Appellant's Notice and Motion To The Court 2D14-5388

Filing # 30093594 E-Filed 07/25/2015 06:33:10 PM
SECOND DISTRICT COURT OF APPEAL

STATE OF FLORIDA
NEIL J. GILLESPIE,
Appellant/Petitioner pro se (non-lawyer),
Appellate Case: 2D14-5388

Lower Tribunal Case: 05-CA-7205
vs.
BARKER, RODEMS & COOK, P.A. Et Al.,
Appellee/Respondent(s).
________________________________________/
APPELLANTS NOTICE AND MOTION TO THE COURT
Appellant/petitioner pro se Neil J. Gillespie, an indigent/insolvent non-lawyer, unable to
obtain adequate counsel, a person with disabilities, and a consumer of legal and court services
affecting interstate commerce, henceforth in the first person, hereby gives notice as follows:
1.
The Chief Inspector General has referred Case # 201505200004 involving this Court, the
Second District Court of Appeal, and mishandling of this matter by Greg White, Inspector
General, Office of Inspector General, State Courts System, to Florida Supreme Court Chief
Justice Jorge Labarga. Heather Robinson, Operations Manager for the Office of the Chief
Inspector General, provided a letter May 20, 2015 that appears at Exhibit 1 and states:
Dear Mr. Gillespie:
The Office of the Chief Inspector General received your complaint on May 20, 2015, in
which you expressed concerns about the handling of your case by the Supreme Courts,
Office of Inspector General.
Upon review of your information we have determined that the most appropriate official
to address your concerns is Florida Supreme Court Chief Justice, Jorge Labarga. You
may wish to contact Chief Justice Labarga by calling (850) 413-8371, or by writing to the
following address:
The Honorable Jorge Labarga, Chief Justice
Florida Supreme Court
500 South Duval Street
Tallahassee, FL 32399-1925
Thank you for bringing this matter to our attention.

2.
It appears the Clerk, James Birkhold, entered an Order May 28, 2015 (Exhibit 2) in
response to my Motion to Extend Time (Exhibit 3) that raised 4 issues, see the TOC page 1:
I
II
III
IV
3.
This Courts response to my Title II ADA Accommodation Request shows

justification for a counsel appointment. Counsel has not yet been appointed.
Conflict of interest with the firm Morgan & Morgan and Ryan Christopher Rodems.
Chief Inspector General Complaint Against the 2DCA to Melinda M. Miguel, CIG
Other Grounds for Civil Counsel Appointment
I hereby incorporate my Motion to Extend Time (Exhibit 3) filed May 20, 2015 here as if
set forth in full, especially parts I, III, and IV from the Table of Contents (TOC). In addition:
A.
Disability law is federal civil rights law. Section 504 of the Rehabilitation Act of
1973, Wikipedia. (Exhibit 9). https://en.wikipedia.org/wiki/Section_504_of_the_Rehabilitation_Act

Section 504 covers "any program or activity receiving Federal financial assistance". The Florida
State Court System receives Federal financial assistance, and is therefore subject to Section 504:
Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26,
1973), codified at 29 U.S.C. 701 et seq., is American legislation that guarantees certain
rights to people with disabilities. It was the first U.S. federal civil rights protection for
people with disabilities.[1] It took effect in May 1977. Because it was successfully
implemented over the next several years, it helped to pave the way for the Virginians
with Disabilities Act in 1985 and the 1990 Americans with Disabilities Act.
B.
I have a Right to Conflict-free counsel, http://en.wikipedia.org/wiki/Right_to_counsel
Whether counsel is retained or appointed, the defendant has a right to counsel without a
conflict of interest *. If an actual conflict of interest is present, and that conflict results in
any adverse effect on the representation, the result is automatic reversal.[17] The general
rule is that conflicts can be knowingly and intelligently waived,[18] but some conflicts
are unwaivable. [19]
*Wheat v. United States, 486 U.S. 153 (1988), conflicts of interest
[17] Burger v. Kemp, 483 U.S. 776 (1987); Cuyler v. Sullivan, 446 U.S. 335 (1980);
Holloway v. Arkansas, 435 U.S. 475 (1978).
[18] See United States v. Curcio, 680 F.2d 881 (2d Cir. 1982).
[19] See, e.g., United States v. Schwarz, 283 F.3d 76 (2d Cir. 2002); United States v.
Fulton, 5 F.3d 605 (2d Cir. 1993).
2
4.
The Clerks Order entered May 28, 2015 (Exhibit 2) states,

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.
5.
On information and belief, The Clerks Order entered May 28, 2015 (Exhibit 2) exceeded
the Clerks statutory authority and ministerial duty; The Clerk wrongly made judicial rulings:
The Clerk does not have jurisdiction to ignore/deny Chief Inspector General Case
#201505200004, which was referred to The Honorable Jorge Labarga, Chief Justice.
The Clerk does not have jurisdiction to deny this Courts response to my Title II ADA
Accommodation Request that shows justification for a counsel appointment.
The Clerk does not have jurisdiction to deny Other Grounds for Civil Counsel
Appointment, which requires judicial action.
6.
Therefore, The Clerks Order entered May 28, 2015 (Exhibit 2) is moot.
7.
It appears the Clerk, James Birkhold, entered an Order July 10, 2015 (Exhibit 4) stating:
Appellant's initial brief shall be served within 20 days or this appeal will be dismissed.
8.
Given the foregoing, and matters below, the Order of July 10, 2015 may be premature.
9.
This appeal is directed at the order of Judge James D. Arnold Oct-07-2014 (Exhibit 5),
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. 05-CA-7205 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.
DONE AND ORDERED in Chambers, at Tampa, Hillsborough County, Florida this 7th
day of October, 2014.
10.
On July 22, 2015, Dale K. Bohner, Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida, informed me by email of a serious breach of the record and case
docket in Case No. 05-CA-7205. Mr. Bohners email appears at Exhibit 6 and states:
Dear Mr. Gillespie,
This is the response to your July 17, 2015 public records request to the Clerk of the
Circuit Court, Hillsborough County, Florida for a certified copy of a document titled
Office of the Public Defenders Motion for Clarification in court record 05-CA-7205,
and a Clerks Determination of Indigency Status dated May 27, 2011 in the same court
record. You further state that you have forwarded an Amscot Money order in the amount
of $8.00 to cover the cost of the certified copies along with a UPS shipping envelope,
which we have now received.
Clerk staff has retrieved the court record for 05-CA-7205 from storage to comply with
your public records request. A review of the court record and docket indicates that the
Office of the Public Defenders Motion for Clarification is not filed in the court record
and it has not been entered in the docket. There is no explanation of why this document
was not filed or docketed in the court record. The motion is referenced in a subsequent
Order entered by the court. We have located the Clerks Determination of Indigency
Status and will provide you with a certified copy of that document. However, the Clerk
cannot make a certified copy of the motion because she does not have that document in
her custody. Upon request, the Clerk will provide you with documentation of these facts
to establish that she does not have the referenced motion in her custody and cannot make
a certified copy of the motion.
Regarding the payment of $8.00 for the two certified copies, we have elected to return
your payment of $8.00 rather than deposit your funds and issue a check to you for the
overpayment of $5.00 for the certified copy of the motion which the Clerk cannot
provide. The cost of receipting for and issuing return funds is more than the $3.00 cost of
the certified copy of the Clerks Determination of Indigency Status. You will not be
invoiced for that $3.00 cost.
Thank you.
Dale K. Bohner,
Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida
P.O. Box 1110, Tampa, FL 33601
(813) 307-7015
bohnerd@hillsclerk.com
11.
I responded to Mr. Bohner by email (Exhibit 7/with attachments/54pages) on Thursday,
July 23, 2015 at 12:58 AM, and to Clerk Pat Frank, Joy Mestas, Doug Bakke, Dana Caranante, and
Holly Seidel, and wrote:
Dale K. Bohner,
(813) 307-7015
Mr. Bohner:
In response to your email, I accept your offer: "Upon request, the Clerk will provide you
with documentation of these facts to establish that she does not have the referenced
motion in her custody and cannot make a certified copy of the motion."
You wrote, "the Clerk cannot make a certified copy of the motion because she does not
have that document in her custody." You have the motion in your custody that I sent you
in paper format. Otherwise see attached section 71.011 Reestablishment of papers,
records, and files. Likewise, see section 71.031 Reestablishment of proceedings in
pending actions. This action is pending in the 2dDCA, Case Number: 2D14-5388 NonFinal Civil Other Notice from Hillsborough County.
Attached is a transcript of the June 1, 2011 hearing where Mike Peacock appeared and
argued his "Office of the Public Defenders Motion for Clarification". Please file this
transcript in the case immediately.
I need 4 additional records certified. Non-certified copies are attached for identification.
Clerks receipt for $50 (need certified copy), see composite of clerks determination
Court Minutes Jun-01-11 (need certified copy), see Docket page 23 case 05-CA-7205
ORDER PROHIBITING PLAINTIFF FROM APPEARING PRO SE (need certified copy)
ORDER RESCINDING WRIT OF BODILY ATTACHMENT (need certified copy)
You may deduct the cost of the above records from the $8.00 money order I sent, since
you waived the other certified record costs.
You wrote, "There is no explanation of why this document was not filed or docketed in
the court record.". Yes, there is an explanation: The public defender is trying to deny the
counsel appointment was made. See attached the email of attorney Nicole Hanscom July14-2015 failing to provide public records, and attached 30 page composite record request
and supporting documents.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
Email: neilgillespie@mfi.net
12.
I sent a follow-up email to Mr. Bohner (Exhibit 8/with attachments/41 pages) on Thursday,
July 23, 2015 at 11.54 AM, and to Clerk Pat Frank, Joy Mestas, Doug Bakke, Dana Caranante, and
Holly Seidel, and wrote:
Dale K. Bohner,
(813) 307-7015
RE: June 1, 2011 hearing transcript, and Office of the Public Defenders Motion for
Clarification, also filed in U.S. District Court, Middle District of Florida, Ocala Division
Mr. Bohner:
The missing public defender motion of June 1, 2011, and the original transcript of the
hearing June 1, 2011, are filed in U.S. District Court, Middle District of Florida, Ocala
Division, Case No. 5:10-cv-00503-WTH-TBS.
Please find attached the notice of filing original transcripts, 2 pages, part of a 33 page
composite.
Case 5:10-cv-00503-WTH-TBS Document 41 Filed 07/15/11 Page 1 of 2 PageID 1371
Doc 41 PACER TRANSCRIPT hearing June 1, 2011 public defender motion 33p
The actual transcripts are filed but do not appear on the federal courts PACER, public
access to court electronic records. However the transcript company, Berryhill &
Associates, Inc., can provide Hillsborough what is needed to file, according to my
discussion with them yesterday.
Also see Doc 33 PACER Public Defender Motion etc composite 5p
The Office of the Public Defenders Motion for Clarification was filed as Exhibit 3 to
Plaintiffs Motion to Strike or Set Aside Mr. Rodems Notice of Assignment of Claims and
Motion for Dismissal of Action with Prejudice, and Motion to Strike or Set Aside
Settlement Agreement and General Mutual Release. The motion (Doc 33) is 132 pages
with exhibits, see PACER:
Case 5:10-cv-00503-WTH-DAB Document 33 Filed 06/30/11 Page 1 of 33 PageID 604
See attached Exhibit 3, Office of the Public Defenders Motion for Clarification (3 pages)
Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 18 of 99 PageID 654
See attached Exhibit 4, Order Relieving the Office of the Public Defender of the Thirteenth
Judicial Circuit from Representation of Plaintiff Neil J. Gillespie (1 page)
See attached Exhibit 5, Writ of Bodily Attachment
Thank you for your consideration.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
13.
14.
I received by UPS delivery Thursday July 23, 2015 from Mr. Bohner:
Mr. Bohners letter dated July 22, 2015 Re: Public Records Request-July 17, 2015, with a
certified copy of the Clerks Determination of Indigency Status May 27, 2011, a returned
$8.00 money order, and a UPS shipping label and envelope; a 5 page composite. (Exhibit 10)
The Case Docket in this Case Number 2D14-5388 shows my affidavit of insolvency filed
November 19, 2014 has not yet been ruled on by this Court, the Second District Court of Appeal.
The lower tribal determined insolvency November 21, 2014. (Case No. 05-CA-7205)
15.
Letter May 26, 2015 of Ryan Christopher Rodems in lieu of response from John Morgan:
Re: Your letter of May 19, 2015
Dear Mr. Gillespie:
(Exhibit 12)
Your letter of May 19,2015 was forwarded to me. Please refer to my December 16, 2014
letter. I am not a party to any litigation in which you are a party, regardless of whether
the Courts include me on a service list. Morgan & Morgan, P.A. does not represent me.
Best wishes going forward.
7
16.
Conclusion.
The ADA/Section 504 is federal disability civil rights law that cannot be overturned by a
clerk. Clerk James Birkhold exceeded his statutory authority and ministerial duty as Clerk, to
instead rule as a judge, requiring additional time to respond in 2D14-5388. (Exhibit 5). Title II
ADA became a double case here: The initial merits case; and another case for Title II ADA.
The Chief Inspector General has referred Case # 201505200004 involving this Court, the
Second District Court of Appeal, and mishandling of this matter by Greg White, Inspector
General, Office of Inspector General, State Courts System, to Florida Supreme Court Chief
Justice Jorge Labarga, by letter May 20, 2015. (Exhibit 1).
My affidavit of insolvency filed November 19, 2014 has not been ruled on by this Court
On July 22, 2015, Dale K. Bohner, Legal Counsel to Pat Frank, Clerk of the Circuit
Court, Hillsborough County, informed me by email of a serious breach of the record and case
docket in Case No. 05-CA-7205, that calls into question the security of its internal systems. I do
not have information of direct wrongdoing by Clerk Pat Frank or Mr. Bohner. Rather, persons of
trust, such as Ryan Christopher Rodems, an officer of the court, and the Public Defender of the
13th Judicial Circuit, have exploited weakness in the Clerks internal systems to engage in
conduct involving dishonesty, fraud, deceit, or misrepresentation [Bar Rule 4-8.4(c)]; engaged in
conduct in connection with the practice of law that is prejudicial to the administration of justice
[Bar Rule 4-8.4(d)]; knowingly assisted a judge(s) in conduct that is a violation of applicable
rules of judicial conduct or other law [Bar Rule 4-8.4(f)]; and failed to report misconduct of
other lawyers [Bar Rule 4-8.3(a)]; and failed to report misconduct of judges. [Bar Rule 4-8.3(b)].
A breach of the Clerks financial system in the same case, 05-CA-7205, also involves
Ryan Christopher Rodems. Jeff Atwater, Chief Financial Officer, has not provide public records
requested December 18, 2014. (Exhibit 11). Tracking number 165758. Clerk Frank has not
adequately explained how Mr. Rodems was able to compromise the security of the Clerks
financial records, and neither has CFO Jeff Atwater explained the breach of security.
WHEREFORE I respectfully move this Court to extend time for 60 days under Rule
9.300(a), and Rule 2.514, grant appointment of counsel under Title II of the ADA/Section 504,
or in the alternative, grant leave to file a proper motion for the appointment of counsel under
Title II of the ADA/Section 504; and/or grant leave to file a proper motion for the appointment
of counsel on other grounds; and to hold this case in abeyance until The Hon. Jorge Labarga,
Chief Justice, Supreme Court of Florida, determines Florida Chief Inspector General Case #
201505200004; and to hold this case in abeyance until a determination is made concerning a
serious breach of the record and case docket in Case No. 05-CA-7205; and I include a general
request that the Court grant such other and further relief as it deems equitable.
RESPECFULLY SUBMITTED July 25, 2015.
Neil J. Gillespie
Appellant/Petitioner pro se (non-lawyer)
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Certificate of Service
I hereby certify that today July 25, 2015 I served the forgoing APPELLANTS NOTICE
AND MOTION TO THE COURT to the following names through the Florida Courts E-filing
Portal as provided by Rule 2.516 Service of Pleadings and Documents:
Hon. John A. Tomasino, Clerk of the Supreme Court, for,
The Honorable Jorge Labarga, Chief Justice, Supreme Court of Florida
Email: fsc-service@flcourts.org
Hon. Melinda M. Miguel, Florida Chief Inspector General

