further rebuttal to castagliuolo tfb no. 2013-10,162 (6d), rule 3-5.2

Via Email: [email protected], and October 18, 2012 U.P.S. No. lZ64589FP290872302

Theodore P. Littlewood Jr., Bar Counsel ACAP, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300

Re: Rebuttal to Mr. Castagliuolo's September 19, 2012 letter, File No. 2013-10,162 (6D)

Dear Mr. Littlewood:

Thank you for your letter dated October 4, 2012 wherein you provided Mr. Castagliuolo's follow-up response to my rebuttal, which was e-mailed to me. You also noted, "If you wish to file a further rebuttal, please do so in writing by October 18, 2012. Additionally, you must send a copy to Mr. Castagliuolo."

Prior to receiving your letter, on October 2, 2012 I submitted a one page further rebuttal, and noted it was "Submitted in lieu of a response to my September 25, 2012 request for leave to submit a second rebuttal." In the past the Tampa Branch Office improperly closed my complaint against Mr. Rodems in TFB No. 2007-11,162(13D) claiming that I did not respond, so I did not want that to happen again. Anyway, central ACAP in Tallahassee seems like an improvement over the old system of submitting complaints directly to a Branch Office, so perhaps my current concern is misplaced.

In accordance with your letter, I wherewith resubmit my letter of October 2, 2012 as a further rebuttal to Mr. Castagliuolo. A copy of my October 2, 2012 further rebuttal is enclosed.

Since then I have reviewed documents in Mr. Castagliuolo's lawsuit against attorney Jackson K. Hilliard, case no. 12-001110-CO, Pinellas County. I also recently learned that Mr. Castagliuolo defaulted on a $181,400 home mortgage, and the foreclosure sale was May 21, 2012, among other things. Therefore, enclosed is a suggestion of emergency suspension under Rule 3-5.2(a). This is in addition to my enclosed letter of October 2, 2012. Due to time constraints, I did not include an Appendix for the Exhibits. Due to Bar's limitation of25 pages, I did not include Exhibits 1-29 which exceed that amount. Upon your request I will make an Appendix and submit the Exhibits. Thank you.

Sincerely, Neil J. O'illespie 8092 SW 115th Loop Ocala, Florida 34481 Enclosures

cc: Eugene P. Castagliuolo 801 West Bay Dr. Suite 301 Largo, Florida 33770-3223 VIA U.P.S. No. lZ64589FP294153911

VIA EMAIL AND U.S. Postal Service First Class mail October 2, 2012

Theodore P. Littlewood Jr., Bar Counsel ACAP, The Florida Bar 651 East Jefferson Street Tallahassee, FL 32399-2300

Re: Rebuttal to Mr. Castagliuolo's September 19, 2012 letter, File No. 2013-10,162 (6D) Submitted in lieu ofa response to my September 25, 2012 requestfor leave to submit a second rebuttal

Dear Mr. Littlewood:

The Hon. Wm. Terrell Hodges does not believe Mr. Rodems' "Settlement Agreemel1t and General Mutual Release" of June 21, 2011 is legitimate. Rodems submitted the agreement to Judge Hodges in Notice of Assignment of Claims And Motion For Dismissal With Prejudice June 21, 2011. (Doc. 32, 5:10-cv-503). Judge Hodges did not grant the motion. This shows that Judge Hodges does not believe Rodems, or that Mr. Castagliuolo properly represented my interests June 21, 2011. This is another rebuke of Castagliuolo, this time from a federal judge.

My complaint in 5:10-cv-503 filed September 28, 2010 was an incomplete first draft. I had planned to file the lawsuit weeks earlier, as evidenced by my letter dated August 30, 2010 to James Leanheart, Court Operations Supervisor, but was delayed by disability and mental impairment. My letter is at Exhibit 8/2, Motion to Apply Funds Toward Filing Fees (Doc. 70).

Judge Hodges' comment on my complaint is only as to form, which is poor because it was an incomplete first draft. Judge Hodges may believe I have valid ADA and Civil Rights claims, which is why he did not grant Rodems' motion to assign my claims and dismiss with prejudice.

Mr. Castagliuolo wrote "This is my response to Gillespie's 59 page "rebuttal" which, like everything else he writes, provides the reader with a "looney ride through Crazyville."" My rebuttal was 25 pages, not 59 pages. I confirmed this with Elizabeth Snyders, ACAP Program Assistant, on September 27, 2012. Ms. Snyders said my rebuttal was 25 pages.

Castagliuolo's ongoing reference to the "SSDI Benefits Fraud Unit investigators" is repugnant. Castagliuolo wrote on August 30, 2012 "In whatever spare time I have, I intend to "appeal to the government agency responsible for using my tax dollars to support Gillespie." First, my SSDI benefits are funded through my FICA contributions, not his taxes, and therefore are an earned benefit, not "the dole" as Castagliuolo stated. There is no evidence Castagliuolo even pays taxes. Castagliuolo takes cash from clients, like the $1,000 cash he took from me June 3, 2011, income that is likely unreported. Castagliuolo should be required to submit three (3) years of signed tax returns to substantiate his claim that he is, in fact, a taxpayer.

Castagliuolo defaulted on a $181,400 home mortgage. The foreclosure sale was May 21, 2012. Castagliuolo is also suing attorney Jackson K. Hilliard, case no. 12-001110-CO, Pinellas County.

Neil J. Gillespie 8092 SW 115th Loop Ocala, Florida 34481 I

cc: Eugene P. Castagliuolo, U.S. ostal Service First Class mail.

To: The Florida Bar, Mr. Theodore P. Littlewood Jr., Bar CounselRE: Suggestion of Emergency Suspension, Rule 3-5.2(a)

Eugene P. Castagliuolo, The Florida Bar File No. 2013-10,162 (6D)Submitted October 18, 2012

This is a suggestion for a Rule 3-5.2(a) Emergency Suspension of Eugene P. Castagliuolo.

