Filing # 61193760 E-Filed 08/31/2017 12:45:30 PM

IN THE SUPREME COURT OF FLORIDA

STATE OF FLORIDA

NEIL J. GILLESPIE, INDIVIDUALLY

AND AS FORMER TRUSTEE OF THE
TERMINATED GILLESPIE FAMILY
LIVING TRUST AGREEMENT,

Petitioner, CASE NO.: SC17-1570

APPEAL: 5D17-2273
V. LT: 2013-CA-000115
Marion County Circuit Civil
REVERSE MORTGAGE
SOLUTIONS, INC.,

Respondent.
_________________________________/

PETITIONERS’ MOTION TO CORRECT FRAUD UPON THE COURT

Petitioner Neil J. Gillespie, an indigent non-lawyer, unable to obtain

adequate counsel, a consumer of legal and court services affecting interstate

commerce, a consumer of personal, family and household goods and services,

consumer transactions in interstate commerce, a person with disabilities, and a

vulnerable adult, henceforth in the first person, reluctantly appears pro se, and files

Petitioners’ Motion To Correct Fraud Upon The Court, and states:

1. Fraud upon the court is an egregious offense against the integrity of the

judicial system and is more than a simple assertion of facts in a pleading which

might later fail for lack of proof. Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d 249,

252 (Fla. 1st DCA 2012).

APPENDIX 8
 PETITIONERS’ MOTION TO CORRECT FRAUD UPON THE COURT

2. On August 25, 2017, this Court entered two different Orders that dismissed

this appeal, Case No. SC17-1570; each Order shows a different petitioner, and

each Order each shows the wrong trial judge.

3. On July 18, 2017, in Case No. SC17-1321, this Court entered an Order that

appears at Exhibit 1, and states,

Petitioner has submitted an “Emergency Petition to Cancel Non-Jury Trial

10:00 AM Today,” which this Court has treated as a petition for writ of
prohibition. The petition for writ of prohibition is hereby transferred,
pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fifth
District Court of Appeal...

4. My “Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today,” was

treated as a petition for writ of prohibition, designated as Case No. 5D17-2273, and

denied by the Fifth District Court of Appeals on August 2, 2017. Exhibit 2.

5. I appealed the denial of 5D17-2273 to this Court, now designated as Case

No. SC17-1570. This Court dismissed SC17-1570 on August 25, 2017.

6. One Order entered by this Court to dismiss SC17-1570 on August 25, 2017

was provided me through 5DCA CaseMail (Exhibit 3) with Portal filing numbers:

Filing # 60913756 E-Filed 08/25/2017 12:25:11 PM

The Order shows the Petitioner is NEIL J. GILLESPIE, ETC. The Order wrongly

shows “HON. HALE RALPH STANCIL, JUDGE”. A version of this Order was

mailed to me without Portal filing numbers at top. (Exhibit 4).

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 PETITIONERS’ MOTION TO CORRECT FRAUD UPON THE COURT

7. Another Order entered by this Court to dismiss SC17-1570 on August 25,

2017 appears on this Court’s docket. (Exhibit 5). The Order wrongly shows the

Petitioner is “MARK GILLESPIE”. The Order wrongly shows “HON. HALE

RALPH STANCIL, JUDGE”. The Order does not show Portal filing numbers.
https://efactssc-public.flcourts.org/casedocuments/2017/1570/2017-1570_disposition_140046.pdf

8. MARK GILLESPIE was not a party to 5D17-2273 / SC17-1570. The Hon.

Hale Ralph Stancil was not the trial judge in 5D17-2273 / SC17-1570.

9. The Hon. Ann Melinda Craggs was trial judge in 5D17-2273 / SC17-1570.

10. The Supreme Court has the authority and the duty to prevent the misuse and

abuse of the judicial system. Day v. State, 903 So. 2d 886 (Fla. 2005).

11. This is not a motion for rehearing or reinstatement.

WHEREFORE I move this Court to correct the record created by fraud upon

the court. The Hon. Ann Melinda Craggs was the trial judge in 5D17-2273 / SC17-

1570. MARK GILLESPIE was not a party to 5D17-2273 / SC17-1570. The Hon.

Hale Ralph Stancil was not the trial judge in 5D17-2273 / SC17-1570.

RESPECTFULLY SUBMITTED August 31, 2017

NEIL J. GILLESPIE, INDIVIDUALLY AND AS FORMER TRUSTEE OF

THE TERMINATED GILLESPIE FAMILY LIVING TRUST AGREEMENT
8092 SW 115th Loop
Ocala, FL 34481
Tel: 352-854-7807 Email: neilgillespie@mfi.net

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 PETITIONERS’ MOTION TO CORRECT FRAUD UPON THE COURT

Service List August 31, 2017

I HEREBY CERTIFY the following names were served today August 31,
2017 on the Florida Portal by email. /s/ Neil J. Gillespie

Hon. Ann Melinda Craggs, Judge

Email: amcraggs@circuit5.org

Hon. Hale Ralph Stancil, Judge

Email: hstancil@circuit5.org

Hon. David R. Ellspermann, Clerk

Email: Ellspermann@marioncountyclerk.org

Hon. Joanne P. Simmons, Clerk

Email: simmonsj@flcourts.org

Curtis Alan Wilson, Esq.