Email: Melinda.Miguel@eog.myflorida.com
Hon. Jeff Atwater, Florida Chief Financial Officer (CFO)
Email: Jeff.Atwater@myfloridacfo.com
Hon. James Birkhold, Clerk, Second District Court of Appeal
Email: Birkholj@flcourts.org
Tami McCarroll, Chief Deputy Clerk, Second District Court of Appeal
Email: mccarrot@flcourts.org
Jo Haynes, Marshal, Second District Court of Appeal
Email: HaynesJ@flcourts.org
Hon. Pat Frank, Clerk of the Circuit Court, Hillsborough County, Florida
Email: frankp@hillsclerk.com
Dale K. Bohner, Legal Counsel to the Hon. Pat Frank, Clerk
Email: bohnerd@hillsclerk.com
Julianne M. Holt, Public Defender of the 13th Judicial Circuit, and The Law
Offices of Julianne M. Holt, Email: jholt@pd13.state.fl.us
John Bryan Morgan, Esq., Morgan & Morgan, P.A.
Email: jmorgan@forthepeople.com
Ryan Christopher Rodems, Esq., Morgan & Morgan, P.A.
Email: rrodems@forthepeople.com
Barker, Rodems & Cook, P.A. n.k.a. Barker & Cook, P.A., William J. Cook, Esq.
Email: wcook@barkercook.com
Neil J. Gillespie
Appellant/Petitioner pro se (non-lawyer)
10
Appendix of Exhibits
CASE NO.: 2D14-5388
APPELLANTS NOTICE AND MOTION TO THE COURT
Exhibit 1
Letter May 20, 2015 Heather Robinson for Chief Inspector General Miguel, 2p
Exhibit 2
Clerk Birkholds Order May-28-2015, granted EOT, denied counsel, ignored CIG, 2p
Exhibit 3
APPELLANTS MOTION TO EXTEND TIME, CASE NO.: 2D14-5388, 19p
Exhibit 4
Clerk Birkholds Order June 10, 2015, CASE NO.: 2D14-5388,
Exhibit 5
ORDER Judge James D. Arnold, denied Application for Order October 7, 2014
Exhibit 6
Email July 22, 2015 of Dale Bohner, Counsel to Clerk Pat Frank to Neil Gillespie
Exhibit 7
Email1 July 23, 2015 of Neil Gillespie to Dale Bohner, Counsel to Clerk Pat Frank
Exhibit 8
Email2 July 23, 2015 of Neil Gillespie to Dale Bohner, Counsel to Clerk Pat Frank
Exhibit 9
Section 504 of the Rehabilitation Act - Wikipedia
Exhibit 10
Letter July 22, 2015 of Dale Bohner, Counsel to Clerk Pat Frank to Neil Gillespie, Re: Public
Records Request-July 17, 2015, with a certified copy of the Clerks Determination of Indigency Status May
27, 2011, a returned $8.00 money order, and a UPS shipping label and envelope; a 5 page composite
Exhibit 11
Email Dec-18-2014 records request Jeff Atwater, Chief Financial Officer
Exhibit 12
Letter May 26, 2015 of Ryan Christopher Rodems in lieu of John Morgan
STATE OF FLORlDA
<!&ffice of tbe
~obernor
THE CAPITOL
TALLAHASSEE, FLORIDA 32399-0001
www.flgov.com
850-488-7146
850-487-0801 fax
RICKSCOTI
GOVERNOR
May 20,2015
Mr. Neil Gillespie

8092 S.W. 115th Loop
Ocala, FL 34481
RE:
Chief Inspector General Case # 201505200004
Dear Mr. Gillespie:

The Office of the Chief Inspector General received your complaint on May 20, 2015, in
which you expressed concerns about the handling of your case by the Supreme Courts, Office of
Inspector General.
Upon review of your information we have determined that the most appropriate official to
address your concerns is Florida Supreme Court Chief Justice, Jorge Labarga. You may wish to
contact Chief Justice Labarga by calling (850) 413-8371, or by writing to the following address:
The Honorable Jorge Labarga, Chief Justice
Florida Supreme Court
500 South Duval Street
Tallahassee, FL 32399-1925
Thank you for bringing this matter to our attention.
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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
William J. Cook
Pat Frank, Clerk
Barker, Rodems & Cook, P A
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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
III
IV
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
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
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
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.
8
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
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
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
April 30, 2015
CASE NO.: 2014-5388

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


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:
Neil J. Gillespie
William J. Cook
Pat Frank, Clerk
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
http://www.floridabar.org/divexe/rrtfb.nsf/FV/63890D65476BC14985257170006C3936
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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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
July 10, 2015
CASE NO.: 2D14-5388

L.T. No. : 05-CA-7205
Neil J. Gillespie
v.


dismissed.
Served:
Neil J. Gillespie
William J. Cook
Pat Frank, Clerk
ec
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8092 S W 115Th Loop
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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
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
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JAMES D. ARNOLD
CIRCUIT JUDGE
William J. Cook, Esquire

SOl East Kennedy Blvd., Suite 790
Tampa, FL. 33602
Pat Frank, Clerk of Court
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Page 1 of 2
Neil Gillespie
From:
To:
Cc:
Sent:
Subject:
"Bohner, Dale" <bohnerd@hillsclerk.com>

"Neil Gillespie" <neilgillespie@mfi.net>
"Frank, Pat" <Frankp@hillsclerk.com>; "Seidel, Holly" <holly.seidel@hillsclerk.com>; "Seidel, Holly"
<holly.seidel@hillsclerk.com>
Wednesday, July 22, 2015 11:05 AM
RE: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015
Dear Mr. Gillespie,

This is the response to your July 17, 2015 public records request to the Clerk of the Circuit
Court, Hillsborough County, Florida for a certified copy of a document titled Office of the Public
Defenders Motion for Clarification in court record 05-CA-7205, and a Clerks Determination of
Indigency Status dated May 27, 2011 in the same court record. You further state that you have
forwarded an Amscot Money order in the amount of $8.00 to cover the cost of the certified copies along
with a UPS shipping envelope, which we have now received.
Clerk staff has retrieved the court record for 05-CA-7205 from storage to comply with your
public records request. A review of the court record and docket indicates that the Office of the Public
Defenders Motion for Clarification is not filed in the court record and it has not been entered in the
docket. There is no explanation of why this document was not filed or docketed in the court record. The
motion is referenced in a subsequent Order entered by the court. We have located the Clerks
Determination of Indigency Status and will provide you with a certified copy of that document.
However, the Clerk cannot make a certified copy of the motion because she does not have that document
in her custody. Upon request, the Clerk will provide you with documentation of these facts to establish
that she does not have the referenced motion in her custody and cannot make a certified copy of the
motion.
Regarding the payment of $8.00 for the two certified copies, we have elected to return your
payment of $8.00 rather than deposit your funds and issue a check to you for the overpayment of $5.00
for the certified copy of the motion which the Clerk cannot provide. The cost of receipting for and
issuing return funds is more than the $3.00 cost of the certified copy of the Clerks Determination of
Indigency Status. You will not be invoiced for that $3.00 cost.
Thank you.
Dale K. Bohner,
(813) 307-7015
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
CONFIDENTIALITY NOTICE: The information contained in this email message is intended for the personal and confidential use of the
recipient(s) designated above. This message may contain information that is privileged, confidential and exempt from disclosure under
applicable law and any unauthorized or inadvertent use, receipt, disclosure, dissemination or distribution of such information shall not waive
any such privilege. If you are not an intended recipient of this message, and/or you have received this message in error, then please notify the
sender at (813) 307-7015. Any unauthorized and/or unintended review, use, dissemination, distribution or reproduction of this message, or
any of the information contained in it, is strictly prohibited.
6
7/23/2015
Page 2 of 2

Sent: Monday, July 20, 2015 7:00 PM
To: Bohner, Dale; Frank, Pat; Joy Mestas; Caranante, Dana; Bakke, Doug; Seidel, Holly
Cc: Neil Gillespie
Subject: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July 21-2015
7/23/2015
Page 1 of 3
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:

"Bohner, Dale" <bohnerd@hillsclerk.com>; "Pat Frank" <frankp@hillsclerk.com>; "Joy Mestas"
<Mestas@hillsclerk.com>; "Doug Bakke" <bakke@hillsclerk.com>; "Dana Caranante"
<Caranant@hillsclerk.com>
"Frank, Pat" <Frankp@hillsclerk.com>; "Seidel, Holly" <holly.seidel@hillsclerk.com>; "Neil Gillespie"
<neilgillespie@mfi.net>
Thursday, July 23, 2015 12:58 AM
71.011 Reestablishment of papers, records, and files.pdf; Clerk's receipt for $50 (need certified copy),
composite of clerk's determination.pdf; Case docket 2D14-5399 (11.59pm) Jul-22-15.pdf; Court
Minutes Jun-01-11 (need certified copy), see Docket page 23 case 05-CA-7205.pdf; ORDER
PROHIBITING PLAINTIFF FROM APPEARING PRO SE (need certified copy).pdf; ORDER
RESCINDING WRIT OF BODILY ATTACHMENT (need certified copy).pdf; TRANSCRIPT Judge
Arnold hearing MIKE PEACOCK Jun-01-2011 in 05-CA-7205.pdf; Email of Nicole Hanscom July-142015 claims Gillespie not a client 30p.pdf; 71.031 Reestablishment of proceedings in pending
actions.pdf
Re: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015
Dale K. Bohner,
(813) 307-7015
Mr. Bohner:
In response to your email, I accept your offer: "Upon request, the Clerk will provide you with
documentation of these facts to establish that she does not have the referenced motion in her custody and
cannot make a certified copy of the motion."
You wrote, "the Clerk cannot make a certified copy of the motion because she does not have that
document in her custody." You have the motion in your custody that I sent you in paper format.
Otherwise see attached section 71.011 Reestablishment of papers, records, and files. Likewise, see
section 71.031 Reestablishment of proceedings in pending actions. This action is pending in the 2dDCA,
Case Number: 2D14-5388 Non-Final Civil Other Notice from Hillsborough County.
Attached is a transcript of the June 1, 2011 hearing where Mike Peacock appeared and argued his
"Office of the Public Defenders Motion for Clarification". Please file this transcript in the case
immediately.
I need 4 additional records certified. Non-certified copies are attached for identification.
Clerks receipt for $50 (need certified copy), see composite of clerks determination
Court Minutes Jun-01-11 (need certified copy), see Docket page 23 case 05-CA-7205
ORDER PROHIBITING PLAINTIFF FROM APPEARING PRO SE (need certified copy)
ORDER RESCINDING WRIT OF BODILY ATTACHMENT (need certified copy)
You may deduct the cost of the above records from the $8.00 money order I sent, since you waived the
other certified record costs.
You wrote, "There is no explanation of why this document was not filed or docketed in the court
7
7/23/2015
Page 2 of 3
record.". Yes, there is an explanation: The public defender is trying to deny the counsel appointment was
made. See attached the email of attorney Nicole Hanscom July-14-2015 failing to provide public
records, and attached 30 page composite record request and supporting documents.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
----- Original Message ----From: Bohner, Dale
To: Neil Gillespie
Cc: Frank, Pat ; Seidel, Holly ; Seidel, Holly
Sent: Wednesday, July 22, 2015 11:05 AM
Subject: RE: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015
Dear Mr. Gillespie,

forwarded an Amscot Money order in the amount of $8.00 to cover the cost of the certified copies
along with a UPS shipping envelope, which we have now received.
docket. There is no explanation of why this document was not filed or docketed in the court record.
The motion is referenced in a subsequent Order entered by the court. We have located the Clerks
However, the Clerk cannot make a certified copy of the motion because she does not have that
document in her custody. Upon request, the Clerk will provide you with documentation of these facts
to establish that she does not have the referenced motion in her custody and cannot make a certified
copy of the motion.
Thank you.
Dale K. Bohner,
7/23/2015
Page 3 of 3

(813) 307-7015
any such privilege. If you are not an intended recipient of this message, and/or you have received this message in error, then please notify
the sender at (813) 307-7015. Any unauthorized and/or unintended review, use, dissemination, distribution or reproduction of this message,
or any of the information contained in it, is strictly prohibited.

Cc: Neil Gillespie
Subject: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July 212015
7/23/2015
http://199.242.69.70/pls/ds/ds_docket
Case Number: 2D14-5388

Non-Final Civil Other Notice from Hillsborough County
NEIL J. GILLESPIE vs. BARKER, RODEMS & COOK, P. A., ET AL.,
Lower Tribunal Case(s): 05-CA-7205
Right-click to copy shortcut directly to this page

07/22/2015 11:59
Date
Docketed
11/19/2014
11/19/2014
11/24/2014
12/05/2014
Description
Notice of Appeal Filed
LOWER TRIBUNAL
TRANSMITTAL COVER
SHEET
Affidavit
order appealed
LOWER TRIBUNAL
INSOLVENCY
LOWER TRIBUNAL
TRANSMITTAL COVER
SHEET
Miscellaneous Order
OBJECTION
12/05/2014
Notice
12/11/2014
Deny Miscellaneous
Motion-79a
Order for Immediate Filing 05/20/2015
of Brief
Mot. for Extension of time to
Neil J. Gillespie
file Initial Brief
ALL OTHER MOTIONS
Neil J. Gillespie
APPENDIX/ATTACHMENT
ALL OTHER MOTIONS
Neil J. Gillespie
APPENDIX/ATTACHMENT
ORDER GRANTING EOT 06/27/2015
FOR INITIAL BRIEF
Deny Miscellaneous
Motion-79a
11/19/2014
11/20/2014
11/21/2014
11/21/2014
04/30/2015
05/20/2015
05/20/2015
05/20/2015
05/28/2015
05/28/2015
Date Due Filed By

Neil J. Gillespie
Notes
OF INSOLVENCY - NOT RULED ON
Neil J. Gillespie
Neil J. Gillespie
JB
NOTICE OF OBJECTION TO THE
2dDCA HEARING THIS CAUSE
NOTICE OF COMPLIANCE WITH
RULE 2.516 AND DESIGNATION OF
E-MAIL ADDRESS
JT-to change tribunal(mot contained
within 12/5/14 notice of objection)
JB-IB(20) or dism
Appendix Volume No. 1 (Rule 9.220, Fla.

R. App. P.)
Appendix Volume No. 2 (Rule 9.220, Fla.
R. App. P.)
JT
JT-AA's request for appellate counsel
contained within AA's mot for eot
http://199.242.69.70/pls/ds/ds_docket
Date
Docketed
07/10/2015
Description
Order for Immediate Filing
of Brief
Date Due Filed By

07/30/2015
Notes
JB-IB(20) or dism
July 10, 2015
CASE NO.: 2D14-5388

L.T. No. : 05-CA-7205
Neil J. Gillespie
v.


dismissed.
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Neil J. Gillespie
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William J. Cook
Pat Frank, Clerk
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SECOND DISTRICT
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OF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY
CIVIL DIVISION
NEIL J. GILLESPIE,
Plaintiff,
CASE NO:
05-CA-7205
vs.
DIVISION:
IIJII
BARKER, RODEMS & COOK, P.A.,

a Florida corporation; WILLIAM
J. COOK,
Defendants.
-----------_/
TRANSCRIPT OF PROCEEDINGS
THE HONORABLE JAMES D. ARNOLD
BEFORE:
Circuit Court Judge

Hillsborough County Courthouse
TAKEN AT:
Tampa, Florida
DATE AND TIME:
June 1, 2011
11:00 a.m.
REPORTED BY:
Penny M. Appleton
ORIGINAL
Berryhill & Associates, Inc.

501 E. Kennedy Boulevard, Suite 775
Tampa, Florida 33602
(813) 229-8225
A P PEA RAN C E S
Ryan C. Rodems
Attorney at Law
Barker, Rodems & Cook, P.A.