1. On August 11, 2012 I made the above captioned Bar complaint with this openingsentence: Upon information and belief, Eugene P. Castagliuolo is mentally ill and should not bepracticing law. In his response dated August 30, 2012 Mr. Castagliuolo did not deny orotherwise address his admission of mental illness made June 14, 2011:

“You know, I don't make any judgments about people based on what their mentalproblems are. Because if you -- if you're going to measure people by that yardstick thenI'm not going to pass the test either.” (Transcript, pages 7-8, line 23)

Since then, and prior to, Mr. Castagliuolo has engaged in conduct that would cause a reasonableperson to conclude that he is mentally ill, and that his continuing conduct is or is likely to causeimmediate and serious injury to clients or the public, including me personally.

Rule 3-5.2(a) Petition for Emergency Suspension.(1) Great Public Harm. On petition of The Florida Bar, authorized by its president,president-elect, or executive director, supported by 1 or more affidavits demonstratingfacts personally known to the affiants that, if unrebutted, would establish clearly andconvincingly that an attorney appears to be causing great public harm, the Supreme Courtof Florida may issue an order suspending said attorney on an emergency basis.

A Rule 3-5.2 Emergency Suspension is needed to protect the public from Mr. Castagliuolo.

Eugene P. Castagliuolo v. Jackson K. Hilliard

2. Mr. Castagliuolo sued Florida attorney Jackson K. Hilliard in Pinellas County, Florida,initially in small claims court. The case was later transferred to county court.

Eugene P. Castagliuolo v. Jackson K Hilliard, case no. 11-007176-SC, Dec-14-2011Closed, transferred to county court January 31, 2012. Case docket at Exhibit 1.

Eugene P. Castagliuolo v. Jackson K Hilliard, case no. 12-001110-CO, Jan-31-2012Closed November 15, 2012. Case docket at Exhibit 2.

The following county court case documents are provided. This is not the entire file.

Exhibit 3. February 14, 2012. Complaint by Mr. Castagliuolo appearing pro se. Thecomplaint alleges Mr. Castagliuolo met for the first time Mr. Hilliard September 13, 2011 at aBNI, a breakfast networking group (¶8). Both men are attorneys and members of the Florida Bar.Mr. Hilliard discussed with Castagliuolo a dispute with Howard H. Ellzey, also an attorney and

October

RE: Suggestion of Emergency Suspension, Rule 3-5.2(a)Eugene P. Castagliuolo, TFB File No. 2013-10,162 (6D) October 18, 2012

Page - 2

member of the Florida Bar. The gist of Hilliard’s dispute with Mr. Ellzey was that Hilliard wasseeking a refund of the $11,700.00 which he had tendered to Mr. Ellzey to purchase apartnership interest in Mr. Ellzey's law firm (¶22). The Complaint alleges “Plaintiff neverexpected to be paid for the initial, brief, casual discussions he had with Defendant regarding hislegal problem with Mr. Ellzey.” (¶28). The Complaint alleges “However, as Defendant beganseeking more and more of Plaintiffs legal advice, Plaintiff did indeed expect to be compensated,and Plaintiff made his expectations known to Defendant.” (¶29). On or about November25,2011, Plaintiff Furnished Defendant with the invoice that is attached hereto and incorporatedherein as Exhibit "B." (¶33). The invoice demands $769.17. (¶34). Defendant has refused to payPlaintiff $769.17 or any lesser amount whatsoever, claiming that he thought Plaintiffs serviceswere being rendered "free of charge." (¶35). Mr. Castagliuolo made a number of furtherassertions, and demanded in the prayer for relief “Compensatory damages of $2,340.00 basedupon a 20% collections contingency fee or, alternatively, $769.17 based upon Plaintiffs hourlyfee rate of $325.00 per hour;” reasonable attorneys fees, costs, and other relief.

Exhibit 4. March 16, 2012, Plaintiff’s Motion for Judgment on the Pleadings.

Exhibit 5. March 20, 2012, Plaintiff’s Motion for Default for Failure to Defend

Exhibit 6. March 21, 2012, Answer by Mr. Hilliard appearing pro se. The Answer makesadmissions and denials, and alleges Castagliuolo violated Rules of Professional Conduct 4-1.18(b) and 4-1.4(c), (e).(¶20). The Answer alleges Castagliuolo violated Florida Rules ofProfessional Conduct 4-1.4(c) and (e). (¶22). The Answer alleges Castagliuolo violated FloridaRules of Professional Conduct 4-1.18 (b) and 4-1.4(c), (e). (¶25). The Answer allegesCastagliuolo committed a “fraud upon the court” (¶29). “Plaintiff secretly billed Defendantwithout any agreement, without any discussion and without Defendant's knowledge. WhenPlaintiff delivered a $770 invoice to Defendant on November 25, 2011, Defendant was surprised.Plaintiffs position that prior to November 25, 2011, he "made known" his expectations to becompensated is a bald-faced lie and a fraud upon the court. Denied.” (¶29).

Exhibit 7. April 2, 2012, Defendant’s Motion to Dismiss, Failure to State Cause of Action.

Exhibit 8. April 10, 2012, Plaintiff’s Amended Complaint. Exhibit C to the AmendedComplaint is an invoice showing a charge for “E-mail to Jackson with sample Civil TheftNotices attached”. Mr. Castagliuolo sent me an improper “Civil Theft Notice” July 5, 2011.

Exhibit 9. April 19, 2012, Judge Myra McNary dismissed Mr. Castagliuolo’s complaintwithout prejudice with ten (10) days to file an amended complaint. Order Granting Defendant’sMotion To Dismiss For Failure To State A Cause Of Action Upon Which Relief Can Be Granted

Exhibit 10. April 24, 2012, Judge Myra McNary dismissed Mr. Castagliuolo’s complaintwithout prejudice with ten (10) days to file an amended complaint, see Order GrantingDefendant’s Motion To Dismiss For Failure To State A Cause Of Action Upon Which ReliefCan Be Granted


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Exhibit 11. April 25, 2012, Mr. Castagliuolo’s fax letter to Judge McNary complainingabout Mr. Hilliard's new attorney, Lee Segal, accused him of “stonewalling”.