McCalla Raymer Leibert Pierce, LLC
Email: MRService@mrpllc.com
Email: MRService@mccalla.com

Justin R. Infurna, Esq., LL.M

The Infurna Law Firm, P.A.
Attorney for Mark Gillespie
Email: justin@infurnalaw.com
Email: justininfurna@gmail.com

Florida Portal Support

Email: support@myflcourtaccess.com
Email: ProSe-support@myflcourtaccess.com

4
 Supreme Court of Florida
TUESDAY, JULY 18, 2017

CASE NO.: SC17-1321

Lower Tribunal No(s).:
422013CA000115CAAXXX

NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE SOLUTIONS, INC.

Petitioner(s) Respondent(s)

Petitioner has submitted an “Emergency Petition to Cancel Non-Jury Trial

10:00 AM Today,” which this Court has treated as a petition for writ of

prohibition. The petition for writ of prohibition is hereby transferred, pursuant to

Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fifth District Court of

Appeal. The transfer of this case should not be construed as an adjudication or

comment on the merits of the petition, nor as a determination that the transferee

court has jurisdiction or that the petition has been properly denominated as a

petition for writ of prohibition. The transferee court should not interpret the

transfer of this case as an indication that it must or should reach the merits of the

petition. The transferee court shall treat the petition as if it had been originally

filed there on the date it was filed in this Court and is instructed to consider

expediting the petition as it appears to be time sensitive based upon the

allegations; however, a determination to expedite consideration is at the discretion

1
CASE NO.: SC17-1321
Page Two

of the transferee court. Any determination concerning whether a filing fee shall be

applicable to this case shall be made by the transferee court. Any and all pending

motions in this case are hereby deferred to the transferee court.

Any future pleadings filed regarding this case should be filed in the above

mentioned district court at 300 South Beach Street, Daytona Beach, Florida 32114.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND,

IF FILED, DETERMINED.

A True Copy
Test:

two
Served:

CURTIS ALAN WILSON

NEIL J. GILLESPIE
HON. JOANNE P. SIMMONS, CLERK
HON. DAVID R. ELLSPERMANN, CLERK
 IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT

NEIL J. GILLESPIE, INDIVIDUALLY , AND AS

FORMER TRUSTEE (F.S CH. 736 PART III)
OF THE TERMINATED GILLESPIE FAMILY
LIVING TRUST AGREEMENT DATED
FEBRUARY 10, 1997 (TERMINATED TRUST),

Petitioner,

v. CASE NO. 5D17-2273

REVERSE MORTGAGE SOLUTIONS, INC.,

Respondent.
________________________/

DATE: August 02, 2017

BY ORDER OF THE COURT:

ORDERED that the Petition for Writ of Prohibition, filed July 18, 2017, is

denied on the merits.

I hereby certify that the foregoing is

(a true copy of) the original Court order.

Panel: Judges Orfinger, Torpy, and Eisnaugle

cc:

Curtis A Wilson Neil J. Gillespie Hon. Ann Melinda Craggs

2
 Page 1 of 1

Neil Gillespie

From: <eFile5DCA@flcourts.org>
To: <neilgillespie@mfi.net>
Sent: Wednesday, August 02, 2017 11:15 AM
Subject: CaseMail: An Order(Order Denying Original Petition) has been issued in case: 17-2273 (Category:
Civil)
An order has been issued in the above referenced case. You may use the link below to view the order or
you can log on eDCA to access the order.

https://edca.5dca.org/eOrder.aspx?id=64912-130744-1218087-148659

Please DO NOT respond to this email. It was sent from an unattended mailbox.

An order has been issued in the above referenced case. You may use the link below to view the order or
you can log on eDCA to access the order.

https://edca.5dca.org/eOrder.aspx?id=64912-130744-1218087-148659

Please DO NOT respond to this email. It was sent from an unattended mailbox.

8/2/2017
Filing # 60913756 E-Filed 08/25/2017 12:25:11 PM

Supreme Court of Florida

FRIDAY, AUGUST 25, 2017

CASE NO.: SC17-1570

Lower Tribunal No(s).:
5D17-2273; 422013CA000115CAAXXX

NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE

SOLUTIONS

Petitioner(s) Respondent(s)

This case is hereby dismissed. This Court lacks jurisdiction to review an

unelaborated decision from a district court of appeal that is issued without opinion
or explanation or that merely cites to an authority that is not a case pending review
in, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla.
2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d
1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v.
Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ’g Co. v. Editorial Am. S.A.,
385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).
No motion for rehearing or reinstatement will be entertained by the Court.