400 North Ashley Drive, Suite 2100

Representing the Defendants
Mike Peacock
6
Administrative Counsel
Law Office of Julianne M. Holt
Public Defender
Thirteenth Judicial Circuit
700 E. Twiggs Street, Fifth Floor

PO Box 172910

Representing the Public Defender's Office
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

501 East Kennedy Boulevard, Suite 775
1
2
THE COURT:
MR. RODEMS:
THE COURT:
5
6
cause.
Good morning.
Good morning, Your Honor.
Okay.
We're here on an order to show
Is that correct?
MR. RODEMS:
Yes, sir, Your Honor, and I'm
Christopher Rodems on behalf of Barker, Rodems & Cook,
P.A., and William J. Cook.
Thereupon, the following proceedings commenced:
THE COURT:
Okay.
I believe Mr. Gillespie was
10
personally served with my order ordering him to appear
11
to show cause why he should not be held in contempt for
12
his failure to give a deposition and to produce
13
documentation.
14
MR. RODEMS:
15
THE COURT:
16
MR. RODEMS:
Is that correct?
Yes, sir.
Okay.
The Marion County Sheriff's Office
17
sent me a return of service indicating that he was
18
served on May 11th of 2011.
19
court on May 25th.
20
fax from Mr. Gillespie, which he faxed to me an e-mail
21
that he send to David A. Roland and several others, and
22
he states in the letter to Mr. Roland, quote, I am not
23
attending the hearing today for the reasons stated in
24
the application to Justice Thomas, period, close quote.
25
I have a copy of this, if the Court would like it.
I did file that with the
I've also received, this morning, a
THE COURT:
MR. RODEMS:
To Justice Thomas?
Apparently, he's filed something with
the United States Supreme Court.
that here as well.
THE COURT:
MR. RODEMS:
THE COURT:
MR. PEACOCK:
There's a copy of
Like I said, I'll be happy to -
Sure.
hand it to you.
Mr. Peacock, good morning.
How are
you, sir?
10
THE COURT:
11
MR. PEACOCK:
Fine.
Thank you.
Fine.
How are you?
I'm here -
if I may just
12
interject, I have a motion.
13
counsel.
14
of the Office of the Public Defender.
15
attached to that motion an order that was entered by
16
the Clerk of Court appointing Ms. Holt's office to
17
represent who I believe to be the Plaintiff in this
18
cause.
19
for that appointment.
20
made on what would be a criminal affidavit of
21
indigency.
22
I've provided a copy to
This is a motion for clarification on behalf

You'll find
I don't believe there's any statutory authority

The appointment was actually
I cite the particular statutes of 27 -
Chapter 27
23
of Florida Statutes which limit the authority of the
24
Public Defender, and from all information that I am
25
aware of, I have no reason to believe that -
that
there's a basis for the appointment of the Office of
the Public Defender.
Based upon the interim order of the Court, though,
which is attached as Exhibit A to the motion, I appear
before you today because the clerk's determination
pursuant to statute says that the Officer of the Public
Defender is appointed until relieved by the Court.
would presume the Court would find it was appropriate
to relieve us, and I have prepared an order directing
10
that we be relieved because of the lack of a legal
11
basis for the appointment of Ms. Holt's office.
12
13
THE COURT:
Well, we are here on an order to show
cause in a civil contempt proceeding.
14
MR. PEACOCK:
15
THE COURT:
16
I understand.
We're not even here on a criminal
matter.
17
MR. PEACOCK:
18
THE COURT:
I understand that, Your Honor.

And I am not appointing a public
19
defender, and I am going to sign an order relieving the
20
public defender because this is not a criminal
21
proceeding.
22
MR. PEACOCK:
23
THE COURT:
24
pleasure to see you.
25
MR. PEACOCK:
Thank you, Your Honor.

Thank you, Mr. Peacock.
Always a
THE COURT:
Take care.
All right.
Let the record reflect that
Mr. Gillespie was personally served with my order
ordering him to appear this morning to show cause why
he should not be held in civil contempt of court for
his failure to give a deposition, appear at a
deposition, give a deposition and produce documents
requested pursuant to a subpoena duces tecum.
correct, counselor?
10
11
12
As a party of notice of deposition
duces tecum, Your Honor.

THE COURT:
Therefore, I'm going to issue a
13
warrant for his arrest and order that he be picked up
14
and brought before the Court to show cause why I
15
shouldn't hold him in civil contempt of court.
16
order is immediate arrest.
17
18
19
The
Is there anything else we need to take up this

morning?
MR. RODEMS:
20
referring to -
21
prepare?
Your Honor, is that writ that you're

is that something Your Honor will
I have prepared a proposed one.
22
THE COURT:
23
MR. RODEMS:
24
THE COURT:
25
MR. RODEMS:
Is that
I'll take a look at your proposed.

Yes, sir.
This just says for failure to appear
for deposition as ordered by the Court.
It should be
for failure to appear at deposition and produce
documents pursuant to the subpoena duces tecum.
MR. RODEMS:
THE COURT:
Yes, sir.
The only problem is it says for
immediate -- immediately within 48 hours; however, if
for some reason the gentleman is picked up in another
county, they would have to bring him back, and also the
fact that if he was picked up on a Friday evening, say,
at seven o'clock on a Friday evening, the 48 hours
10
would run on a Sunday evening, so I'm going to change
11
that to 72 hours.
12
hours.
13
MR. RODEMS:
14
THE COURT:
15
MR. RODEMS:
17
THE COURT:
19
20
Yes, sir, I will.
And also, for -- also, failure to
appear at deposition and to produce documents.
16
18
So if we make that change to 72
be correct.
Yes, sir, I will.
And also, your second page appears to
Okay.
MR. RODEMS:
Can you get me that this afternoon?
I'll have it to you before noon, Your
Honor.
21
THE COURT:
Thank you so much.
22
(The hearing concluded at 11:16 a.m.)
23
24
25
~
C E R T I F I CAT E
STATE OF FLORIDA
COUNTY OF HILLSBOROUGH
4
5
I, penny M. Appleton, Court Reporter for the
Circuit Court of the Thirteenth Judicial Circuit of the
State of Florida, in and for Hillsborough County,
8
9
DO HEREBY CERTIFY, that I was authorized to and

did, report in shorthand the proceedings and evidence in the
10
above-styled cause, as stated in the caption hereto, and
11
that the foregoing pages constitute a true and correct
12
transcription of my shorthand report of said proceedings and
13
evidence.
14
IN WITNESS WHEREOF, I have hereunto set my hand in
15
the City of Tampa, County of Hillsborough, State of Florida
16
this 2nd day of June, 2011.
17
18
19
20
21
22
23
24
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. Appleton

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Friday 7:8,9
from 3:20 4:24
G
gentleman 7:6
get 7: 18
Gillespie 1:3 3:9,20 6:3
give 3: 126:6,7
going 5:196:127:10
good 3:2,34:7,8
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hand 4:68:14
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have 3:254:12,255:9
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he 3: 11,17,20,21,226:5
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hearing 3:237:22
held 3:11 6:5
here 3:4 4:4,11 5:12,15
HEREBY 8:8
hereto 8: 10
hereunto 8:14
he's 4:2
Hillsborough 1:1,15 8:3
8:7,15
him 3:10 6:4,157:7
his 3:126:6,13
hold 6:15
Holt 2:6
Holt's4:165:11
Honor 3:3,6 4:85:17,22
5:256:11,19,207:20
HONORABLE 1:13
hours 7:5,9,11,12
How 4:8,10
however 7:5
I
13:9,18,22,254:4,11,12
4:17,18,22,24,255:4,7
5:9,14,17,18,196:14
6:21 7:13,168:1,1,5,8
8: 14
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immediate 6:167:5
immediately 7:5
in 1:1,1 3:11,22,234:17
5:136:5,157:68:7,9,9
8:10,14,14
Inc 1:23
indicating 3: 17
indigency 4:21
information 4:24
interim 5:3
interject 4: 12
is 3:5,134:13 5:4,7,20
6:8,16,17,19,207:4,6
issue 6:12
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June 1:17 8:16
just 4: 11 6:24
Justice 3:24 4: 1
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Kennedy 1:24
L
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Let 6:2
letter 3:22
like 3:254:4
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M 1:192:68:5,24
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Marion 3:16
matter 5:16
may 3:18,19 4:11
me 3:17,207:18
Mike 2:5
morning 3:2,3,194:7,8
6:4,18
motion 4:12,13,155:4
Mr 3:3,6,9,14,16,20,22
4:2,6,7,8,115:14,17,22
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7:3,13,16,19
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3:18,254:3,14,14,16
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6:10,158:2,3,6,6,7,12
8:12,15,15,15,16
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5: 14, 17,22,23,25
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period 3:24
personally 3: 10 6:3
picked 6:137:6,8
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pleasure 5:24
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presume 5:8
problem 7:4
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proceedings 1:123:1 8:9
8:12
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report 8:9,12
REPORTED 1: 19
Reporter 8:5
represent 4: 17
Representing 2:4,9
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right 6:2
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State 1:18:2,7,15
stated 3:23 8: 10
states 3:224:3
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statutes 4:22,23
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TRANSCRIPT 1: 12
transcription 8:12
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05-CA-7205 1:4
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.".,._".;:",_~--------,-.~-------
IN THE CIRCUIT/COUNTY COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

=-ST-:-ATE--:--Of=F::-LORID---=-A::-:--Yl......-'-'=-'--1-................:.;
D_lldallllllnor Child
{
\
~', 'E:
CASE NO.
/
APPLICATION FOR CRIMiNAL INDIGENT STATUS
'_lY"':'_1 A
AUM SEEKING THE APPOINTMENT OF THE PUBLIC DEFENDER
OR
_ I HAVE APRIVATE ATIORNEY OR AM SELF-REPRESENTED AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS
Notice to Applicant: The provision of a public defender/court appointed lawyer and costs/due process services are not free. Ajudgment and lien may be imposed against all real or
personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee tor each
application filed. If the application fee is not paid to the Cieri( of the Court within 7 days, it will be added to any costs that may be assessed against you at the conclusion of this case. If
you are a parent/guardian making this affidavit on behalf of a minor or tax-dependent adult, the information contained in this application must indude your income and assets.
.l!)..
1. Ihive
JHpendenm. (Do not incl children ';;'t IMng at home and do not include a working spouse or yourself.)
2. I hive I take home Income of $
paid ( ) weekly ( ) b~weekly ( ) semi-monthly ( ) monthly ( ) yearly
(Take home income equals salary, wages, bonu s, commissions. aUowances. overtime, tips and simHar payments. minus deductions required by law and other courl-orde19d
c:a
U~t
support payments)
3. I
hive
.k.
II
~:~~.~.~ ~.~~~.~ ~$"WO"thly ( ~~arty: (Ci~;:~:~:~~.~~.~~.~~~.~.~~~~~ this ki'1:S'~come. otherwise ci~o,
Union F
~$
compensation
Yes $
Yes $
Yes $
Yes t:
Wor1(ers compensation
Retirement/pensions
Trusts or gifts
Child support or other regular support

from family memberslspouse...... \,
Rental income.................................
Dividends or inlerest..........................
Other kinds of income not on the list......
Ihlve~~.:.:~~.~.~~~~.~~~~~/.~~.~.~~:so~thePbbothenmeClNO
Yes
Yes
Yes
Yes
use~:.~~~~~.~~.~~.:.~.~~~~~~$.).::~
"No."
Yes $@StocksIbonds.........................................Yes$,----'__
,"-
_
.
'Equity in Real estale (excluding homestead) Yes $,_-;1""""'-_ _--1
Yes $
'Equity meMS velue minus loans. Also list any e~
~0'
in an interest in such properly.
~'~~
~NO
Ustthe adcJress of this properly.
,~
I
Jd?=~~
Address
--'-_
'~~ "Lt..I~
City, Stale, Zi~
=0
r-"'"
County of Residence
:::;
5. Ihive a total amount of Illbillties Ind debts In the lmount of ..t't'~ ~
6. Ireceive: (Cirr:le "Yes" or "No'
~
4.
Bank accounI(s)
certificates of deposit or
money mari(et accounts
'Equity in MotorVehicleslBoats/
Othertangbleproperty
Ustthe yearlmakelmodel and tag#:
@>
sci-
()
(,))
Temporary Assistance tor Needy Famifies-Cash Assistance.........................

~s
Poverty-related veterans' benefits...............................................................................................................................................

Yes
Supplemental security Income (551)...............................................................................................................................................

Yes
7. I hive been ",leased on ball In lhellllOllnt of $ ~

Cash _ _ Surety _ _
PostIId by: Self _ _ Family __ Other
A person who knowingly provides false information to the der1( or the court in seeking a delennination of indigent status under s. 27.52, F.S., commits. a misdemeanor of the first degree,
punishable as provided in s. ns.082. F.S., or s. n5.083, F.S. I attest that the Information I have provided on this Application Is tru, and accurate to the best of my
knowledge.
;? 7
Signed this
Date of Birth
day of
J.1, ,
2olL.
S /9.. 19S-b
Print Full L
Driver's license or ID numbeb
'.'
al Name
'tC;! ,.~, S{, t??1~~~~S~te. Zip
Phone number
V-;;::~d
CLERK'S DETERMINATION
n the inJ nnation in this App.lieati6ii. I have detennined the applicant to be
~ent
".._~_The P blic DeJ nder is hereby appointed to the case listed above until relieved by the Court.
( ) Not Indigent
PAT FRANK
Cieri< of the Circuit Court

This fonn was completed with the assistance of
_ _Cler1<lDeputy Cler1<lOther authorized person
APPUCANTS FOUND NOT INDIGENT MAY SEEK REVIEW BY ASKING FOR A HEARING TIME. Sign here if you want the]Udge
to NYtew the clerk's decision of not Indigent.
06118/10
' .:.
RECEIPT
Clerk of Cil'CUit Court - CPROI
Receipt HIIIIN1': 2852815
Date:
21-11AY-2tll
Cashier:
_UlNA
Paro1':
MEIl 1 GILLESPIE
SII 115TH l.ID
OCAlA, Fl 34411
Adil1'eSSI 8fJ2
Desc1'iption
AIIount
Case: 15*117285.
GIllESPIEltEIl US BARKER RODE
Party: MEl 1 GILLESPIE
PI APPl fEE FS 27
49
PD APP FEE 27.52(
1.81
PD APPFEE 27.52 (
1.21
[;;
....~....... L._~
....o....-_~ _ _
~._
. _ ~ _ ._ _~ ~
Indigency Screening Unit
P.O. Box 1110

Tampa, FL 33601-1110
295
C5:- c.A
..
ATTN:
7~o5
CLERK OF THE CIRCUIT COURT
P.O. BOX 1110
TAMPA FL 336011110
__
__ _ _
_ _=___._~_.
__.__
__'_~.
_ ......
-=----"'-
http://pubrec10.hillsclerk.com/CaseDetail.aspx?CaseID=2143026
05/09/2011 ORDER FROM 2ND DCA