Exhibit 12. May 18, 2012, Plaintiff’s Motion To Find Defendant in Contempt, Sanctions.

SUPREME COURT OF NEW JERSEYAttorney Ineligibility Order Pursuant to Rule 1:28-2(a)

http://www.judiciary.state.nj.us/notices/2008/n080929b.pdf

Exhibit 13. September 22, 2008, Chief Justice Stuart Rabner, Supreme Court of NewJersey, entered Attorney Ineligibility Order Pursuant to Rule 1:28-2(a). Mr. Castagliuolo’s nameappears on the NJ Lawyers’ Fund For Client Protection 2008 Ineligible List, page 67, as“Castagliuolo Eugene Phillip”, address P.O. Box 39, Safety Harbor, Florida 34695. A copy ofthe Order, and page 67, appears as Exhibit 13. Mr. Castagliuolo was admitted June 1, 1989 topractice law in New Jersey, NJ Attorney ID : 000161989.

Mr. Castagliuolo executed a Declaration of Domicile September 5, 1995, in accordance and inconformity with Chapter 222, Section 222.17, Florida Statutes, and swore that he was formerly alegal resident of Marlton, New Jersey and resided at 245 Foxwood Lane, and changed hisdomicile and has been a bona fide resident of the State of Florida since September 1, 1995 andresided at 2668 McMullen Booth Road, #1313, Clearwater, Pinellas County, Florida.

Mr. Castagliuolo Home Mortgage Default - $181,400, Sale of Property

Exhibit 14. BAC Home Loans Servicing, LP vs. Eileen R. Castagliuolo, et al.,Case No. 09-018650-CI, Mortgage Foreclosure Case Summery showing Mr. Castagliuolo as aformer Defendant and retained counsel. Eileen R. Castagliuolo is the former wife of Mr.Castagliuolo, and this appears to be a mortgage foreclosure and sale on his former home locatedat 2138 N Bay Hills Blvd., Safety Harbor, Florida 34695-4907.

Exhibit 15. October 22, 2004, Mr. Castagliuolo made a mortgage in the amount of$181,400, lender Diversified Mortgage, borrowers Eugene P. Castagliuolo and Eileen R.Castagliuolo, Husband and Wife. Mr. Castagliuolo later defaulted.

Exhibit 16. October 22, 2004, Mr. Castagliuolo executed a Quit Claim Deed andconveyed title to his home at 2138 N Bay Hills Blvd., Safety Harbor, Florida 34695 from EugeneP. Castagliuolo and Eileen R. Castagliuolo, Husband and Wife, to Eileen R. Castagliuolo.

Exhibit 17. October 20, 2009, notice of lis pendens was filed against Eugene P.Castagliuolo and Eileen R. Castagliuolo by BAC Home Loans Servicing, LP.

Exhibit 18. March 11, 2011, Mr. Castagliuolo executed Disclaimer of Interest In RealProperty filed with the Pinellas County Clerk for his home at 2138 N Bay Hills Blvd., SafetyHarbor, Florida 34695. “Affiant EUGENE P. CASTAGLIUOLO waives ANY and ALL interestby virtue of Final Judgment of Dissolution of Marriage and Marital Settlement Agreement in


Page - 4

Court case #: 07-155-FD-14 and recorded in O.R. 15901, Page 879 all of the-public records ofPinellas County Florida.”

Exhibit 19. February 21, 2012, Uniform Final Judgment of Foreclosure against Eileen R.Castagliuolo by BAC Home Loans Servicing, LP. Actual value $220,008.79.

Exhibit 20. April 18, 2012, Mr. Castagliuolo’s defaulted mortgage was assigned to Bankof America, N.A. sucessor to by merger to BAC Home Loans Servicing, LP.

Exhibit 21. May 21, 2012, Certificate of Sale, BAC Home Loans Servicing, LP.

Eugene P. Castagliuolo, P.A. - CLOSED

Exhibit 22. The Internet business directory Yelp shows Eugene P. Castagliuolo, P.A. isclosed, the office formerly located at 2451 McMullen Booth Road, Clearwater, Florida 33759,where we met and signed an agreement that states “Representation limited preparation for andattendance at deposition, the date of which has yet to be determined.” (Exhibit 3 Bar complaint).

Exhibit 23. Mr. Castagliuolo’s business address in the Florida Bar directory currentlyshows 801 West Bay Drive, Suite 301, Largo, Florida 33770. This address may not be afunctioning law office. UPS delivered correspondence related to my Bar complaint to Mr.Castagliuolo at this address, and the delivery notification email stated “Driver Release Location:UNDER DOOR” suggesting the office was closed during normal business hours. (Exhibit 23).

Mr. Castagliuolo May be Homeless

Exhibit 18. On March 11, 2011 Mr. Castagliuolo executed Disclaimer of Interest In RealProperty filed with the Pinellas County Clerk for his home at 2138 N Bay Hills Blvd., SafetyHarbor, Florida 34695. “Affiant EUGENE P. CASTAGLIUOLO waives ANY and ALL interestby virtue of Final Judgment of Dissolution of Marriage and Marital Settlement Agreement inCourt case #: 07-155-FD-14 and recorded in O.R. 15901, Page 879 all of the-public records ofPinellas County Florida.”

Exhibit 24. When I initially spoke with Mr. Castagliuolo June 3, 2011 we had this oddexchange: Transcript, June 3, 2011, page 5

6 MR. CASTAGLIUOLO: That's fine. I have no7 problem doing that for a thousand dollars. Are you8 in Ocala?9 MR. GILLESPIE: Yes.10 MR. CASTAGLIUOLO: Okay. So how is it that11 we're going to get together today?12 MR. GILLESPIE: I'll get in my car and drive13 to your office.14 MR. CASTAGLIUOLO: Oh, boy. Okay. Well --


Page - 5

15 MR. GILLESPIE: Is that a problem?16 MR. CASTAGLIUOLO: It's -- not only do I have17 a pretty booked up day, I look like a trashman.18 I'm wearing shorts, I didn't shave because I had19 a --20 MR. GILLESPIE: As long as you're not naked, I21 don't care.