A True Copy
Test:

td
Served:
CURTIS ALAN WILSON
NEIL J. GILLESPIE
HON. HALE RALPH STANCIL, JUDGE
HON. DAVID R. ELLSPERMANN, CLERK
HON. JOANNE P. SIMMONS, CLERK

3
 Page 1 of 1

Neil Gillespie

From: <eFile5DCA@flcourts.org>
To: <neilgillespie@mfi.net>
Sent: Friday, August 25, 2017 1:24 PM
Subject: CaseMail: A Document(Supreme Court Disposition) has been filed in case: 17-2273 (Category: Civil)
DCA Case No: 17-2273
Case Name : NEIL J. GILLESPIE, INDIVIDUALLY , AND AS FORMER TRUSTEE (F.S CH. 736
PART III) OF THE TERMINATED GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED
FEBRUARY 10, 1997 (TERMINATED TRUST) v REVERSE MORTGAGE SOLUTIONS, INC.
LT Case No : 42-2013-CA-00115CAAXXX

A document has been filed in the above referenced case. You may use the link below to view the
document or you can log on eDCA to access the document.
https://edca.5dca.org/eNotice.aspx?id=64912-5645-1224496-148659

Please DO NOT respond to this email. It was sent from an unattended mailbox.

DCA Case No: 17-2273

Case Name : NEIL J. GILLESPIE, INDIVIDUALLY , AND AS FORMER TRUSTEE (F.S CH. 736
PART III) OF THE TERMINATED GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED
FEBRUARY 10, 1997 (TERMINATED TRUST) v REVERSE MORTGAGE SOLUTIONS, INC.
LT Case No : 42-2013-CA-00115CAAXXX

A document has been filed in the above referenced case. You may use the link below to view the
document or you can log on eDCA to access the document.
https://edca.5dca.org/eNotice.aspx?id=64912-5645-1224496-148659

Please DO NOT respond to this email. It was sent from an unattended mailbox.

8/25/2017
4
 Supreme Court of Florida
FRIDAY, AUGUST 25, 2017

CASE NO.: SC17-1570

Lower Tribunal No(s).:
5D17-2273; 422013CA000115CAAXXX

MARK GILLESPIE vs. REVERSE MORTGAGE

SOLUTIONS

Petitioner(s) Respondent(s)

This case is hereby dismissed. This Court lacks jurisdiction to review an

unelaborated decision from a district court of appeal that is issued without opinion
or explanation or that merely cites to an authority that is not a case pending review
in, or reversed or quashed by, this Court. See Wells v. State, 132 So. 3d 1110 (Fla.
2014); Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v. State, 846 So. 2d
1141 (Fla. 2003); Stallworth v. Moore, 827 So. 2d 974 (Fla. 2002); Harrison v.
Hyster Co., 515 So. 2d 1279 (Fla. 1987); Dodi Publ’g Co. v. Editorial Am. S.A.,
385 So. 2d 1369 (Fla. 1980); Jenkins v. State, 385 So. 2d 1356 (Fla. 1980).
No motion for rehearing or reinstatement will be entertained by the Court.

A True Copy
Test:

td
Served:
CURTIS ALAN WILSON
MARK GILLESPIE
HON. HALE RALPH STANCIL, JUDGE
HON. DAVID R. ELLSPERMANN, CLERK
HON. JOANNE P. SIMMONS, CLERK
 http://jweb.flcourts.org/pls/docket/ds_docket?p_caseyear=2017&p_casenumber=1570&psCourt=FSC&psSearchType=

Florida Supreme Court Docket

Case Docket
Case Number: SC17-1570 - Closed

NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE SOLUTIONS

Lower Tribunal Case(s): 5D17-2273, 422013CA000115CAAXXX

Right-click to copy shortcut directly to this page

Date
Doc. Docketed Description Filed By Notes
08/23/2017 NOTICE-DISCRETIONARY PS Neil J. Gillespie BY: PS Neil J. Gillespie Filed as a "Notice of Appeal" & treated as a Notice -
JURIS (DIRECT CONFLICT) Discretionary Jurisdiction
08/25/2017 No Fee - Insolvent Insolvent Below
08/25/2017 DISP-REV/APPEAL DISM NO This case is hereby dismissed. This Court lacks
JURIS OMNIBUS jurisdiction to review an unelaborated decision from a
district court of appeal that is issued without opinion or
explanation or that merely cites to an authority that is not a
case pending review in, or reversed or quashed by, this
Court. See Wells v. State, 132 So. 3d 1110 (Fla. 2014);
Jackson v. State, 926 So. 2d 1262 (Fla. 2006); Gandy v.
State, 846 So. 2d 1141 (Fla. 2003); Stallworth v. Moore,
827 So. 2d 974 (Fla. 2002); Harrison v. Hyster Co., 515
So. 2d 1279 (Fla. 1987); Dodi Publ'g Co. v. Editorial
Am. S.A., 385 So. 2d 1369 (Fla. 1980); Jenkins v. State,
385 So. 2d 1356 (Fla. 1980). No motion for rehearing or
reinstatement will be entertained by the Court.

8/25/2017 3:10 PM