(5/6/11)AMENDED ORDER- PETITIONER'S PETITION FOR WRIT OF PROHIBITION IS DENIED. (2D11-2127). USER
ID=STANLEYB
05/16/2011 NOTICE OF SERVICE
USER ID=MALLARDJ
05/17/2011 CORRESPONDENCE
NEIL GILLESPIE NOT SIGNED. USER ID=MALLARDJ
05/17/2011 NOTICE OF FILING
AFFIDAVIT & INVENTORY OF PERSONAL PROPERTY OF NEIL J GILLESPIE ORIGINAL ATTACHED. USER ID=MALLARDJ
TRANSCRIPT OF PROCEEDINGS 05/03/2011 COPY ATTACHED. USER ID=MALLARDJ
05/17/2011 MOTION TO - FOR
VERIFIED MOTION WITH AFFIDAVIT TO PROCEED IN FORMA PAUPERIS. USER ID=HEALY
Party: GILLESPIE, NEIL J
05-04-11 : PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. ORDER NOW FINAL MAY 19, 2011.
2D11-2127. EM. USER ID=MANRESAE
05/20/2011 ORDER FROM SUPREME COURT
SUPREME COURT ORDER: 05-18-11 : THE PETITION FOR WRIT OF HABEAS CORPUS IS HEREBY DENIED. SC11-858. EM.
USER ID=MANRESAE
APPOINTMENT OF COUNSEL ADA ACCOMODATION REQUEST AND MEMORANDUM OF LAW. USER ID=MARTNEZ
APPOINTMENT OF COUNSEL ADA ACCOMODATION REQUEST AND MEMORANDUM OF LAW. USER ID=MARTNEZ
05/26/2011 CIVIL AFFIDAVIT APPL INDIGENT STATUS - NOT INDIGENT
VERIFY MOTION WITH AFFIDAVIT TO PROCEED IN FORMA PAUPERIS - FOUND TO BE NOT INDIGENT. USER ID=OWENSW
05-25-11 : APPELLANT'S MOTION FOR EXTENSION OF TIME IS GRANTED, AND THE INITIAL BRIEF SHALL BE SERVED BY
JUNE 22, [2]011. 2D10-5197. EM. USER ID=MANRESAE
05/27/2011 CRIMINAL AFFIDAVIT APPROVED INDIGENT STATUS
Determined to be Indigent fee assessed. Form filed. The Public Defender is hereby appointed to the case listed above until relieved
by the Court.. USER ID=RAISTRIC
05/27/2011 SUBPOENA ISSUED
X4. USER ID=MILLSL
05/27/2011 CONVERTED EVENT
RCPT - RECEIPT. 27-MAY-2011,$8.00, User Id = MILLSL, Receipt No = 2052784. USER ID=MILLSL
RCPT - RECEIPT. 27-MAY-2011,$50.00, User Id = GARCIANA, Receipt No = 2052805. USER ID=GARCIANA
DISABILITY INFORMATION ON NEIL J GILLESPIE COPY ATTACHED. USER ID=MALLARDJ
SHERIFF'S RETURN OF SERVICE ORIGINAL ATTACHED. USER ID=MANGUALLI
C369 - ORD TO SHOW CAUSE RET'D SERVED. 05/11/11 NEIL J GILLESPIE. USER ID=MANGUALLI
05/27/2011 CIVIL INDIGENT APPLICATION FS39 - INDIGENT
FOUND TO BE INDIGENT. USER ID=MANGUALLI
C311 - ORDER ON MOTION. RELIEVING THE OFFICE OF THE PUBLIC DEFENDER OF THE THIRTEENTH JUDICAL CIRCUIT
FROM REPRESENTATION OF PLAINTIFF NEIL GILLESPIE. 06/01/11 JDA. USER ID=KINGJU
06/01/2011 COURT MINUTES
FROM HEARING HELD JUNE 1, 2011.. USER ID=KINGJU
06/01/2011 WRIT OF BODILY ATTACHMENT
NEIL J GILLESPIE 06/01/11 JDA. USER ID=MARTNEZ
06/02/2011 CORRESPONDENCE
RYAN CHRISTOPHER RODEMS. USER ID=MALLARDJ
06/16/2011 MOTION TO QUASH
WRIT OF BODILY ATTACHMENT AND TO RESCIND WARRANTFOR PLAINTIFF'S ARREST.. USER ID=HEALY
06/17/2011 NOTICE OF APPEARANCE
NEIL J GILLESPIE. USER ID=COLEMANTA
06/21/2011 ORDER ON - TO - FOR
RESCINDING WRIT OF BODILY ATTACHMENT. 6/21/11 JDA. USER ID=HEALY
06/24/2011 STIPULATION OF DISMISSAL
W/PREJ. USER ID=HEALY
23 of 26
9/29/2012 3:17 PM
IN THE CIRCUIT COURT OF THE THIR'fEENTH JUDICIAL CIRCUIT
NEIL J. GILLESPIE,
Plaintiff,
CASEID:
OS-CA~7205
DIVISION:
v.
BARKER, RODEMS & COOI{, P.A.,
a Florida corporation; and
WILLIAM J. COOI{,
Defendants.
-------------~/
ORDER PROHIBITING PLAINTIFF FROM APPEARING PRO SE
THIS MATTER is before the Court on Defendants' "motion for an order to show cause as
to why PI~intiff should not.be prohi?!ted :fl:om henceforth appeal'ingpro se," filed on July 29,
2010. It is alleged that "Plaintiff is
an abusive li~igant who should 'not be permitted to fue fiuiher
pleadings in this cause" u~less they are fIrs~ reviewed and signed:b; a~ attor~ey lice~sed t~ practice
law in this state. Defendants allege that Plaintiff~ s prosecution is an affront to the dignity of the
judicial system and an unacceptable burden on its resources. On November 4, 2010, this court
issued the order to sho\v cause why Plaintiff should not be prollibited from appearillgpro se.
Among Plaintiff's response were his fourth and fifth attempts to disqualify this court. This
response is typical of Plaintiff's litigation style. And his continuing course of conduct in this case
is all the more troublesome because this case is presently pending appellate review of a final
surrunary judgment order. There is nothing left to litigate at this tinle. Yet Plaintiff continues to
file spurious pleadings \vith this court, eacll of which must be reviewed and evaluated by members
of the court staff. For these reasons and the reasons enumerated in the nlotion, the Court hereby
finds that Plaintiff is an abusive litigant and, in order to preserve both the dignity and the efficient
operation of the judicial systenl, his right to full access to the court should be curtailed to the
extent described in this order. Plaintiff is hereby PROHIBITED from filing any paper with this
court which is not signed by an attorney duly licensed to practice la\v in the State of Florida.
10f2
The Court therefore ORDERS as follows:

I. Plaintiff SHALL CEASE filing any pleading, correspondence, or other document in this
case unless the document is signed by an attorney who is duly licensed to practice law in
the State of Florida.
2. The Clerk of Court SHALL REJECT for filing any document received from Plaintiff
which does not bear the clear and conspicuous signature of an attorney duly licensed to
practice law in this state.
3. The Clerk of Court SHALL NOT DOCKET any pleading, correspondence or other
document received from Plaintiff which is prohibited by this order.
DONE AND ORDERED in Chambers in Hillsborough County~ Florida, this 15 th day of

'. '. ' ._~~;.
:~.l. "~~"\\E{)
November, 2010.
OR\G\Nl\l b\\;)\ ..,
.
"Q'J 1 5 20\0
r': <\\{IHll J, COO~{
'{~'"'HGUff JUOGE.
_ _ _ _ _ _ _ _ _ _ _ _ _ _o.""wo
MARTHA J. COOK, Circuit Judge
Send copies to:

Neil J. Gillespie
Plaintiff
8092 SW 115 lh Loop

Ocala, FL 34481
Ryan Christopher Roderns, Esquire
Attorney for Defendant
400 N Ashley DrIve

Suite 2100
Tampa, FL 33602
20f2
GENERAL CIVIL
NEIL J. GILLESPIE,
Plaintiff,
Case No. OS-CA-720S
Vs.
Division: "J"
BARKER, RODEMS & COOK, P.A,

A Florida corporation; WILLIAM J.
COOK,
Defendants.
---------_./
ORDER RESCINDING WRIT OF BODILY ATTACHMENT
THIS CAUSE having come before the Court on June 21, 2011 and the Plaintiff,
NEIL J. GILLESPIE, having complied by volunteering to appear and producing all
documents under the Deposition Duces Tecum and the court being otherwise being fully
advised in the premises, it is therefore
ORDERED AND ADJUDGED that this Court's Writ of Bodily Attachment of
NEIL J. GILLESPIE of June 1,2011, is hereby rescinded.
DONE AND ORDERED in Chambers, at Tampa, Florida, Hillsborough County,
Florida, this _ _ day of June, 2011.

Neil J. Gillespie
8092 SW 11S th Loop
Ocala, FL. 34481
Ryan C. Rodems, Esquire
Barker, Rodems & Cook, PA
400 North Ashley Drive
Suite 2100
Tampa, FL. 33602
ORIGINAL SIGNEO
JU~ 'l t 2011
JAMES D. ARNOLO'
CIRCUIT JUDGE
Page 1 of 2
Neil Gillespie
From:
To:
Cc:
Sent:
Subject:
"Nichole Hanscom" <HanscomN@PD13.STATE.FL.US>

"Julie Holt" <HoltJ@PD13.STATE.FL.US>
Tuesday, July 14, 2015 2:56 PM
RE: Records request for client file of Neil J. Gillespie-July-13-2015
Dear Mr. Gillespie,
In response to your request dated June 24, 2015, your payment was received on July 10,
2015; I anticipate the personnel file of Ms. Maria Castagliuolo will be produced for you
tomorrow. As you have requested, I will email a PDF of the records to this email address.
In response to your request dated July 13, 2015, please be advised that I can find no records
to indicate you are or have been a client of this office; we do not have any file to provide to
you. It appears that in 2011, correspondence was mailed to your home address by this office.
The envelope was inadvertently pre-marked with an attorney client privilege warning, but I
assure you there is no record that you are or have been a client of this office.
Thank you,
Nichole Hanscom
Attorney, Administration/Operations
Fla Bar No 96373
Law Office of Julianne Holt
Public Defender, 13th Circuit
813.277.1424
hanscomn@pd13.state.fl.us

Sent: Tuesday, July 14, 2015 1:25 PM
To: Julie Holt; Nichole Hanscom
Cc: Neil Gillespie
Subject: Records request for client file of Neil J. Gillespie-July-13-2015
Importance: High
VIA UPS No. 1Z64589FP299906572

Email: jholt@pd13.state.fl.us
Julianne M. Holt
The Law Offices of Julianne M. Holt
Public Defender of the 13th Judicial Circuit
7/14/2015
Page 2 of 2
700 East Twiggs Street, 5th Floor

Email: hanscomn@pd13.state.fl.us
Nichole Hanscom
Office of Public Defender 13th Judicial Circuit
Tampa, FL 33602
Dear Ms. Holt and Ms. Hanscom:
Please find attached a records request, delivered to your office earlier today, for the entire contents of
my file, Neil J. Gillespie or Neil Gillespie, as a client of your office, The Law Offices of Julianne M.
Holt, Public Defender, 13th Judicial Circuit.
Enclosed is evidence of our attorney-client relationship, a copy of an envelope from your office
postmarked June 1, 2011 addressed to me,
MR NEIL GILLESPIE
8092 SW 115th Loop
Ocala FL 34481
marked "ATTORNEY - CLIENT Privilege Applies".
Thank you in advance for the courtesy of a response. Time is of the Essence.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
Confidentiality Notice: You are advised that this communication is for use only by the intended recipient(s) and contains information that may be secret,
private, privileged, confidential or copyrighted under applicable law. This includes any and all attachments hereto. If you are not the intended recipient
(s), you are hereby notified that any saving, reproduction, use, copying or distribution of this communication, in whole or in part, in any manner, is
strictly prohibited. If received in error, please advise the sender immediately by reply e-mail and delete this message and any attachments without
retaining a copy. If you properly received this e-mail as a client, co-counsel or retained expert of the Office of the Public Defender of the 13th Judicial
Circuit of Florida, you should maintain its contents in confidence (not discuss the contents with others or otherwise share the contents with others) in
order to preserve the attorney-client or work product privilege that may be available to protect confidentiality.
Additional Notice: If you are not a current client of the Office of the Public Defender of the 13th Judicial Circuit you should not construe anything in this
e-mail in a manner to believe that you have become a client of the firm, unless this e-mail contains a specific statement that you have become a client
of the firm. By responding in this e-mail, the Office of the Public Defender of the 13th Judicial Circuit has not necessarily agreed to undertake
representation of you or others. Further, if you are not a current client of the Office of the Public Defender of the 13th Judicial Circuit you should not
disclose anything to the Office of the Public Defender of the 13th Judicial Circuit in reply that you expect it to hold in secret, in confidence, or otherwise
have protected by attorney-client privilege. This communication does not constitute consent to the use of sender's contact information for direct
marketing purposes or for transfers of data to third parties.
7/14/2015
July 13, 2015

VIA UPS No. 1Z64589FP299906572
Julianne M. Holt
Nichole Hanscom
Tampa, FL 33602

This is a records request for the entire contents of my file, Neil J. Gillespie or Neil Gillespie, as a
client of your office, The Law Offices of Julianne M. Holt, Public Defender, 13th Judicial Circuit.
MR NEIL GILLESPIE
8092 SW 115th Loop
Ocala FL 34481
marked ATTORNEY - CLIENT Privilege Applies.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
Enclosure
Law Offices of
JULIANNE M. HOLT
4-t- POs~(f'
.-:
li
Public Defender
Thirteenth Judicial Circuit ofFlorida
700 E. Twiggs Street, 5th Floor
Po. Box 172910
'" _
"nNfV
B~
00.44
02 1A
0004616168
JUN01 2011
- MAILED FROM ZIP CODE 33602
MR NEIL GILLESPIE
8092 SW 11S TH LOOP
OCALA FL 34481
ATTORNEY - CLIENT
Privilege Applies
..
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:;:448 i i3S::-;
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Record Request copy to Nichole Hanscom,

Attorney, Administration/Operations, 8th Floor
July 13, 2015
VIA UPS No. 1Z64589FP299906572
Julianne M. Holt
Nichole Hanscom
Tampa, FL 33602

This is a records request for the entire contents of my file, Neil J. Gillespie or Neil Gillespie, as a
client of your office, The Law Offices of Julianne M. Holt, Public Defender, 13th Judicial Circuit.
MR NEIL GILLESPIE
8092 SW 115th Loop
Ocala FL 34481
marked ATTORNEY - CLIENT Privilege Applies.
Thank you in advance for the courtesy of a response.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
Enclosure
Law Offices of
JULIANNE M. HOLT
4-t- POs~(f'
.-:
li
Public Defender
Po. Box 172910
'" _
"nNfV
B~
00.44
02 1A
0004616168
JUN01 2011
MR NEIL GILLESPIE
8092 SW 11S TH LOOP
OCALA FL 34481
ATTORNEY - CLIENT
Privilege Applies
..
s {i. ':-.
t=
:;.;...:=;'
:;:448 i i3S::-;
,,, ""'"','"I1I""IIII,,II,,J,1. ,11"/,,, II, I. 1"1. 11,,/,/
https://wwwapps.ups.com/WebTracking/processPOD?Requester=&tracknum=1Z64589FP299906572&refNumbers=&loc=en_US
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07/13/2015
07/14/2015 11:41 A.M.
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5
TAMPA, FL, US 33602
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FOLD HERE
NEIL J. GILLESPIE,
CASE NUMBER: 05-CA-7205