It appears that the reason Mr. Castagliuolo looked like a “trashman” was due to the difficulty inmaintaining personal hygiene while being homeless. In the past I was homeless and can so attestto the difficulty.

Eugene P. Castagliuolo v. Tina Beesler, 11-006560-SC

Exhibit 25. Case Summary, shows open case against Tina Beesler. Case details unknown,but may be a nuisance case due to the relatively small amount involved, final judgment $139.47.

Exhibit 26. March 28, 2012, Final Judgment of $139.47 for Mr. Castagliuolo against TinaBeesler, plus $130 court costs, $269.47 total.

Eugene P. Castagliuolo - All Civil Cases in Pinellas County

Exhibit 27. October 18, 2012. List of Mr. Castagliuolo’s civil cases in Pinellas Co.

Mr. Castagliuolo’s Failure: Bar Rule 4-8.3 Reporting Professional Misconduct

Mr. Castagliuolo failed to report Mr. Rodems’ misconduct as required under Rule 4-8.3Reporting Professional Misconduct: (a) Reporting Misconduct of Other Lawyers. A lawyer whoknows that another lawyer has committed a violation of the Rules of Professional Conduct thatraises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer inother respects shall inform the appropriate professional authority.

Mr. Castagliuolo failed to report Mr. Rodems’ failure to cooperate, and failure to provide a copyof the writ of bodily attachment during a time when the sheriff was trying to arrest me.

Instead, Mr. Castagliuolo joined forces with Mr. Rodems to undermine the Bar’s disciplineprocess. Mr. Castagliuolo admitted in his written response August 30, 2012 that Mr. Rodemsmade an unsolicited offer to assist Castagliuolo in any future Bar grievance from me. (p.3, ¶1):

“My opposing counsel at Gillespie's deposition was Ryan Christopher “Chris" Rodems.Chris once remarked to me, unsolicited, that he would be happy to speak to The FloridaBar on my behalf if Gillespie grieved me the way he did Bob Bauer.”

This shows how the discipline process is compromised. Mr. Rodems’ misconduct is at the centerof this matter. Mr. Castagliuolo failed to report Rodems’ misconduct.


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Mr. Castagliuolo’s Improper Efforts to Disrupt My Disability IncomeContinuing conduct likely to cause immediate and serious injury to clients or the public

Exhibit 28. Mr. Castagliuolo’s response dated August 30, 2012 to my Bar complaintmakes a number of gratuitous personal insults and false accusations against me related todisability. I denied Mr. Castagliuolo’s assertions in my rebuttal of September 14, 2012, andsuggest this is further evidence of misconduct. Moreover, since Castagliuolo repeated his threatagain in a letter to the Bar September 19, 2012, I believe that his continuing conduct is or islikely to cause immediate and serious injury to clients or the public, including me personally.

According to his August 30, 2012 response, Mr. Castagliuolo’s false accusations go beyond thescope of this Bar inquiry. Castagliuolo indicated that he sent a copy of his Bar response to theOffice of the Inspector General, Social Security Disability Administration. Social Securitydisability is my only source of income, and Mr. Castagliuolo is wrongfully attempting to disruptmy benefits through the Bar complaint process, for which the complaint process is not intended.

Mr. Castagliuolo’s conduct is a violation of Bar Rule 4-8.4(d) “A lawyer shall not engage inconduct in connection with the practice of law that is prejudicial to the administration of justice,including to knowingly, or through callous indifference, disparage, humiliate, or discriminateagainst litigants…on any basis, including, but not limited to… disability….”.

Exhibit 29. Mr. Castagliuolo’s letter dated September 19, 2012. As I wrote before,Castagliuolo’s ongoing reference to the “SSDI Benefits Fraud Unit investigators” is repugnant.Castagliuolo wrote on August 30, 2012 “In whatever spare time I have, I intend to appeal to thegovernment agency responsible for using my tax dollars to support Gillespie.” First, my SSDIbenefits are funded through my FICA contributions, not his taxes, and therefore are an earnedbenefit, not “the dole” as Castagliuolo stated. There is no evidence Castagliuolo even pays taxes.Castagliuolo takes cash from clients, like the $1,000 cash he took from me June 3, 2011, incomethat is likely unreported. Castagliuolo should be required to submit three (3) years of signed taxreturns to substantiate his claim that he is, in fact, a taxpayer.

Mr. Castagliuolo’s continuing conduct is based on spite and personal revenge. The manner inwhich he has acted would cause a reasonable person to conclude that he is mentally ill and a threat.His accusations show that he has no understanding of my disability, or impairments, even thoughhe has, by way of his former representation, a medical report submitted to the court.

Conclusion

Mr. Castagliuolo has engaged in conduct that would cause a reasonable person to conclude thathe is mentally ill, and that his continuing conduct is or is likely to cause immediate and seriousinjury to clients or the public, including me personally. In my rebuttal September 14, 2012 Iwrote, “It does not appear that he can assist himself, let alone clients. If another attorney hadsubmitted that response on behalf of Mr. Castagliuolo, I’m pretty sure it would be malpractice.”.


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Mr. Castagliuolo’s lawsuit against attorney Jackson K. Hilliard proves my point: He was unableto state a cause of action. Judge McNary found Castagliuolo failed to state a cause of action uponwhich relief could be granted. Mr. Hilliard alleged that Castagliuolo violated number of a FloridaRules of Professional Conduct. Mr. Castagliuolo moved to hold in contempt Mr. Hilliard's newattorney, Lee Segal, and accused him of “stonewalling”. And Mr. Castagliuolo’s amendedcomplaint shows at Exhibit C an invoice showing a charge for sending “E-mail to Jackson withsample Civil Theft Notices attached”.

In my rebuttal September 14, 2012 I wrote I complained about Castagliuolo’s improper use of aCivil Theft Notice: “Mr. Castagliuolo failed to answer why he repeatedly falsely accused me ofcriminal acts. Or why he claims to be a former prosecutor while making these threats. On July 1,2011 Castagliuolo threatened criminal prosecution under section 812.012(6)(b), Fla. Stat., andsection 772.11 Fla. Stat. (2011) for allegedly obtaining professional services by false pretenses.But attorney Danialle Riggins of Ocala advised me that I did not violate any criminal statutes.On August 5, 2011 Mr. Castagliuolo demanded $3,000 because “my Civil Theft claim againstyou has been perfected”. Again, attorney Riggins advised Castagliuolo’s threat was notlegitimate.”

