarily
require more extensive treatment than matters of lesser complexity and consequence. The lawyer should consult with the client
about the degree of thoroughness and the level of preparation required as well as the estimated costs involved under the

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circumstances.
Maintaining competence
To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, engage in
continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.
[Revised: 05/22/2006]

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RULE 4-1.3 DILIGENCE


4 RULES OF PROFESSIONAL CONDUCT
4-1 CLIENT-LAWYER RELATIONSHIP

RULE 4-1.3 DILIGENCE


A lawyer shall act with reasonable diligence and promptness in representing a client.
Comment
A lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and
take whatever lawful and ethical measures are required to vindicate a client's cause or endeavor. A lawyer must also act with
commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. A lawyer is not bound,
however, to press for every advantage that might be realized for a client. For example, a lawyer may have authority to exercise
professional discretion in determining the means by which a matter should be pursued. See rule 4-1.2. The lawyer's duty to act with
reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process
with courtesy and respect.
A lawyer's workload must be controlled so that each matter can be handled competently.
Perhaps no professional shortcoming is more widely resented than procrastination. A client's interests often can be adversely
affected by the passage of time or the change of conditions; in extreme instances, as when a lawyer overlooks a statute of
limitations, the client's legal position may be destroyed. Even when the client's interests are not affected in substance, however,
unreasonable delay can cause a client needless anxiety and undermine confidence in the lawyer. A lawyer's duty to act with
reasonable promptness, however, does not preclude the lawyer from agreeing to a reasonable request for a postponement that will
not prejudice the lawyer's client.
Unless the relationship is terminated as provided in rule 4-1.16, a lawyer should carry through to conclusion all matters undertaken
for a client. If a lawyer's employment is limited to a specific matter, the relationship terminates when the matter has been resolved. If
a lawyer has served a client over a substantial period in a variety of matters, the client sometimes may assume that the lawyer will
continue to serve on a continuing basis unless the lawyer gives notice of withdrawal. Doubt about whether a client-lawyer
relationship still exists should be clarified by the lawyer, preferably in writing, so that the client will not mistakenly suppose the
lawyer is looking after the client's affairs when the lawyer has ceased to do so. For example, if a lawyer has handled a judicial or
administrative proceeding that produced a result adverse to the client and the lawyer and the client have not agreed that the lawyer
will handle the matter on appeal, the lawyer must consult with the client about the possibility of appeal before relinquishing
responsibility for the matter. See rule 4-1.4(a)(2). Whether the lawyer is obligated to prosecute the appeal for the client depends on
the scope of the representation the lawyer has agreed to provide to the client. See rule 4-1.2.
[Revised: 05/22/2006]

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About the Bar


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News, Events &


Publications
Daily News Summary
The Florida Bar News
The Florida Bar Journal
News Releases
Calendars
Meetings
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Issue Papers
Publications

For the Public

Member Services

Directories

Attorney Discipline

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Search for a Lawyer

Consumer Information

Board Certification

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Speakers Bureau

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Browse Lawyers by Certification

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The Vote's in Your Court

Lawyers Advising Lawyers

Browse Lawyers by Committee

Fair & Impartial Courts

Florida Lawyers Assistance

Authorized House Counsel

Clients' Security Fund

E-filing Resources

Certified Foreign Legal

Prepaid Legal Services

Practice Resource Institute

Pro Bono/Legal Aid

Pro Bono Information

Unlicensed Practice of Law

Legislative Activity

Research &
Professionalism
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Fastcase Legal Research
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Professionalism

Lawyer Referral
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Consultant
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Judicial Nominating
Commissions

Social Security Administration


Retirement, Survivors and Disability Insurance
Notice of Award
Office of Disability and
International Operations
1500 Woodlawn Drive
Baltimore, Maryland 21241-0001
Date: August 23, 1993
Claim Number: 160-52-5117HA
NEIL J GILLESPIE
266 7 AVE NE APT 5
ST PETERSBURG, FL 33701-2651

1 11 11.1 11111 1.1.111.1 11.11 11 11 1

We recently told you that you met the medical requirements to receive Social
Security benefits. Now we are writing to tell you that you meet the other
requirements. Therefore you qualify for monthly disability benefits from Social
Security beginning July 1992.
However, we cannot pay you for July 1992 through July 1993.
The Date You Became Disabled

We found that you became disabled under our rules on January 17, 1992. This is
different from the date given on the application.
Also, you have to be disabled for 5 full calendar months in a row before you can
be entitled to benefits. For these reasons, your first month of entitlement to
benefits is July 1992.
What We Will Pay And When

You will receive $1,185.00 for August 1993 around September 3, 1993.