Plaintiff,
DIVISION: J
VS.
a Florida corporation; WILLIAM 1. COOK
Defendants.
_ _ _ _ _ _ _ _ _ _ _ _ _ _---e
OFFICE OF THE PUBLIC DEFENDER'S MOTION FOR CLARIFICATION
COMES NOW, the undersigned on behalf of the Office of the Public Defender, to seek
clarification of a Clerk's Detennination dated May 27, 2011, attached hereto as Exhibit A, allegedly
appointing the Office of the Public Defender on behalf of the plaintiff, Neil Gillespie, in this cause
based upon the following:
I.
An Application for Criminal Indigent Status and Clerk's Detennination attached
hereto as Exhibit A purports to appoint the Office of the Public Defender to represent the
plaintiff in this cause.
2.
It appears from the docket in this cause that Neil Gillespie is the plaintiff in this
cause and that he is before the Court based upon an Order to Show Cause.
3.
Section 27.51, Florida Statutes, sets forth the duties of the Public Defender. The
duties of the Public Defender under Section 27.5 I (b)(3), Florida Statutes, provide that the Public
belief that the plaintiff in this cause, Neil Gillespie, is facing an action for criminal contempt.
WHEREFORE. the undersigned seeks to clarify with the Court the applicability of the
Application for Criminal Indigent Status and Clerk's Detennination as evidenced in Exhibit A,
attached hereto.
I HEREBY CERTIFY that a copy of the foregoing motion has been furnished to Neil
Gillespie, 8092 SW 115th Loop, Ocala, FL 34481, Ryan C. Rodems, Esq. of Barker, Rodems &
Cook, P.A., 400 North AsWey Drive, Suite 2100, Tampa, FL 33602, and to Richard L. Coleman,
Esq., P.O. Box 5437, Valdosta, GA 31603, by hand or U.S. mail delivery, this 1st day of June,
2011.
Mi
acock
Florida Bar # 0303682
Post Office Box 172910
(813) 272-5980
(813) 272-5588 (fax)
peacock@pdI3.state.f1.us
Ikm
STATE OF FLORIDA vs.
t1-e.. \ LQJ I\~'I t
Defendant/Minor Child
CASE NO.
/"
APPLICATION FOR CRIMINAL INDIGENT STATUS
_~_I AA ~M' SEEKING THE APPOINTMENT OF THE PUBLIC DEFENDER
.
OR
I HAVE A PRIVATE ATIORNEY OR AM SELF-REPRESENTED AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS
Notice to Applicant: The provision of a public defenderlcourt appointed lawyer and costs/due process services are not free. AjUdgment and lien may be imposed agains.t all real or
personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee fQr each
application filed. If the application fee is not paid to the Clerli of the Court within 7 days, it will be added to any oosts that may be assessed against you at the oonclusion of this case. If
you are a parent/guardian making this affidavit on behalf of a minor or tax-dependent adult, the information contained in this application must include your income and assets.
1. I have Udependents. (Do not incl!,hildren not living at home and do not include a working spouse or yourself.)
.
2. 1have a take home income of $
~
paid () weekly () bi-weekly ( ) semi-monthly () monthly ( ) yearly
(Take home inoome equals salary, wages, bon;;ies, commissions, allowances, overtime, tips and similar payments, minus deductions required by law and other court-ordered
support payments)
~
3. I have other inco.me paid ( ) weekly ( ) bi-WeekJY~semi-mpQ1l1~~thIY ( ) yearly: (Circle "Yes" and fill in the amount if you have this kind of inoome, otherwise circl~o?
Social 5ecurilybenefits
es $
No
Veterans' benefit...............................
Yes $,------I(!9i.
Unemployment oompensation................. s $
Child suppor! or other regular support
~..
Union Funds
Yes $
.
0
from family members/spouse......
.
Yes $
.
.
Workers oompensation
:
Yes $
I
Rental incOme.................................
Yes $
.
.Retirement/pensions
Yes $
. Dividends or interest..
:.............
Yes $
Trusts or gifts
Yes $
0
Other kinds of inoome not on the lis!......
Yes.$
-1-1----
""""""
I h,w ~,,~~~~'~::'~~~~~,"'s'"~
~:~~c:~}(~~~~ft~;
I
0 No'
Yes $
money market accounts

Yes $
~
"Equity in Motor VehiclesIBoatsi
~/""
Other tangible property.................. ~eI ~ ~V ~ No
Us! the year/make/model and tag#: I~iJ?~~.~
.
r
"L~~ Y;cf
"lgtb-
I ....' :
5. I have atotal amount of liabilities and debts in the amount of ~

6. I receive: (Circle "Yes" or "No?
. ..
'"
lf7; O~ c.~
~:~... ~to~"""""'~1:=l
=~
~~~~k~~~i'~~~'i~~d~di~'~~~i~~)'~: ~'~~---~~~'
'No' U"
"Equity means value minus loans. Also Iist:anyexpe~cy

In an interest in such property.
Ust the address of this property:
.
'.
~
Address
City, State, Zip
.."
County of Residence
Z
---,_
W
Ul
TemP9rary Assistance for Needy Families-Cash Assistance

:... "Als
Poverty-related veterans' benefits.................................................................................................................................................... Yes
Supplemental security Inoome (551)
:............................
Yes
7. I have been released on bail in the amount of $ ~.
Cash _ _ Surety __
Posted by: Self __ Family __ Other
.~
CJ'I"""
A persen who knowingly provides false information to the clerk or the oourt in seeking a determination of indigent status under s. 27.52, F.5., oommits a misdemeanor of the first degree,
punishable as provided in s. 775.082, F.S., or s. 775.083, F.S. I attest that the information I have provided on this Application is true and accurate to the best of my
knowledge.
A7
Signed this
day of .
Mil!
,2olL
./
~.#:
~ -r',,?/.
_//------..:...
_/"
Sig
17~G
Print Full L al Name
Date of Birth S
.
. /? 1-;'} J / <) A . r"/
Address '
Driver's license or ID numberU -/0C'-bCXJ~~VII ~ity, State, Zip'
Phone l1umber
pIC; ,-
.r.ao.
V-;;::ed n the inf rmation 'in this Application, I have determined the applicant to be
~ent
=-_V;;:_Th~ P blic Def nder is hereby appointed to the case listed above until relieved by the Court.
M'
-D1te
, .
( ) Not Indigent
PATFRA'NK--------~----------
... ------ ... -_ ..
Clerk of the Circuit Court

_ _Clerk/Deputy Clerk/Other authorized person
APPLICANTS FOUND NOT INDIGENT MAY"SEEK REVIEW BY ASKING fOR A HEARING TIME, Sign here if you want the judge
to review the clerk's decision of not indigent
06/18/10
EXHIBIT "A"
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
NEIL J. GILLESPIE,
Plaintiff,
CASE NUMBER.: 05-CA-7205

DIVISION: J
v.
COOK
Defendants.
J.
- - - - - - - - - - - - -/
ORDER RELIEVING THE OFFICE OF THE PUBLIC DEFENDER OF THE
THIRTEENTH JUDICIAL CIRCUIT FROM REPRESENTATION
OF PLAINTIFF NEIL GILLESPIE
THIS CAUSE having come to be heard on the Motion of the Office of the Public Defender
for Clarification and the Court being fully advised in the premises does hereby relieve the Office of
the Public Defender of the Thirteenth Judicial Circuit from representation of the plaintiff in this cause
as there is no lawful basis for the appointment of the Office of the Public Defender to represent the
plaintiff in the cause currently before the Court.
DONE AND ORDERED at Tampa, Hillsborough County, Florida on this _ _ day of
June, 2011.
HONORABLE JAMES D. ARNOLD

CIRCUIT COURT JUDGE
THIRTEENTH JUDICIAL CIRCUIT
HILLSBOROUGH COUNTY, FLORIDA
--'----'--Neil-GilJ' s pi , 8092-SW-l-lS
th Loop,~,I1-.f::.:J443-1
B__ . . -- .
u..
..
..
-~----_
..
--
--
....
Ryan C. Rodems, Barker, Rodems & Cook, 400 North Ashley Dr., Ste. 2100, Tampa, FL 33602
Richard L. Coleman, Esq., P.O. Box 5437, Valdosta, GA 31603
Mike Peacock, Office of the Public Defender
/km
ORIGINAL ~!GNED
JUi~
JA~~S
- 1 2Ull
!:'..~.~NOtD
CIRCUIT JUDGE
- -
..
Law Offices of
JULIANNE M. HOLT
4-t- POs~(f'
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li
Public Defender
Po. Box 172910
'" _
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B~
00.44
02 1A
0004616168
JUN01 2011
MR NEIL GILLESPIE
8092 SW 11S TH LOOP
OCALA FL 34481
ATTORNEY - CLIENT
Privilege Applies
..
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CIVIL DIVISION
NEIL J. GILLESPIE,
Plaintiff,
CASE NO:
05-CA-7205
vs.
DIVISION:
IIJII

J. COOK,
Defendants.
-----------_/
BEFORE:
Circuit Court Judge

TAKEN AT:
Tampa, Florida
DATE AND TIME:
June 1, 2011
11:00 a.m.
REPORTED BY:
Penny M. Appleton
ORIGINAL

(813) 229-8225
A P PEA RAN C E S
Ryan C. Rodems
Attorney at Law


Mike Peacock
6
Public Defender

PO Box 172910

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1
2
THE COURT:
MR. RODEMS:
THE COURT:
5
6
cause.
Good morning.
Okay.
Is that correct?
MR. RODEMS:
THE COURT:
Okay.
10
11
12
13
documentation.
14
MR. RODEMS:
15
THE COURT:
16
MR. RODEMS:
Is that correct?
Yes, sir.
Okay.
17
18
19
court on May 25th.
20
21
22
23
24
25
THE COURT:
MR. RODEMS:
To Justice Thomas?
that here as well.
THE COURT:
MR. RODEMS:
THE COURT:
MR. PEACOCK:
There's a copy of
Sure.
hand it to you.
How are
you, sir?
10
THE COURT:
11
MR. PEACOCK:
Fine.
Thank you.
Fine.
How are you?
I'm here -
if I may just
12
13
counsel.
14
15
16
17
18
cause.
19
20
21
indigency.
22

You'll find

Chapter 27
23
24
25
that
10
11
12
13
THE COURT:
14
MR. PEACOCK:
15
THE COURT:
16
I understand.
matter.
17
MR. PEACOCK:
18
THE COURT:

19
20
21
proceeding.
22
MR. PEACOCK:
23
THE COURT:
24
25
MR. PEACOCK:

Always a
THE COURT:
Take care.
All right.
correct, counselor?
10
11
12

THE COURT:
13
14
15
16
17
18
19
The

morning?
MR. RODEMS:
20
referring to -
21
prepare?

22
THE COURT:
23
MR. RODEMS:
24
THE COURT:
25
MR. RODEMS:
Is that

Yes, sir.
It should be
MR. RODEMS:
THE COURT:
Yes, sir.
10
11
that to 72 hours.
12
hours.
13
MR. RODEMS:
14
THE COURT:
15
MR. RODEMS:
17
THE COURT:
19
20
Yes, sir, I will.
16
18
be correct.
Yes, sir, I will.
Okay.
MR. RODEMS:
Honor.
21
THE COURT:
Thank you so much.
22
23
24
25
~
C E R T I F I CAT E
STATE OF FLORIDA
4
5
8
9

10
11
12
13
evidence.
14
15
16
17
18
19
20
21
22
23
24
~
nny
25
. Appleton

9
A
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above-styled 8: 10
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Administrative 2:6
affidavit 4:20
afternoon 7:18
all 4:24 6:2
also 3:197:7,14,14,17
Always 5:23
am 3:22 4:24 5:18,19
an 3:4,20 4:155:9,12,19
and 1:1,173:6,8,12,21,21
4:245:9,18,196:7,13
6:147:1,7,14,15,178:7
8:8,9,10,11,12
another 7:6
any4:18
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Apparently 4:2
appear3:10 5:4 6:4,6,24
7: 1,15
appears 7: 17
Appleton 1: 19 8:5,24
application 3:24
appointed 5:7
r:x~inting4:16 5:18
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5:11
appropriate 5:8
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ARNOLD 1:13
arrest 6: 13,16
as4:4 5:4 6:10,258:10
Ashley 2:3
Associates 1:23
at 1:15 2:2 6:6,22 7:1,9
7:15,22
attached 4:155:4
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authority 4: 18,23
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caption 8:10
care 6:1
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cause3:5,114:185:13
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change 7: 10,11
Chapter 4:22
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cite 4:22
City 8:15
civil 1:2 5:136:5,15
clarification 4:13
Clerk4:16
clerk's 5:5
close 3:24
commenced 3: 1
concluded 7:22
constitute 8: 11
contempt3:115:136:5
6:15
Cook 1:6,7 2:33:7,8
copy 3:25 4:3,12
corporation 1:6
correct 3:5,13 6:9 7: 18
8:11
counsel 2:6 4:13
counselor 6:9
county 1:1,15 3:167:7
8:3,7,15
court 1:1,13 3:2,4,9,15
3:19,254:1,3,5,7,10,16
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7:4,14,17,218:5,6
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criminal 4:20 5: 15,20
D
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DATE 1:17
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day 8:16
Defendants 1:8 2:4
defender 2:74: 14,245:2
5:7,19,20
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determination 5:5
did 3:188:9
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documentation 3:13
documents 6:77:2,15
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ieving 5:19
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today 3:23 5:5
TRANSCRIPT 1: 12
transcription 8:12
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Twiggs 2:8
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05-CA-7205 1:4
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IN TI-IE CIRCUIT COURT OF THE THIRTEENTH ruDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, STATE OF FLORIDA
NEIL J. GILLESPIE,
Plaintiff,
CASE NUMBER.: 05-CA-7205

DIVISION: J
v.

COOK
Defendants.
J.
- - - - - - - - - - - - -/
ORDER RELIEVING THE OFFICE OF THE PUBLIC DEFENDER Oli THE~?
THIRTEENTH JUDICIAL CIRCIDT FROM REPRESENTATION :.~. r~~
OF PLAINTIFF NEIL GILLESPIE
~;~~ N
~
THIS CAUSE having come to be heard on the Motion of the Office of the Public Defender
for Clarification and the Court being fully advised in the premises does hereby relieve the Office of
the Public Defender of the Thirteenth Judicial Circuit from representation of the plaintiff in this cause
as there is no lawful basis for the appointment of the Office of the Public Defender to represent the
plaintiff in the cause currently before the Court.
__
/_ day of
DONE AND ORDERED at Tampa, Hillsborough County, Florida on

June, 2011.
~~A~~LEJAMESD.ARNOLD
~..a.....a....;~~
T COURT ruDGE
THIRTEENTH ruDICIAL CIRCUIT
HILLSBOROUGH COUNTY, FLORIDA
._------Neil-Gillespi~09z" SW 1- 15 th. Loop;-0calat Fk-3-44-g-}-- ._---_._-_._---_.------- ---------.---------------.---- -..

Ryan C. Rodems, Barker, Rodems & Cook, 400 North Ashley Dr., Ste. 2100, Tampa, FL 33602
Richard L. Coleman, Esq., P.O. Box 5437, Valdosta, GA 31603
.
.
STATE OF FLORIDA
)
MIke Peacock, Office of the PublIC Defender
COUNTY OF HILLSBOROU(]~)
/km
THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE

AND CORRECT COpy OF THE DOCUMENT ON FILE IN
~s~f!tb~
. . ~~~~~~~~~.~:.:.~~.I:~ ~:
-_.. . .". 1'c\\,,
. ..
.:-~~~. ..'?VJ.',
f~a ~~
PAT FRANK
\~1; _~W
Il\:~~~,~'!f.-""
CLERK OF CIRCUIT COURT
BY
~..........................D.C.
NEIL J. GILLESPIE,
Plaintiff,
vs.
Case No.:
Division:
05CA7205
J

a Florida corporation; and WILLIAM
J. COOK,
Defendants.
- - - - - - - - - - - - - -/
WRIT OF BODILY ATTACHMENT
THE STATE OF FLORIDA:
....
To Each Sheriff of the State:
.- ,0'''':
_.
...
~_: r-
.._ t .:
It appearing to the Court that NEIL J. GILLESPIE, of 8092 SW 115 th Loopj-OcqJ~, ~3

Florida 34481, although properly served witl1 the Order to Show Cause entered May-Ll', 2011, - i
failed to appear on June 1, 2011 and show cause, if any, why he should not be held in contempt
for failure to appear for deposition and produce documents pursuant to the Notice Of Deposition
Duces Tecum as ordered by this Court.
This Writ, therefore, is to command you to take NEIL J. GILLESPIE into custody and
bring him before the Honorable James D. Arnold, at Courtroom 501,800 East Twiggs Street,
Tampa, Florida 33602, immediately, and within 72 hours after he is taken into custody, for a
hearing to determine whether he shall be held in custody until the deposition ordered by the
Court is completed.
Service and execution of this Writ may be made on any day of the week and any time of
the day or night.
DONE AND ORDERED in Chambers at Tan1pa, Hillsborough County, Florida, this 1st
day of June, 2011.
STATE OF FLORIDA
)
COUNTY OF HILLSBOROUGH)
THIS IS TO CERTIFY THAT THE FOREGOING IS A TRUE
AND CORRECT COpy OF THE DOCUMENT ON FILE IN
~~IS~~~~~;.~~~~~:':'~~.I:~ . ~:
_..' ,..\ t e"'1
f~~~~~f;I't.
~/~. ;:~
~~~~. ~~(ij
II,~~~~~,~~~---
PAT FRANK
CLERK OF CIRCUIT COURT
J),.-1--r"
B y ~ ~......................D.C.
......................................................
DESCRIPTION OF SU'BJECT
Race: Caucasian
Gender: Male
Date of Birth: 03/19/195
Social Security Number:
Hair: Grey
Height: 5' 10"
Weight: 240 pounds
Other:
~-- ~'----m
GENERAL CIVIL
NEIL J. GILLESPIE,
Plaintiff,
Case No. OS-CA-720S
Vs.
Division: "J"
BARKER, RODEMS & COOK, P.A,

A Florida corporation; WILLIAM J.
COOK,
Defendants.
---------_./
ORDER RESCINDING WRIT OF BODILY ATTACHMENT
THIS CAUSE having come before the Court on June 21, 2011 and the Plaintiff,
NEIL J. GILLESPIE, having complied by volunteering to appear and producing all
documents under the Deposition Duces Tecum and the court being otherwise being fully
advised in the premises, it is therefore
ORDERED AND ADJUDGED that this Court's Writ of Bodily Attachment of
NEIL J. GILLESPIE of June 1,2011, is hereby rescinded.
DONE AND ORDERED in Chambers, at Tampa, Florida, Hillsborough County,
Florida, this _ _ day of June, 2011.