Mr. Castagliuolo is in serious financial trouble and may be homeless. He defaulted on a$181,400 home mortgage, and lost his home in foreclosure. Under current federal tax law,Castagliuolo must count the $181,400 mortgage default as personal income. The MortgageForgiveness Debt Relief Act of 2007 does not apply to Mr. Castagliuolo to exclude income fromthe discharge of debt on his principal residence. On March 11, 2011, Mr. Castagliuolo executedDisclaimer of Interest In Real Property filed with the Pinellas County Clerk for his home at 2138N Bay Hills Blvd., Safety Harbor, Florida.

Mr. Castagliuolo is estranged from his wife, and perhaps his family. This man’s life is spinningout of control. The Bar must act to protect me and the public. Under penalties of perjury, Ideclare that the foregoing facts are true, correct and complete. Thank you.

Sincerely,

Neil J. Gillespie8092 SW 115th LoopOcala, Florida 34481

Enclosures. Note, due to time constraints I was not able to make an Appendix listing theExhibits. Upon request I will submit an Appendix and Exhibits to the Bar. My apologies.

cc: Eugene P. Castagliuolo

Appendix - Suggestion of Emergency Suspension, Rule 3-5.2(a)Eugene P. Castagliuolo, The Florida Bar File No. 2013-10,162 (6D)

Submitted October 18, 2012 without Appendix (Appendix made Oct-22-2012)

Exhibit 1 Castagliuolo v. Jackson K. Hilliard, Case Summary, No. 11-007176-SC, Pinellas Co., Florida

Exhibit 2 Castagliuolo v. Jackson K. Hilliard, Case Summary, No. 12-001110-CO, Pinellas Co., Florida

Exhibit 3 Complaint, Castagliuolo v. Jackson K. Hilliard, 12-001110-CO, Pinellas Co., Florida

Exhibit 4 Plaintiff’s Motion for Judgment on the Pleadings, Castagliuolo v. Hilliard 12-001110-CO

Exhibit 5 Plaintiff’s Motion for Default for Failure to Defend, Castagliuolo v. Hilliard 12-001110-CO

Exhibit 6 Defendant’s Answer, Castagliuolo v. Hilliard 12-001110-CO, Pinellas Co., Florida

Exhibit 7 Defendant’s Motion to Dismiss, Failure to State Cause, Castagliuolo v. Hilliard 12-001110-CO

Exhibit 8 Plaintiff’s Amended Complaint, Castagliuolo v. Hilliard 12-001110-CO

Exhibit 9 Order Granting Defendant’s Motion to Dismiss, Castagliuolo v. Hilliard 12-001110-CO (Apr-19)

Exhibit 10 Order Granting Defendant’s Motion to Dismiss, Castagliuolo v. Hilliard 12-001110-CO (Apr-24)

Exhibit 11 Letter of Castagliuolo to Judge McNary, Counsel Lee Segal “stonewalling” April-12-2012

Exhibit 12 Plaintiff’s Motion to Find Defendant in Contempt, Sanctions, Castagliuolo v. Hilliard

Exhibit 13 Attorney Ineligibility Order, Supreme Court of New Jersey, Rule 1:28-2(a)

Exhibit 14 BAC Home Loans Servicing LP v. Eileen R Castagliuolo, et al, Case Summ. 09-018650-CI

Exhibit 15 Mortgage, $181,400, lender Diversified Mortgage, borrowers Eugene & Eileen Castagliuolo

Exhibit 16 Quit Claim Deed, 2138 N Bay Hills Blvd., Safety Harbor, Florida 34695

Exhibit 17 Notice of lis pendens, Eugene & Eileen Castagliuolo, by BAC Home Loans Servicing, LP

Exhibit 18 Disclaimer of Interest In Real Property, Eugene P. Castagliuolo, March 11, 2011

Exhibit 19 Uniform Final Judgment of Foreclosure, Eileen R Castagliuolo, et al, $220,008.79

Exhibit 20 Assignment of Mortgage, Bank of America, N.A. successor, BAC Home Loans Servicing, LP

Exhibit 21 Certificate of Sale, BAC Home Loans Servicing, LP

Exhibit 22 Yelp Online Directory: Castagliuolo Eugene P PA - CLOSED - Clearwater, FL

Exhibit 23 UPS email notice, parcel delivered under door, signature waived

Exhibit 24 Transcript, June 3, 2011, Castagliuolo “trashman” comment

Exhibit 25 Eugene P. Castagliuolo vs. Tina Beesler, Case Summary 11-006560-SC, Pinellas Co, FL

Exhibit 26 Final Judgment, Castagliuolo vs. Beesler, 11-006560-SC, Pinellas Co, FL

Exhibit 27 Eugene P. Castagliuolo, all civil cases, Pinellas Co, FL

Exhibit 28 Eugene P. Castagliuolo, Aug-30-2012, Response TFB File No. 2013-10,162 (6D) (3 pages)

Exhibit 29 Eugene P. Castagliuolo, Sep-19-2012, Further Rebuttal TFB File No. 2013-10,162 (6D) (1 page)

Case Records Home New Civil Search Refine Search Back Location : Pinellas County Help

ASE UMMARYCASE NO. 11-007176-SC

EUGENE P CASTAGLIUOLO vs. JACKSON K HILLIARD §§§§§§§

Case Type: SMALL CLAIMSDate Filed: 12/14/2011

Location: Section 48Judicial Officer: CARASSAS, JOHN

UNIFORM CASE NUMBER: 522011SC007176XXSCSC

PARTY INFORMATION

AttorneysDEFENDANT HILLIARD, JACKSON K

13059 W LINEBAUGH AVE STE 102 TAMPA, FL 33626

PLAINTIFF CASTAGLIUOLO, EUGENE P EUGENE P CASTAGLIUOLO Retained801 WEST BAY DRIVESUITE 301LARGO, FL 33770

727-712-3333(W)