After that you will receive $1,185.00 each month.

Your Benefits

We raised your monthly benefit amount beginning December 1992 because the
cost of living increased.
Enclosure(s):

Pub 05-10072

Pub 05-10153

See Next Page

. 160-52-5117HA

Page 2 of 3

Other Government Payments Affect Benefits

Besides the money we are sending you now, you may be due some more Social
Security money for July 1992 through July 1993. We must first subtract the
amount of your Supplemental Security Income payments for some or all of these
months from the Social Security money you are due. When we figure the
amount we have to subtract, we will send another letter to show how it was
done. If you are still due some money after the subtraction, we will also send
you a check.
Other Social Security Benefits

The benefit described in this letter is the only one you can receive from Social
Security. If you think that you might qualify for another kind of Social Security
benefit in the future, you will have to file another application.
Do You Disagree With The Decision?

If you think we are wrong, you have the right to appeal. A person who did not
make the first decision will decide your case. We will correct any mistakes. We
will review those parts of the decision which you believe are wrong and will look
at any new facts you have. We may also review those parts which you believe
are correct and may make them unfavorable or less favorable to you.

You have 60 days to ask for an appeal.

The 60 days start the day after you receive this letter.

You must have a good reason if you wait more than 60 days to ask for an
appeal.

Things To Remember For The Future

The doctors and other trained personnel who decided that you are disabled expect
your health to improve. Therefore, we will review your case in July 1994. We
will send you a letter before we start the review. Based on that review, your
benefits will continue if you are still disabled, but will end if no longer disabled.
For you to be considered disabled under our rules, your health problems must
keep you from doing not only your usual work, but also any other kind of
substantial gainful work.
Also, you must meet this requirement at the same time when you have earned
enough credits for work under Social Security. The last date when you will have
earned enough credits is December 1994.
Please read the enclosed pamphlet, "How You Earn Social Security Credits,"
which explains how the credits are earned and how many a person needs to
receive benefits.

Page 3 of 3

160-52-5117HA

Your Responsibilities

The decisions we made on your claim are based on information you gave us. If
this information changes, it could affect your benefits. For this reason, it is
important that you report changes to us right away.
We have enclosed a pamphlet, "When You Get Social Security Disability
Benefits...What You Need To Know." It will tell you what must be reported and
how to report. Please be sure to read the parts of the pamphlet which explain
what to do if you go to work or if your health improves.
If You Want Help With Your Appeal

You can have a friend, lawyer or someone else help you. There are groups that
can help you find a lawyer or give you free legal services if you qualify. There
are also lawyers who do not charge unless you win your appeal. Your local Social
Security office has a list of groups that can help you with your appeal.
If you get someone to help you, you should let us know. If you hire someone, we
must approve the fee before he or she can collect it. And if you hire a lawyer, we
will withhold up to 25 percent of any past due benefits to pay toward the fee.
If You Have Any Questions

If you have any questions, call us toll free at 1-800-772-1213. We can answer
most questions over the phone. You can also write or visit any Social Security
office. The office that serves your area is located at:
DISTRICT OFFICE
898 30TH AVE NORTH
ST PETERSBURG, FL 33704
If you do call or visit an office, please have this letter with you. It will help us
answer your questions.

Cl . ~ ~

//~~q
Louis D. Enoff
Acting Commissioner
of Social Security

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

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

May 28,2015

CASE NO.: 2D14-5388


L.T. No. : 05-CA-7205
Neil J. Gillespie
Appellant / Petitioner(s),

v.

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


Appellee / Respondent(s).

BY ORDER OF THE COURT:


The appellant's motion for extension of time is granted to the extent that the
appellant shall serve the initial brief, whether pro se or by retained counsel, within 30
days of this order.
The appellant's request for appellate counsel is denied.
I HEREBY CERTIFY that the foregoing is a true copy of the original court order.

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

William J. Cook
Pat Frank, Clerk

Barker, Rodems & Cook, P A

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DISTRICT COURT OF APPEAL

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MAY 28 2015
MAILED FROM ZIP CODE 33801

2014-5388

Neil J. Gillespie
8092 S W 115Th Loop
Ocala, FL 34481

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