Neil J. Gillespie
8092 SW 11S th Loop
Ocala, FL. 34481
Ryan C. Rodems, Esquire
Barker, Rodems & Cook, PA
400 North Ashley Drive
Suite 2100
Tampa, FL. 33602
ORIGINAL SIGNEO
JU~ 'l t 2011
JAMES D. ARNOLO'
CIRCUIT JUDGE
__..-.:t_". __
l,",=_P'.....,C'!l
~c
- ".
(!1111_"IIIq~"".
Q-=,,=;;r--~-;-
_-
-.
:;;;;;t:r:;~;
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.:~ ~.J
~.
""'._
.".,._".;:",_~--------,-.~-------

=-ST-:-ATE--:--Of=F::-LORID---=-A::-:--Yl......-'-'=-'--1-................:.;
D_lldallllllnor Child
{
\
~', 'E:
CASE NO.
/
APPLICATION FOR CRIMiNAL INDIGENT STATUS
'_lY"':'_1 A
AUM SEEKING THE APPOINTMENT OF THE PUBLIC DEFENDER
OR
_ I HAVE APRIVATE ATIORNEY OR AM SELF-REPRESENTED AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS
Notice to Applicant: The provision of a public defender/court appointed lawyer and costs/due process services are not free. Ajudgment and lien may be imposed against all real or
personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee tor each
application filed. If the application fee is not paid to the Cieri( of the Court within 7 days, it will be added to any costs that may be assessed against you at the conclusion of this case. If
you are a parent/guardian making this affidavit on behalf of a minor or tax-dependent adult, the information contained in this application must indude your income and assets.
.l!)..
1. Ihive
JHpendenm. (Do not incl children ';;'t IMng at home and do not include a working spouse or yourself.)
2. I hive I take home Income of $
paid ( ) weekly ( ) b~weekly ( ) semi-monthly ( ) monthly ( ) yearly
(Take home income equals salary, wages, bonu s, commissions. aUowances. overtime, tips and simHar payments. minus deductions required by law and other courl-orde19d
c:a
U~t
support payments)
3. I
hive
.k.
II
~:~~.~.~ ~.~~~.~ ~$"WO"thly ( ~~arty: (Ci~;:~:~:~~.~~.~~.~~~.~.~~~~~ this ki'1:S'~come. otherwise ci~o,
Union F
~$
compensation
Yes $
Yes $
Yes $
Yes t:
Wor1(ers compensation
Retirement/pensions
Trusts or gifts
Child support or other regular support

from family memberslspouse...... \,
Rental income.................................
Dividends or inlerest..........................
Other kinds of income not on the list......
Ihlve~~.:.:~~.~.~~~~.~~~~~/.~~.~.~~:so~thePbbothenmeClNO
Yes
Yes
Yes
Yes
use~:.~~~~~.~~.~~.:.~.~~~~~~$.).::~
"No."
Yes $@StocksIbonds.........................................Yes$,----'__
,"-
_
.
'Equity in Real estale (excluding homestead) Yes $,_-;1""""'-_ _--1
Yes $
'Equity meMS velue minus loans. Also list any e~
~0'
in an interest in such properly.
~'~~
~NO
Ustthe adcJress of this properly.
,~
I
Jd?=~~
Address
--'-_
'~~ "Lt..I~
City, Stale, Zi~
=0
r-"'"
County of Residence
:::;
5. Ihive a total amount of Illbillties Ind debts In the lmount of ..t't'~ ~
6. Ireceive: (Cirr:le "Yes" or "No'
~
4.
Bank accounI(s)
certificates of deposit or
money mari(et accounts
'Equity in MotorVehicleslBoats/
Othertangbleproperty
Ustthe yearlmakelmodel and tag#:
@>
sci-
()
(,))
Temporary Assistance tor Needy Famifies-Cash Assistance.........................

~s
Poverty-related veterans' benefits...............................................................................................................................................

Yes
Supplemental security Income (551)...............................................................................................................................................

Yes
7. I hive been ",leased on ball In lhellllOllnt of $ ~

Cash _ _ Surety _ _
PostIId by: Self _ _ Family __ Other
A person who knowingly provides false information to the der1( or the court in seeking a delennination of indigent status under s. 27.52, F.S., commits. a misdemeanor of the first degree,
punishable as provided in s. ns.082. F.S., or s. n5.083, F.S. I attest that the Information I have provided on this Application Is tru, and accurate to the best of my
knowledge.
;? 7
Signed this
Date of Birth
day of
J.1, ,
2olL.
S /9.. 19S-b
Print Full L
Driver's license or ID numbeb
'.'
al Name
'tC;! ,.~, S{, t??1~~~~S~te. Zip
Phone number
V-;;::~d
n the inJ nnation in this App.lieati6ii. I have detennined the applicant to be
~ent
".._~_The P blic DeJ nder is hereby appointed to the case listed above until relieved by the Court.
( ) Not Indigent
PAT FRANK
Cieri< of the Circuit Court

_ _Cler1<lDeputy Cler1<lOther authorized person
APPUCANTS FOUND NOT INDIGENT MAY SEEK REVIEW BY ASKING FOR A HEARING TIME. Sign here if you want the]Udge
to NYtew the clerk's decision of not Indigent.
06118/10
' .:.
RECEIPT
Clerk of Cil'CUit Court - CPROI
Receipt HIIIIN1': 2852815
Date:
21-11AY-2tll
Cashier:
_UlNA
Paro1':
MEIl 1 GILLESPIE
SII 115TH l.ID
OCAlA, Fl 34411
Adil1'eSSI 8fJ2
Desc1'iption
AIIount
Case: 15*117285.
GIllESPIEltEIl US BARKER RODE
Party: MEl 1 GILLESPIE
PI APPl fEE FS 27
49
PD APP FEE 27.52(
1.81
PD APPFEE 27.52 (
1.21
[;;
....~....... L._~
....o....-_~ _ _
~._
. _ ~ _ ._ _~ ~
Indigency Screening Unit
P.O. Box 1110

Tampa, FL 33601-1110
295
C5:- c.A
..
ATTN:
7~o5
CLERK OF THE CIRCUIT COURT
P.O. BOX 1110
TAMPA FL 336011110
__
__ _ _
_ _=___._~_.
__.__
__'_~.
_ ......
-=----"'-
Page 1 of 3
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:

"Bohner, Dale" <bohnerd@hillsclerk.com>; "Pat Frank" <frankp@hillsclerk.com>; "Joy Mestas"
<Mestas@hillsclerk.com>; "Dana Caranante" <Caranant@hillsclerk.com>; "Doug Bakke"
<bakke@hillsclerk.com>
"Frank, Pat" <Frankp@hillsclerk.com>; "Seidel, Holly" <holly.seidel@hillsclerk.com>; "Neil Gillespie"
<neilgillespie@mfi.net>
Thursday, July 23, 2015 11:54 AM
Doc 41 PACER TRANSCRIPT hearing June 1, 2011 public defender motion 33p.pdf; Doc 33 PACER
Public Defender Motion etc composite 5p.pdf
Re: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015
Dale K. Bohner,
(813) 307-7015
RE: June 1, 2011 hearing transcript, and Office of the Public Defenders Motion for Clarification, also
filed in U.S. District Court, Middle District of Florida, Ocala Division
Mr. Bohner:
The missing public defender motion of June 1, 2011, and the original transcript of the hearing June 1,
2011, are filed in U.S. District Court, Middle District of Florida, Ocala Division, Case No. 5:10-cv00503-WTH-TBS.
Please find attached the notice of filing original transcripts, 2 pages, part of a 33 page composite.
Case 5:10-cv-00503-WTH-TBS Document 41 Filed 07/15/11 Page 1 of 2 PageID 1371
Doc 41 PACER TRANSCRIPT hearing June 1, 2011 public defender motion 33p
The actual transcripts are filed but do not appear on the federal courts PACER, public access to court
electronic records. However the transcript company, Berryhill & Associates, Inc., can provide
Hillsborough what is needed to file, according to my discussion with them yesterday.
Also see Doc 33 PACER Public Defender Motion etc composite 5p
The Office of the Public Defenders Motion for Clarification was filed as Exhibit 3 to Plaintiffs Motion
to Strike or Set Aside Mr. Rodems Notice of Assignment of Claims and Motion for Dismissal of Action
with Prejudice, and Motion to Strike or Set Aside Settlement Agreement and General Mutual Release.
The motion (Doc 33) is 132 pages with exhibits, see PACER:
Case 5:10-cv-00503-WTH-DAB Document 33 Filed 06/30/11 Page 1 of 33 PageID 604
See attached Exhibit 3, Office of the Public Defenders Motion for Clarification (3 pages)
See attached Exhibit 4, Order Relieving the Office of the Public Defender of the Thirteenth Judicial
8
7/23/2015
Page 2 of 3
Circuit from Representation of Plaintiff Neil J. Gillespie (1 page)

See attached Exhibit 5, Writ of Bodily Attachment
Thank you for your consideration.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
----- Original Message ----From: Bohner, Dale
To: Neil Gillespie
Cc: Frank, Pat ; Seidel, Holly ; Seidel, Holly
Sent: Wednesday, July 22, 2015 11:05 AM
Subject: RE: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015
Dear Mr. Gillespie,

forwarded an Amscot Money order in the amount of $8.00 to cover the cost of the certified copies
along with a UPS shipping envelope, which we have now received.
docket. There is no explanation of why this document was not filed or docketed in the court record.
The motion is referenced in a subsequent Order entered by the court. We have located the Clerks
However, the Clerk cannot make a certified copy of the motion because she does not have that
document in her custody. Upon request, the Clerk will provide you with documentation of these facts
to establish that she does not have the referenced motion in her custody and cannot make a certified
copy of the motion.
Thank you.
7/23/2015
Page 3 of 3
Dale K. Bohner,
(813) 307-7015
any such privilege. If you are not an intended recipient of this message, and/or you have received this message in error, then please notify
the sender at (813) 307-7015. Any unauthorized and/or unintended review, use, dissemination, distribution or reproduction of this message,
or any of the information contained in it, is strictly prohibited.

Cc: Neil Gillespie
Subject: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July 212015
7/23/2015
Case 5:10-cv-00503-WTH-TBS Document 41
Filed 07/15/11 Page 1 of 2 PageID 1371
Case 5:10-cv-00503-WTH-TBS Document 41
CIVIL DIVISION
NEIL J. GILLESPIE,
Plaintiff,
CASE NO:
05-CA-7205
vs.
DIVISION:
IIJII

J. COOK,
Defendants.
-----------_/
BEFORE:
Circuit Court Judge

TAKEN AT:
Tampa, Florida
DATE AND TIME:
June 1, 2011
11:00 a.m.
REPORTED BY:
Penny M. Appleton
ORIGINAL

(813) 229-8225
A P PEA RAN C E S
Ryan C. Rodems
Attorney at Law


Mike Peacock
6
Public Defender

PO Box 172910

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25

1
2
THE COURT:
MR. RODEMS:
THE COURT:
5
6
cause.
Good morning.
Okay.
Is that correct?
MR. RODEMS:
THE COURT:
Okay.
10
11
12
13
documentation.
14
MR. RODEMS:
15
THE COURT:
16
MR. RODEMS:
Is that correct?
Yes, sir.
Okay.
17
18
19
court on May 25th.
20
21
22
23
24
25
THE COURT:
MR. RODEMS:
To Justice Thomas?
that here as well.
THE COURT:
MR. RODEMS:
THE COURT:
MR. PEACOCK:
There's a copy of
Sure.
hand it to you.
How are
you, sir?
10
THE COURT:
11
MR. PEACOCK:
Fine.
Thank you.
Fine.
How are you?
I'm here -
if I may just
12
13
counsel.
14
15
16
17
18
cause.
19
20
21
indigency.
22

You'll find

Chapter 27
23
24
25
that
10
11
12
13
THE COURT:
14
MR. PEACOCK:
15
THE COURT:
16
I understand.
matter.
17
MR. PEACOCK:
18
THE COURT:

19
20
21
proceeding.
22
MR. PEACOCK:
23
THE COURT:
24
25
MR. PEACOCK:

Always a
THE COURT:
Take care.
All right.
correct, counselor?
10
11
12

THE COURT:
13
14
15
16
17
18
19
The

morning?
MR. RODEMS:
20
referring to -
21
prepare?

22
THE COURT:
23
MR. RODEMS:
24
THE COURT:
25
MR. RODEMS:
Is that

Yes, sir.
It should be
MR. RODEMS:
THE COURT:
Yes, sir.
10
11
that to 72 hours.
12
hours.
13
MR. RODEMS:
14
THE COURT:
15
MR. RODEMS:
17
THE COURT:
19
20
Yes, sir, I will.
16
18
be correct.
Yes, sir, I will.
Okay.
MR. RODEMS:
Honor.
21
THE COURT:
Thank you so much.
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C E R T I F I CAT E
STATE OF FLORIDA
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Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Subject:

"Larry Murray" <lmurray@dempstercr.com>
Wednesday, June 01, 2011 7:47 PM
order a transcript
Larry Murray, President

Dempster Berryhill & Associates
Dear Mr. Murray,
I would like to order a transcript of the hearing today on an expedited basis, as quickly as possible.
Thank you.
Neil Gillespie
7/22/2015
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Attach:
Subject:
"Kelli Moss" <kellim@dempstercr.com>

Friday, June 03, 2011 9:10 AM
1 june 2011 gillespie.ptx; 1 june 2011 gillespie.pdf
transcript
Attached to this e-mail is an E-Transcript file. Open the attachment to

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7/22/2015

CIVIL DIVISION
NEIL J. GILLESPIE,
Plaintiff,
CASE NO:
05-CA-7205
vs.
DIVISION:
"J"

J. COOK,
Defendants.
___________________________/
BEFORE:

Circuit Court Judge
TAKEN AT:

Tampa, Florida
DATE AND TIME:
June 1, 2011
11:00 a.m.
REPORTED BY:
Penny M. Appleton

(813) 229-8225
A P P E A R A N C E S
1
2
Ryan C. Rodems
Attorney at Law

Mike Peacock
6
Public Defender
PO Box 172910
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THE COURT:
MR. RODEMS:
THE COURT:
5
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cause.
Good morning.
Okay.
Is that correct?
MR. RODEMS:
THE COURT:
Okay.
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documentation.
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MR. RODEMS:
15
THE COURT:
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MR. RODEMS:
Is that correct?
Yes, sir.
Okay.
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court on May 25th.
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THE COURT:
MR. RODEMS:
To Justice Thomas?
that here as well.
THE COURT:
MR. RODEMS:
THE COURT:
MR. PEACOCK:
There's a copy of
Like I said, I'll be happy to --
Sure.
-- hand it to you.
How are
you, sir?
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THE COURT:
11
MR. PEACOCK:
Fine.
Thank you.
Fine.
How are you?
I'm here -- if I may just
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counsel.
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cause.
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indigency.
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You'll find

I cite the particular statutes of 27 -- Chapter 27
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aware of, I have no reason to believe that -- that

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THE COURT:
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MR. PEACOCK:
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THE COURT:
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I understand.
matter.
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MR. PEACOCK:
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THE COURT:

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proceeding.
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MR. PEACOCK:
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THE COURT:
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MR. PEACOCK:

Always a
THE COURT:
Take care.
All right.
correct, counselor?
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MR. RODEMS:
Is that

THE COURT:
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The

morning?
MR. RODEMS:
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referring to -- is that something Your Honor will
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prepare?
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THE COURT:
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MR. RODEMS:
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THE COURT:
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Yes, sir.