EVENTS & ORDERS OF THE COURT

01/31/2012 (((((FILE VERIFIED TO THIS DATE)))))Comment: (((((FILE VERIFIED THIS DATE))))) ((RD)); VER: N; P

01/31/2012 CASE TRANSFERRED (SRS DISPOSITION)Comment: CASE TRANSFERRED; VER: N; P

01/27/2012 ORDERComment: ORDER TRANSFERRING CASE FR/SM CLAIMS/CIVIL; VER: F; P

01/27/2012 ATTORNEY COVER LETTERComment: ATTORNEY COVER LETTER; VER: F; P

01/11/2012 THIS CASE ASSIGNED BY CLERK TO SECTIONComment: CASE ASSIGNED SECTION 048 FROM SECTION NPC ICD; VER: N; P

01/10/2012 DUTY JUDGE RESPONSE SHEETComment: DUTY JUDGE RESPONSE SHEET; VER: F; C

01/10/2012 ORDER GRANTINGComment: ORDER GRANTING TRANSFER TO COUNTY CIVIL COURT; VER: N; K

01/10/2012 CASE TRANSFERRED (SRS DISPOSITION)Comment: CASE TRANSFERRED; VER: N; K

01/10/2012 TEXTComment: - AMENDED COMPLAINT W/I 20 DAYS; VER: N; K

01/10/2012 NOTICE OF CONTINUED PRETRIAL RE:Comment: NOTICE OF CONTINUED PRETRIAL RE: PTLF TO FILE; VER: N; K

01/10/2012 SMALL CLAIMS PRE-TRIAL (10:30 AM) ()Result: CONVERTED

01/09/2012 DEF/RESP'S MOTION TO DISMISSComment: MOTION DISMISS; VER: F; D

01/09/2012 ANSWER OFComment: ANSWER OF: JACKSON K HILLIARD AND; VER: F; D

12/21/2011 NOTICE RETURNED SERVEDComment: NOTICE RETURNED SERVED; VER: F; K

12/15/2011 NOTICE/STMT OF CLAIM-DEFT/Comment: NOTICE/STMT OF CLAIM-DEFT/PROCESS SERVER/JONES; VER: N; K

12/15/2011 NOTICE TO PLTF/PLTF ATTYComment: NOTICE TO PLTF/PLTF ATTY; VER: N; K

12/15/2011 PRE-TRIAL HEARING SETComment: PRE-TRIAL HRG SET: 011012 10:30A HON JOHN CARASSAS; VER: F; K

12/14/2011 Summons - Fee Paid $Comment: SUMMONS FEE PAID $10.00; VER: N; P

12/14/2011 Small Claims Filing - Fee PaidComment: SMALL CLAIMS FILING FEE PAID $175.00; VER: N; P

12/14/2011 STATEMENT OF CLAIMComment: STATEMENT OF CLAIM; VER: F; P

12/14/2011 THIS CASE ASSIGNED BY CLERK TO SECTIONComment: THIS CASE ASSIGNED BY CLERK TO SECTION NPC BY 7711 - RANDOM SC; VER: N; P

12/14/2011 CASE FILED

https://ccmspa.pinellascounty.org/PublicAccess/CaseDetail.aspx?CaseID...

1 of 1 10/18/2012 12:57 PM

1


ASE UMMARYCASE NO. 12-001110-CO

EUGENE P CASTAGLIUOLO vs. JACKSON K HILLIARD §§§§§§§

Case Type: OTHER CIVIL - COUNTYDate Filed: 01/31/2012

Location: Section 41Judicial Officer: McNARY, MYRA SCOTT

UNIFORM CASE NUMBER: 522012CC001110XXCOCO

PARTY INFORMATION

AttorneysDEFENDANT HILLIARD, JACKSON K LIOR SEGAL

Retained13575 58TH ST NOSUITE 140CLEARWATER, FL 33760

727-824-5775(W)


727-712-3333(W)


10/15/2012 ATTORNEY COVER LETTER10/15/2012 DISMISSED/SETTLEMENT AFTER HRG (SRS DISPO)10/15/2012 JOINT STIP/ORDER

AND10/15/2012 ORDER OF DISMISSAL

W/PREJUDICE09/10/2012 NOTICE

Comment: NOTICE DESIGNATION OF EMAIL ADDRESS; VER: F; P09/10/2012 SUPPLEMENTAL

Comment: SUPPLEMENTAL MOTN TO STRIKE UNTIMELY RESPONSE; VER: F; P06/29/2012 NOTICE OF TAKING DEPOSITION

Comment: NOTICE OF TAKING DEPOSITION; VER: F; D05/30/2012 PLTF/PET'S MOTION FOR SANCTIONS

Comment: MOTION SANCTIONS AND COSTS; VER: F; P05/30/2012 PLTF/PET'S MOTION TO DISMISS

Comment: MOTION DISMISS OR STRIKE ANSWER/; VER: F; P05/30/2012 OBJECTION

Comment: OBJECTION TO FILING OF DEFTS ANSWER/; VER: F; P05/30/2012 PLTF/PET'S MOTION

Comment: MOTION HAVE ALL REQUEST FOR ADMISSIONS DEEMED ADMITTED; VER: F; P05/30/2012 PLTF/PET'S MOTION TO STRIKE

Comment: MOTION STRIKE DEFENDANTS RESPONSE AND; VER: F; P05/30/2012 OBJECTION

Comment: OBJECTION TO RESPONSE TO REQUEST FOR ADMISSIONS/; VER: F; P05/22/2012 RESPONSE

Comment: RESPONSE TO REQUEST FOR ADMISSIONS; VER: F; D05/22/2012 NOTICE OF SERVICE ANSWERS INTERROGATORIES

Comment: NOTICE OF SERVICE ANSWERS INTERROGATORIES; VER: F; D05/22/2012 RESPONSE TO REQUEST FOR PRODUCTION

Comment: RESPONSE TO SECOND REQUEST FOR PRODUCTION; VER: F; D05/22/2012 RESPONSE TO REQUEST FOR PRODUCTION

Comment: RESPONSE TO REQUEST FOR PRODUCTION; VER: F; D05/22/2012 AFFIRMATIVE DEFENSES

Comment: AFFIRMATIVE DEFENSES / RESERVATION TO FILE COUNTER-CLAIM; VER: F; D05/22/2012 ANSWER OF

Comment: ANSWER OF: JACKSON K HILLIARD; VER: F; D05/18/2012 MOTION FOR CONTEMPT

Comment: MOTION CONTEMPT /SANCTIONS; VER: F; P


1 of 3 10/18/2012 12:55 PM

2

04/30/2012 AFFIDAVIT IN SUPPORT OF MOTION FOR JUDGMENTComment: AFFIDAVIT IN SUPPORT OF MOTN FOR JUDGMENT; VER: F; P

04/30/2012 NOTICE OF FILINGComment: NOTICE OF FILING ATTACHED; VER: F; P

04/27/2012 OBJECTIONComment: FAXED OBJECTION TO DEFTS MOTION FOR EXTENSION OF TIME ETC; VER: F; P

04/27/2012

ORDER GRANTINGComment: ORDER GRANTING MOTIONS TO COMPEL OR17565PG2085-002; VER: F; P

Vol./Book 17565, Page 2085, 002 pages04/27/2012 ATTORNEY COVER LETTER

Comment: ATTORNEY COVER LETTER; VER: F; P04/27/2012 CORRESPONDENCE

Comment: FAXED CORRESPONDENCE TO COURT RE: STONE WALLING; VER: F; P04/27/2012 OBJECTION

Comment: OBJECTION TO DEFTS MOTION FOR EXTENSION TO FILE ETC; VER: F; P04/25/2012 DEF/RESP'S MOTION FOR EXTENSION OF TIME

Comment: MOTION FOR EXTENSION OF TIME TO FIEL RESPONSE; VER: F; D04/25/2012

WITHOUT PREJUDICE

Comment: WITHOUT PREJUDICE OR17566PG2540-002; VER: F; DVol./Book 17566, Page 2540, 002 pages