It should be
MR. RODEMS:
THE COURT:
Yes, sir.
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that to 72 hours.
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hours.
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MR. RODEMS:
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THE COURT:
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MR. RODEMS:
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THE COURT:
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Yes, sir, I will.

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be correct.
Yes, sir, I will.

Okay.
MR. RODEMS:
Honor.
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THE COURT:
Thank you so much.
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C E R T I F I C A T E
1
2
STATE OF FLORIDA
I, Penny M. Appleton, Court Reporter for the
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evidence.
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___________________________
Penny M. Appleton
25

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Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Subject:

Monday, June 06, 2011 9:13 AM
Re: transcript
Thanks Kelli. If you provide an invoice I will make arrangements to pay.

Neil Gillespie
----- Original Message ----From: "Kelli Moss" <kellim@dempstercr.com>
To: "'Neil Gillespie'" <neilgillespie@mfi.net>
Sent: Friday, June 03, 2011 9:10 AM
Subject: transcript
> Attached to this e-mail is an E-Transcript file. Open the attachment to
> display the transcript.
>
> The free E-Transcript Viewer may be downloaded,
> <<http://www.reallegal.com/demosAndtours.asp>>.
>
> For technical support visit, <<http://www.reallegal.com/support.asp>>.
>
>
>
> ---------------------------------------------------------------> Transcript management in RealLegal Binder.
> Visit <<http://www.reallegal.com/binder.asp>>
>
>
7/22/2015
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

Monday, June 06, 2011 9:29 AM
20110606082326.pdf
FW: E-mail Message from DEMPSTER & ASSOCIATES
The attendance and transcript invoices are attached

-----Original Message----From: Outbound Scan [mailto:kellim@dempstercr.com]
Sent: Monday, June 06, 2011 9:24 AM
To: Kelli Moss
Subject: E-mail Message from DEMPSTER & ASSOCIATES
This is an E-mail message.
Please see the file attached.
Sent from
: Outbound Scan<kellim@dempstercr.com>
727-725-8749
Number of pages : 2
Date
: Mon, 06 Jun 2011 08:23:36 -0500
7/22/2015
Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Subject:
Kelli,

Thursday, June 09, 2011 4:49 PM
Re: E-mail Message from DEMPSTER & ASSOCIATES
Today I sent payment of $184.50 in a US Postal Service money order, delivery

confirmation number 0310 0480 0001 7282 4332. Thank you.
Neil Gillespie
Subject: FW: E-mail Message from DEMPSTER & ASSOCIATES
> The attendance and transcript invoices are attached
>
> -----Original Message----> From: Outbound Scan [mailto:kellim@dempstercr.com]
> Sent: Monday, June 06, 2011 9:24 AM
> To: Kelli Moss
> Subject: E-mail Message from DEMPSTER & ASSOCIATES
>
>
> This is an E-mail message.
> Please see the file attached.
>
> Sent from
>
727-725-8749
> Number of pages : 2
> Date
: Mon, 06 Jun 2011 08:23:36 -0500
>
>
7/22/2015
BELLEVIEW MAIN PO
BELLEVIEW, florida
344209998
1143840310 -0099
06/09/2011
(352)245-8777
01:52:01 PM
Product
Desc ri pt ion
Sales Receipt
Sale Unit
Oty Price
final
Price
DOM. Money Order 18741594508

Domestic Money Order fee
Subtotal:
$184.50
$1.10
$185.60
Total:
$185.60
Paid by:
Cash
Change Due:
$200.00
-$14.40
Order staMPS at USPS.coM/shop or call
1-800-Stamp24. Go to USPS.com/clicknship
to print shipping 1abels with postage.
for other inforlation ca11 1-800-ASK-USPS
Get your lail when and where you want it

with a secure Post Office Box. Sign up for
a box online at usPs.coM/poboxes
Bi11#: 1000100577070
Clerk: 06
All sales final on stamps and postage
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HELP US SERVE YOU BETTER
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UNITED STI.!TES
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NOT
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Serial Number
18741594508
Year, Month, Day
.1....,
Post Office
Amount
.114.~
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1ll
BELLEVIEW MAIN PO
BELLEVIEW. Florida
344209998
1143840310 -0099
06/09/2011
{352)245-8777
01:57:19 PM
Product
Description
Sales Receipt
Sale Unit
Oty Price
$5.65
Total:
$5.65
Paid by:
Cash
Change Due:
$6.00
-$0.35
Order stamps at USPS.com/shop or call

1-800-Stamp24. Go to USPS.com/c1icknship
to print shipping labels with postage.
for other information call 1-800-ASK-USPS.
www*************************************
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Get your mail when and where you want it

with a secure Post Office Box. Sign up for
a box online at usps.com/poboxes.
****************************************
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Bill#: 1000100577088
Cl ark: 06
All sales final on stamps and postage
Refunds for guaranteed services only
Thank you for your business
****************************************
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HELP US SERVE YOU BETTER

Go to: https://posta1experience.com/Pos
TELL US ABOUT YOUR RECENT
POSTAL EXPERIENCE
YOUR OPINION COUNTS
****************************************
****************************************
Customer Copy
Postage and Delivery Confinnatlon fees must be paid before mailing.

AdIc1e Sent to: (to be completed bynailer). . t..
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PS Form 152, May 2002
(see Reverse)
USPS - Track & Confirm
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Your item was delivered at 10:22 am on June 13, 2011 in

CLEARWATER, FL 33765.
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Sorting Complete, June 11, 2011, 9:11 am, CLEARWATER, FL 33765
Notice Left, June 11, 2011, 8:16 am, CLEARWATER, FL 33765
Notice Left, June 11, 2011, 7:56 am, CLEARWATER, FL 33765
Arrival at Post Office, June 11, 2011, 7:38 am, CLEARWATER, FL 33765
Processed through Sort Facility, June 10, 2011, 11:25 pm, TAMPA, FL 33605
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Page 1 of 1
Neil Gillespie
From:
To:
Sent:
Subject:

Thursday, June 09, 2011 4:58 PM
RE: E-mail Message from DEMPSTER & ASSOCIATES
Thank you Mr. Gillespie, we really appreciate it :)
-----Original Message----From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Thursday, June 09, 2011 4:50 PM
To: Kelli Moss
Subject: Re: E-mail Message from DEMPSTER & ASSOCIATES
Kelli,
Today I sent payment of $184.50 in a US Postal Service money order, delivery
confirmation number 0310 0480 0001 7282 4332. Thank you.
Neil Gillespie
Subject: FW: E-mail Message from DEMPSTER & ASSOCIATES
> The attendance and transcript invoices are attached
>
> -----Original Message----> From: Outbound Scan [mailto:kellim@dempstercr.com]
> Sent: Monday, June 06, 2011 9:24 AM
> To: Kelli Moss
> Subject: E-mail Message from DEMPSTER & ASSOCIATES
>
>
> This is an E-mail message.
> Please see the file attached.
>
> Sent from
>
727-725-8749
> Number of pages : 2
> Date
: Mon, 06 Jun 2011 08:23:36 -0500
>
>
7/22/2015
Case 5:10-cv-00503-WTH-DAB Document 33-1
https://en.wikipedia.org/wiki/Section_504_of_the_Rehabilitation_Act
From Wikipedia, the free encyclopedia
Section 504 of the Rehabilitation Act of 1973, Pub. L. No. 93-112, 87 Stat. 394 (Sept. 26, 1973), codified at
29 U.S.C. 701 (http://www.law.cornell.edu/uscode/29/701.html) et seq., is American legislation that guarantees
certain rights to people with disabilities. It was the first U.S. federal civil rights protection for people with
disabilities.[1] It took effect in May 1977. Because it was successfully implemented over the next several years,
it helped to pave the way for the Virginians with Disabilities Act in 1985 and the 1990 Americans with
Disabilities Act.
Section 504 states (in part):
No otherwise qualified individual with a disability in the United States, as defined in section 705(20)
of this title, shall, solely by reason of her or his disability, be excluded from the participation in, be
denied the benefits of, or be subjected to discrimination under any program or activity receiving
Federal financial assistance or under any program or activity conducted by any Executive agency
or by the United States Postal Service.
Codified as 29 U.S.C. 794 (http://www.law.cornell.edu/uscode/html/uscode29
/usc_sec_29_00000794----000-.html).
According to this law, Individuals with Disabilities are:
"persons with a physical or mental impairment which substantially limits one or more major life
activities."
where
"Major life activities include caring for one's self, walking, seeing, hearing, speaking, breathing,
working, performing manual tasks, and learning."[2]
However, "For purposes of employment", Qualified Individuals with Disabilities must also meet "normal and
essential eligibility requirements", such that:
"For purposes of employment, Qualified Individuals with Disabilities are persons who, with
Reasonable Accommodation, can perform the essential functions of the job for which they have
applied or have been hired to perform. "
where
"Reasonable Accommodation means an employer is required to take reasonable steps to
accommodate [one's] disability unless it would cause the employer undue hardship."[2]
That is, Qualified Individuals with Disabilities must be able to perform the job duties associated with the job for
which they would be hired. The USA Department of Labor also indicates that "Small Providers" do not have to
make "significant structural alterations to their existing facilities" to accommodate the individual with the
disability.[3]
"The ADA (Americans With Disabilities Act) was passed in 1990, and seems to pick up where the
Rehabilitation Act left off. Borrowing from the 504 definition of disabled person, and using the
familiar three-pronged approach to eligibility (has a physical or mental impairment, a record of an
impairment, or is regarded as having an impairment), the ADA applied those standards to most
private sector businesses, and sought to eliminate barriers to disabled access in buildings,
transportation, and communication. To a large degree, the passage of the ADA supplants the
employment provisions of 504, reinforces the accessibility requirements of 504 with more
specific regulations".[4]
The broad reach of Section 504 is implied in the statutory language above. Section 504 covers "any program or
activity receiving Federal financial assistance". Federal funds underwrite airports all over the country - it is no
accident that airports were among the first American facilities to become fully accessible. Federal funds also
flow to some 3,000 colleges and universities nationwide, typically in the form of grants and cooperative
agreements, but also through financial assistance for students. Colleges, universities, and community colleges
became accessible in the late 1970s and early to mid 1980s because of Section 504. Public libraries in many
thousands of communities receive federal financial assistance, directly or indirectly. These, too, became
accessible within just a few years of the implementation of section 504.
The law also pertains to any "local educational agency (as defined in section 8801 of Title 20), system of
vocational education, or other school system".[3] As applied to K-12 schools, "the language broadly prohibits the
denial of public education participation, or enjoyment of the benefits offered by public school programs because
of a childs disability."[4] Because another law, the Individuals with Disabilities Education Act (IDEA), also
applies to K-12 schools, people sometimes mistakenly assume that, with IDEA, the Rehabilitation Act is
superfluous. In fact, however, IDEA only protects a subset of children and youth who have disabilitiesthose
who satisfy its definition for "child with a disability".[5] Many young people with disabilities do not meet that
definition. However, many are protected by Section 504. In addition, Section 504 can be valuable in providing
rights to students for issues outside of the school day such as extracurricular activities, sports, and after school
care. That is because Section 504 prohibits discrimination on the basis of disability. For example, were a
basketball coach to cut a student with a disability from the team simply because he did not want to be bothered
by having a player on the team who has a disability, Section 504 is what would offer the student protection
against such unjust treatment. Schools comply with Section 504 with the following process: Identify students
with disabilities; evaluate those students; if the student is eligible, create a written accommodation plan, often
called a "504 Plan". It is similar to, but often shorter than, the IDEA Individualized Education Program (IEP).
Parents, teachers, and school staff are a part of the process. Parents have due process rights; where they
disagree with the determinations of the school, they have a right to an impartial hearing.
Violations of Section 504 in the educational environment can be addressed locally with the education agency or
with the Office for Civil Rights (http://www.ed.gov/about/offices/list/ocr/index.html?src=oc) (OCR) of the U.S.
Department of Education. Violations of Section 504 can result in a loss of the federal funding. According to the
Department[6] individuals may also enjoy a private right of action for violations of Sec. 504. Thus, Section 504 is
enforced by OCR. IDEA, by contrast, is carried out by another unit of the Department - the Office of Special
Education Programs (OSEP).
1 History
2 Extracurricular Activity
3 Legal Rights under Section 504
4 See also
5 References
6 External links
Section 504 was the last sentence in the 1973 Act. However, initially Joseph Califano, U.S. Secretary of Health,
Education and Welfare, refused to sign meaningful regulations for Section 504. After an ultimatum and deadline,
demonstrations took place in ten U.S. cities on April 5, 1977. The sit-in at the San Francisco Office of the U.S.
Department of Health, Education and Welfare, led by Judith Heumann and organized by Kitty Cone, lasted until
May 4, 1977, a total of 28 days. More than 150 demonstrators refused to disband. This action is the longest
sit-in at a federal building to date. Joseph Califano signed the regulations on April 28, 1977.[7][8][9][10][11][12]
Over the next several years, Section 504 was somewhat controversial because it afforded people with disabilities
many rights similar to those for other minority groups in the Civil Rights Act of 1964. Throughout the Reagan
administration, efforts were made to weaken Section 504. Patrisha Wright and Evan Kemp, Jr. (of the Disability
Rights Center) led a grassroots and lobbying campaign against this that generated more than 40,000 cards and
letters.[7] In 1984, the administration dropped its attempts to weaken Section 504; however, they did end the
Social Security benefits of hundreds of thousands of disabled recipients.[7] The Americans with Disabilities Act
of 1990 extended Section 504 to much of the private sector (notably private employers, stores, hotels, and
restaurants), while specifically stating that it made no amendments, weakening or otherwise, to Section 504.
Section 504 covers extracurricular and after school programs such as sports, music lessons, and after school
care. 34 C.F.R. 104 (http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title34
/34cfr104_main_02.tpl).37.
The US Department of Education Office of Civil Rights has determined that Section 504 applies to
Playgrounds - Hazelton (PA) Area School District, 17 EHLR 907 (OCR, March 7, 1991); San Francisco
(CA) Unified Sch. Dist., 23 IDELR 1200 (OCR, November 26, 1995); Mill Valley (CA) Elementary Sch.
Dist., 23 IDELR 1190 (OCR, October 10, 1995);
Band Programs - Akron (OH) City Sch., 19 IDELR 793 (OCR, January 15, 1993);
Special Programs and assemblies - Whitman-Hanson (MA) Regional Sch. Dist., 20 IDELR 775 (OCR,
August 19, 1993); Atlanta (GA) Pub. Sch., 16 EHLR 19 (OCR, January 9, 1989)
Field Trips and Off Site Programs - Ontario-MontClair (CA) Unified Sch. Dist., 24 IDELR 780 (OCR,
February 7, 1996); Elk Grove (CA) Unified Sch. Dist., 21 IDELR 941 (OCR, August 1, 1994)
Clubs - Colquitt County (GA) Sch. Dist., 25 IDELR 244 (OCR, June 6, 1996); South Central (IN) Area
Special Educ. Coop., 17 EHLR 248 (September 25, 1990);
After School and Summer Programs - Clayton (MO) Sch. Dist., 16 EHLR 766 (OCR, March 16, 1990);
Conejo Valley (CA) Unified Sch. Dist., 23 IDELR 448 (OCR, June 28, 1995);
Graduation - Aldine (TX) Indep. Sch. Dist., 16 EHLR 1411 (OCR, July 12, 1990); and
Late Bus Transportation - Carmel Cent. (NY) Sch. Dist., 20 IDELR 1177 (OCR, September 30, 1993).
Although not in the text of the statute, courts have held that individuals have a private right of action under
Section 504. While punitive damages are not available, compensatory damages are available to plaintiffs. See
Barnes v. Gorman (http://law.onecle.com/ussc/536/536us186.html), 536 U.S. 181, 185 (2002) (stating that
punitive damages are not to be awarded under Section 504). Arguably, these rights extend to include emotional
distress damages. See Section 504 Brief (http://www.napas.org/amicus/briefs/AmBriefSection504.pdf), arguing
that emotional distress damages are available under Section 504.
In addition to its responsibility for enforcing other Federal statutes prohibiting discrimination in housing, The US
Department of Housing and Urban Development(HUD) has a statutory responsibility under Section 504 to
ensure that individuals are not subjected to discrimination on the basis of disability by any program or activity
receiving HUD assistance. Section 504 charges HUD's Office of Fair Housing and Equal Opportunity with
enforcing the right of individuals to live in federally subsidized housing free from discrimination on the basis of
disability. Further, Section 504 covers employment discrimination based on disability and requires HUD and
HUD-assisted agencies to make reasonable accommodations for the known physical or mental limitations of an
employee or qualified applicant. It covers all HUD programs except for its mortgage insurance and loan
guarantee programs.[13]
Any housing that receives federal assistance, such as Section 8 public housing, is subject to Section 504
regulations and requirements. Any person with a disability who feels himself or herself a victim of discrimination
in a HUD-funded program or activity may file a complaint with HUD under Section 504. A complaint can be
filed with HUD's Office of Fair Housing and Equal Opportunity.[14] If a person with disabilities who feels subject
to discrimination in a housing situation that does not receive federal assistance, they can also file a complaint
through the Americans with Disabilities Act and Title VIII of the Civil Rights Act.
Fair Housing Act
1. "Short History of the 504 Sit in" (https://dredf.org/504site/histover.html). dredf.org.

2. USA Dept of Health&Human Services - Section 304 discussion (http://www.dhhs.gov/ocr/504.html)
3. "OASAM" (http://www.dol.gov/oasam/regs/statutes/sec504.htm). dol.gov.
4. David M. Richards, Attorney at Law - Richards Lindsay & Martin, L.LP. (http://www.504idea.org
/504overview.html#I)
5. Title 34Education 300.8 "Child with a disability means a child . . . having mental retardation, a hearing
impairment (including deafness), a speech or language impairment, a visual impairment (including blindness), a
serious emotional disturbance (referred to in this part as emotional disturbance), an orthopedic impairment,
autism, traumatic brain injury, an other health impairment, a specific learning disability, deaf-blindness, or multiple
disabilities, and who, by reason thereof, needs special education and related services."
6. "Protecting Students With Disabilities" (http://www.ed.gov/about/offices/list/ocr/504faq.html#interrelationship).
ed.gov.
7. "Disability History Timeline" (http://isc.temple.edu/neighbor/ds/disabilityrightstimeline.htm). Rehabilitation
Research & Training Center on Independent Living Management. Temple University. 2002.
8. "The Regents of the University of California. 2008. "The Disability Rights and Independent Living Movement."
Berkeley, CA: The University of California Berkeley" (http://bancroft.berkeley.edu/collections/drilm/resources
/timeline.html). Retrieved 6 October 2014.
9. "Disability Social History Project, article title Famous (and not-so-famous) People with Disabilities"
(http://www.disabilityhistory.org/people.html#heumann). Retrieved 6 October 2014.
10. "EDGE - Curriculum - Biology" (http://www.disabilityhistory.org/dwa/edge/curriculum/gov_contenta7.htm).
disabilityhistory.org.
11. "Political Organizer for Disability Rights, 1970s-1990s, and Strategist for Section 504 Demonstrations, 1977"
(http://www.oac.cdlib.org/view?docId=kt1w1001mt&brand=oac4&doc.view=entire_text). cdlib.org.
12. "Kitty Cone, Facts On File, Inc., 2009. American History Online; Facts on File information obtained from
Encyclopedia of American Disability History" (http://www.fofweb.com/History
/MainPrintPage.asp?iPin=EADH0161&DataType=AmericanHistory&WinType=Free). Encyclopedia of American
Disability History.
13. Section (http://portal.hud.gov/hudportal/HUD?src=/programdescription/sec504). Portal.hud.gov. Retrieved on
2013-08-15.
14. Fair Housing / Equal Opportunity (http://portal.hud.gov/hudportal/HUD?src=/program_offices
/fair_housing_equal_opp). Portal.hud.gov. Retrieved on 2013-08-15.
Switzer, Jacqueline Vaughn. Disabled Rights: American Disability Policy and the Fight for Equality.
Georgetown University Press, 2003.
OCR Senior Staff Memoranda, Guidance on the Application of Section 504 to Noneducational Programs
of Recipients of Federal Financial Assistance, January 3, 1990.
Lynch, William, "The Application of Title III of the Americans with Disabilities Act to the Internet: Poor
E-Planning Prevents Poor E-Performance," 12 CommLaw Conspectus: Journal of Communications Law
and Policy 245 (2004).
Short History of the 504 Sit in, by Kitty Cone (https://dredf.org/504site/histover.html)

The Act (http://www.blind.net/bg320001.htm)
Section 504 (http://www.nichcy.org/Laws/ADA/Pages/Section504.aspx) NICHCY
File a housing discrimination complaint (http://portal.hud.gov/hudportal/HUD?src=/program_offices
/fair_housing_equal_opp/online-complaint)
Section 504 (http://www.section508.gov/index.cfm?FuseAction=Content&ID=15) at Section 508.gov
Frequently Asked Questions About Section 504 and the Education of Children with Disabilities
(http://www.ed.gov/about/offices/list/ocr/504faq.html) US Dept of Education
Overview of Section 504 (http://www.504idea.org/504overview.html) Section504idea.org
Section 504 and Food Allergy Primer (http://www.foodallergyadvocate.com/Section504IDEA.htm) Primer
on Section 504 and Food Allergy in Schools
Fairbanks North Star Borough School District Section 504 Handbook (http://www.northstar.k12.ak.us
/index.php?i_page=466) Filled with forms and outlines and excellent information.
University of Iowa Section 504 Training (http://www.uiowa.edu/infotech/504Training.htm)
Cybertelecom :: Section 504 (http://www.cybertelecom.org/ada/504.htm) implications for the provision of
IT
Class Member (http://journals.aol.com/lstengle/GaskinClassMember/Gaskin) A blog written by the mother
of a class member in a statewide lawsuit regarding inclusion in education in Pennsylvania.
Section 504 Brief (http://www.napas.org/amicus/briefs/AmBriefSection504.pdf) A brief arguing that
emotional distress damages are available under Section 504.
USA Dept of Health&Human Services (http://www.dhhs.gov/ocr/504.html) and USA Dept of Labor
(http://www.dol.gov/oasam/regs/statutes/sec504.htm) are Official Government Websites
The Inherent Dilemmas of a Schedule "A" Appointee (http://www.psretirement.com/inherent-dilemmas-
of-a-schedule-a-appointee-section-501/)
Extracurricular Activities
* Section 504: Accommodations & After-School Programs (http://www.wrightslaw.com
/info/sec504.afterschool.crabtree.htm) Robert Crabtree
* Non-Academic and Extracurricular Services under Section 504 (http://www.specialchild.com/archives
/lf-013.html) Phil Stinson, Esq.
* Beyond the Classroom, iPAT (http://www.uiowa.edu/infotech/BeyondtheClassroom.htm) University of
Iowa
Retrieved from "https://en.wikipedia.org/w/index.php?title=Section_504_of_the_Rehabilitation_Act&
oldid=645052233"
Categories: Special education Special education in the United States
United States federal civil rights legislation United States federal disability legislation
This page was last modified on 31 January 2015, at 22:03.
Text is available under the Creative Commons Attribution-ShareAlike License; additional terms may
apply. By using this site, you agree to the Terms of Use and Privacy Policy. Wikipedia is a registered
trademark of the Wikimedia Foundation, Inc., a non-profit organization.
10
Page 1 of 2
Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:

"Jeff Atwater, CFO" <Jeff.Atwater@myfloridacfo.com>; <PublicRecordsRequest@myfloridacfo.com>
Thursday, December 18, 2014 3:26 PM
1A supporting doc in Banner Finance 2 deposts writs-garnishment 05-CA-7205 1p.pdf; 1A copy of
receipt 05-CA-7205 for 1 of 2 writs 7-29-2008, receipt 1366500 (PAB-2) 1p.pdf; 1A copy of receipt 05CA-7205 for 1 of 2 writs 7-29-2008, receipt 1366500 (PAB-5) 1p.pdf; 1A copy of receipt 05-CA-7205
for 2 of 2 writs 7-29-2008, receipt 1366507 (RWB-3) 1p.pdf; 1A copy of receipt 05-CA-7205 for 2 of 2
writs 7-29-2008, receipt 1366507 (RWB-6) 1p.pdf; 1A docket showing writs of garnishment issued 05CA-7205 1p.pdf; 1D distribution for 2 $100 deposits on check 357968 to unclaimed (05-CA-7205)
1p.pdf; 1C schedule registry funds, garnishments Circuit Civil to State 43.19 (05-CA-7205) 1p.pdf; 1D
$200 deposit writ-garnishment issued to state 11-18-2013 check 357968 (05-CA-7205) 1p.pdf; 1B
Answer of Garnishee, Cert of Serv, Park Ave Bank 05-CA-7205 3p.pdf; 4A screen print balance owed
05-CA-7205 ($587.77) 1p.pdf; 4A screen print 1 of 3 assessments (charges) 05-CA-7205 $2.00
1p.pdf; 4A screen print 2 of 3 assessments (charges) 05-CA-7205 $16.27 1p.pdf; 4A screen print 3 of
3 assessments (charges) 05-CA-7205 $569.50 1p.pdf; 4A screen print all financial transactions 05CA-7205 Neil J Gillespie 3p.pdf; 2014, 11-06-14, Docket 05-CA-7205.pdf; 2013, 10-15-13, Order
Unclaimed Funds-Hillsborough 13-AF-000058 $200.pdf; State of Florida Unclaimed Property, Florida
Treasure Hunt-UNAVAILABLE.pdf; Check No 3042, operating account of Barker, Rodems & Cook
PA.pdf; Check No 3043, operating account of Barker, Rodems & Cook PA.pdf
public records about Unclaimed Court Registry Funds
Jeff Atwater, Chief Financial Officer

Jeff.Atwater@myfloridacfo.com
PublicRecordsRequest@myfloridacfo.com
Dear Mr. Atwater,
This is a request for public records about Unclaimed Court Registry Funds sent by court Order signed
October 15, 2013 by Chief Judge Menendez of the Thirteenth Judicial Circuit to deposit with you, the
Chief Financial Officer. Attached you will find the two page order, and a third page showing $200 at
item 566, fund or account MD1949, Gillespie, Neil J vs Barker, Rodems & Cook, PA, and Cook,
William J.
Does that $200 belong to me? If so, kindly send the money to me.
Otherwise, Pat Frank, Clerk of the Circuit Court provided me copies of checks No. 3043 and No. 3042
in the amount of $188 each from the operating account of Barker, Rodems & Cook PA that were
tendered under my name in payment to the Clerk of garnishment fees against myself, see attached. That
is false, and makes no sense. I did not travel 100 miles to pay in person two fees of $188 each to garnish
my own bank account, and trust account with attorney Robert W. Bauer. Below is a list of attached
documents.
1A copy of receipt 05-CA-7205 for 1 of 2 writs 7-29-2008, receipt 1366500 (PAB-2) 1p
1A copy of receipt 05-CA-7205 for 1 of 2 writs 7-29-2008, receipt 1366500 (PAB-5) 1p
1A copy of receipt 05-CA-7205 for 2 of 2 writs 7-29-2008, receipt 1366507 (RWB-3) 1p
1A copy of receipt 05-CA-7205 for 2 of 2 writs 7-29-2008, receipt 1366507 (RWB-6) 1p
1A docket showing writs of garnishment issued 05-CA-7205 1p
1A supporting doc in Banner Finance 2 deposts writs-garnishment 05-CA-7205 1p
1B Answer of Garnishee, Cert of Serv, Park Ave Bank 05-CA-7205 3p
1C schedule registry funds, garnishments Circuit Civil to State 43.19 (05-CA-7205) 1p
11
7/24/2015
Page 2 of 2
1D $200 deposit writ-garnishment issued to state 11-18-2013 check 357968 (05-CA-7205) 1p

1D distribution for 2 $100 deposits on check 357968 to unclaimed (05-CA-7205) 1p
4A screen print 1 of 3 assessments (charges) 05-CA-7205 $2.00 1p
4A screen print all financial transactions 05-CA-7205 Neil J Gillespie 3p
4A screen print balance owed 05-CA-7205 ($587.77) 1p
2013, 10-15-13, Order Unclaimed Funds-Hillsborough 13-AF-000058 $200
2014, 11-06-14, Docket 05-CA-7205
Check No 3042, operating account of Barker, Rodems & Cook PA
Check No 3043, operating account of Barker, Rodems & Cook PA
State of Florida Unclaimed Property, Florida Treasure Hunt-UNAVAILABLE
I looked on the Florida Unclaimed Property site around the same time I learned this information, and
was greeted by a message "The Unclaimed Property website will be unavailable from approximately
10PM EDT, Friday 11/7/2014 until approximately 12AM EDT, Saturday 10/08/2014. We apologize for
the inconvenience."
Provide records showing why the website was unavailable. Thank you.
Neil J. Gillespie
8092 SW 115th Loop
252-854-7807
neilgillespie@mfi.net
7/24/2015
12

Appellant's Notice and Motion To The Court 2D14-5388

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Filing # 30093594 E-Filed 07/25/2015 06:33:10 PM

SECOND DISTRICT COURT OF APPEAL

Appellate Case: 2D14-5388

Thank you for bringing this matter to our attention.

This Courts response to my Title II ADA Accommodation Request shows

1973, Wikipedia. (Exhibit 9). https://en.wikipedia.org/wiki/Section_504_of_the_Rehabilitation_Act

I have a Right to Conflict-free counsel, http://en.wikipedia.org/wiki/Right_to_counsel

The Clerks Order entered May 28, 2015 (Exhibit 2) states,

I responded to Mr. Bohner by email (Exhibit 7/with attachments/54pages) on Thursday,

Hon. Melinda M. Miguel, Florida Chief Inspector General

APPELLANTS MOTION TO EXTEND TIME, CASE NO.: 2D14-5388, 19p

Clerk Birkholds Order June 10, 2015, CASE NO.: 2D14-5388,

Section 504 of the Rehabilitation Act - Wikipedia

Email Dec-18-2014 records request Jeff Atwater, Chief Financial Officer

Mr. Neil Gillespie

Chief Inspector General Case # 201505200004

Dear Mr. Gillespie:

The Honorable Jorge Labarga, Chief Justice

Florida Supreme Court

500 South Duval Street

Thank you for bringing this matter to our attention.

'"T'.r!\ L. L.}~~; r "f' /'!(~~~~':::~ [E F',: 1...

Mr. Neil Gillespie

8092 S.W 115th Loop

.1. J'I, '1111" f' "1',,'1'" ,J III" 'II, 'IUII'.," II."

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

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

CASE NO.: 2D14-5388

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

BY ORDER OF THE COURT:

Barker, Rodems & Cook, P A

DISTRICT COURT OF APPEAL

P.O. BOX 327

LAKELAND, FLORIDA 33802..0327

' " - . . - . PITNEY BOWES

3448 i $:::667 RC;e7

J/IllililiJ 11IIJIJJi/llillllllIIlilliili/lilllii/! IJIII/liJ//1111

SECOND DISTRICT COURT OF APPEAL

Appellate Case: 2D14-5388

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

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

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

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

Other Grounds for Civil Counsel Appointment

This Courts response to my Title II ADA Accommodation Request

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

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

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

Section 27.40(3) In using a registry:

IG White is wrong in his statement:

Other Grounds for Civil Counsel Appointment

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

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

Social Security Disability determination (Exhibit 5)

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

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

Constitutional requirement of due process under Florida law:

Case law for due process under Florida Law:

'"T'.r!\ L. L.}; r "f' /'!(~~':::~ [E F',: 1...