04/25/2012 ORDER GRANTINGComment: ORDER GRANTING DISMISSAL; VER: F; D

04/25/2012 ATTORNEY COVER LETTERComment: ATTORNEY COVER LETTER; VER: F; D

04/25/2012 ORDER GRANTINGComment: ORDER GRANTING TLEPEHONE APPEARANCE 042412 11:00; VER: F; D

04/25/2012 DEF/RESP'S MOTIONComment: COPY MOTION TO APPEAR BY PHONE 042412; VER: F; D

04/25/2012 ATTORNEY COVER LETTERComment: COPY ATTORNEY COVER LETTER; VER: F; D

04/25/2012 NOTICE OF APPEARANCEComment: NOTICE OF APPEARANCE; VER: F; D

04/24/2012 PLTF/PET'S MOTION FOR SUMMARY JUDGMENTComment: MOTION SUMMARY JUDGMENT; VER: F; P

04/24/2012 PLTF/PET'S MOTION FOR DEFAULTComment: SECOND MOTION FOR DEFAULT BY COURT; VER: F; P

04/23/2012 WITHOUT PREJUDICEComment: WITHOUT PREJUDICE; VER: F; D

04/23/2012 ORDER GRANTINGComment: ORDER GRANTING MOTION TO DISMISS; VER: F; D


04/17/2012 NOTICE OF HEARINGComment: NOTICE OF HEARING 042412 11:00; VER: F; P

04/16/2012 ATTORNEY COVER LETTERComment: ATTORNEY COVER LETTER COURT RCVD 041312; VER: F; P

04/12/2012 PLTF/PET'S MOTION TO COMPELComment: MOTION TO COMPEL ANSWERS TO INTERROGATORIES; VER: F; P

04/10/2012 AMENDED COMPLAINTComment: AMENDED COMPLAINT; VER: F; P

04/06/2012 NOTICE OF SERVICE ANSWERS INTERROGATORIESComment: NOTICE OF SERVICE ANSWERS INTERROGATORIES; VER: F; D

04/04/2012 AMENDED NOTICE OF HEARINGComment: THIRD AMENDED NOTICE OF HEARING 040912 1:00; VER: F; P

04/04/2012 PLTF/PET'S MOTION TO COMPELComment: MOTION TO COMPEL PRODUCTION OF DOCUMENTS; VER: F; P

04/04/2012 AMENDED NOTICE OF HEARINGComment: SECOND AMENDED NOTICE OF HEARING 040912 1:00; VER: F; P

04/04/2012 NOTICE OF WITHDRAWALComment: NOTICE OF WITHDRAWAL OF MOTION TO COMPEL DISCOVERY; VER: F; P

04/03/2012 RESPONSEComment: RESPONSE TO SECOND REQUEST FOR PRODUCTION; VER: F; D

04/03/2012 RESPONSE TO REQUEST FOR PRODUCTIONComment: RESPONSE TO REQUEST FOR PRODUCTION; VER: F; D

04/02/2012 AMENDED NOTICE OF HEARINGComment: SECOND AMENDED NOTICE OF HEARING 040912 1:00; VER: F; P

04/02/2012 NOTICE OF WITHDRAWALComment: NOTICE OF WITHDRAWAL MOTION TO COMPEL DISCOVERY; VER: F; P

04/02/2012 PLTF/PET'S MOTIONComment: MOTION FOR SANCTIONS W/ATTACHMENT; VER: F; P

04/02/2012 DEF/RESP'S MOTION TO DISMISSComment: FAXED MOTION DISMISS FAILURE TO STATE CAUSE; VER: F; D

04/02/2012 NOTICE OF HEARINGComment: FAXED NOTICE OF HEARING 040912 1:45; VER: F; D

03/30/2012 NOTICE OF HEARINGComment: NOTICE OF HEARING 040912 1:45; VER: F; D


2 of 3 10/18/2012 12:55 PM

03/27/2012 DEF/RESP'S MOTION TO DISMISSComment: MOTION DISMISS; VER: F; D

03/26/2012 AMENDED NOTICE OF HEARINGComment: AMENDED NOTICE OF HEARING 040912 1:00; VER: F; P

03/26/2012 PLTF/PET'S MOTION TO COMPELComment: MOTION TO COMPEL DISCOVERY ETC; VER: F; P


03/21/2012 ANSWER OFComment: ANSWER OF: JACKSON K HILLIARD; VER: F; D

03/20/2012 PLTF/PET'S MOTION FOR DEFAULTComment: MOTION FOR DEFAULT; VER: F; P

03/16/2012 PTLF/PET'S MOTION FOR FINAL JUDGMENTComment: MOTION FOR FINAL JUDGMENT ON THE PLEADINGS; VER: F; P

02/27/2012 DEMAND FOR JURY TRIALComment: COPY DEMAND FOR JURY TRIAL; VER: F; D

02/27/2012 DEMAND FOR JURY TRIALComment: DEMAND FOR JURY TRIAL; VER: F; D

02/23/2012 REQUEST FOR PRODUCTIONComment: SECOND REQUEST FOR PRODUCTION; VER: F; P

02/23/2012 SUMMONS - RETURNED SERVED:Comment: SUMMONS RETD SERVED JACKSON K HILLIARD 022112; VER: F; K

02/22/2012 REQUEST FOR ADMISSIONSComment: REQUEST FOR ADMISSIONS; VER: F; K

02/22/2012 REQUEST FOR PRODUCTIONComment: REQUEST FOR PRODUCTION; VER: F; K

02/15/2012 Circuit Civil Filing - Fee Paid $Comment: ADDITIONAL FILING FEE PAID $125.00; VER: N; P

02/14/2012 SUMMONS ISSUED TO PLAINTIFF:Comment: SUMMONS ISSUED TO PLAINTIFF; VER: F; P

02/14/2012 CIVIL COVER SHEETComment: CIVIL COVER SHEET; VER: F; P

02/14/2012 COMPLAINT (SRS)Comment: COMPLAINT; VER: F; P

01/31/2012 TEXTComment: PLEADINGS ATTACHED; VER: F; P

01/31/2012 C/C ORDER TRANSFER CAUSE FROM:Comment: C/C ORDER TRANSFER CAUSE FROM: SMALL CLAIMS W/ORIGINAL; VER: N; P

01/31/2012 THIS CASE ASSIGNED BY CLERK TO SECTIONComment: THIS CASE ASSIGNED BY CLERK TO SECTION 041 BY 3030 - RANDOM CO; VER: N; P

01/31/2012 CASE FILED


3 of 3 10/18/2012 12:55 PM

IN THE COUNTY COURT IN AND FOR PINELLAS COUNTY, FLORIDA Sl tTL Ok III IS DIVISION

t:/kJ1tt1Y l?JIIJ~ EUGENE P. CASTAGLIUOLO UIC

(") r-

Plaintiff, -r" Case No.: 12-00111O-~ 1

~-vs. n

;z} tr, 1

·'\:W _ ....;1-...g3jj~'4'"(") ill .JACKSON K. HILLIARD ;2 ~ .'

-f \Defendant.

_____________--.-;1 .'!:...

COMPLAINT

COMES NOW the PlaintiffEUGENE p'. CASTAGLIUOLO and sues Defendant JACKSON

K. HILLIARD and alleges:

1. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION

OBTAINED WILL BE USED FOR THAT PURPOSE.

2. This is an action for damages which do not exceed $15,000.00 exclusive ofcosts and

interest.

3. Plaintiff is an attorney engaged in the private practice of law in Pinellas County,

Florida, and his sole source of income is from the private practice of law.

4. Defendant is an attorney engaged in the private practice of law in Pinellas County,

Florida.

5. Defendant has been a licensed attorney in Florida for almost 5 years.

6. The events complained ofherein all took place in Pinellas County, Florida.

7. Venue is proper in Pinellas County because Defendant resides there and because

1

3

Plaintiffs cause of action arose there.

8. Plaintiffand Defendant met for the first time on September 13, 2011 while both were

attending a meeting of a breakfast networking group known as "BNI."

9. Plaintiffand Defendant are not friends nor are they now or have they ever been social

acquaintances.

10. Prior to the BNI meeting on September 13,2011, Plaintiffhad never seen nor heard

ofDefendant.

11. BNI is an international business and professional networking group with many local

chapters throughout the world.

12. Simply stated, BNI espouses a system whereby each of its members theoretically

serves as an informal marketing agent for all other members, thus creating a mutually-beneficial

relationship for all members.

13. Professionals ofall types join BNI, their goal being to market themselves and to help

them "grow their business."

14. BNI is not a social club, but a networking organization existing for the sole purpose

ofgenerating new business and/or new clients for its members.

15. The primary reason why anyone would join BNI is to increase one's professional

revenue and client/customer base.

16. Immediately after the BNI meeting on September 13, 2011, Plaintiff submitted a

written application for membership in BNI.

17. Plaintiffapplied for membership in BNI to increase his law practice revenue and his

client base.

2

18. Plaintiff applied for BN! membership as a bankruptcy and civil litigation attomey~

and these proposed practice areas were well known to all existing BNI members, including

Defendant.

19. When Plaintifftendered his BNI application on September 13, 2011 ~ Defendant was

already an experienced BN! member.

20. Beginning in September 2011, while at weekly meetings and while at one BNI

training session, Plaintiffand Defendant began to casually discuss Defendant's legal problems with

his former law partner, one Howard H. Ellzey.

21. The topic of Howard H. Ellzey was first brought up by Defendant, as Plaintiff had

no possible knowledge whatsoever about Defendant's legal problem with Mr. Ellzey.

22. The gist of Defendant's dispute with Mr. Ellzey was that Defendant was seeking a

refund of the $11,700.00 which he had tendered to Mr. Ellzey to purchase a partnership interest in

Mr. Ellzey's law firm.

23. On October 5, 2011, Defendant filed a lawsuit against Mr. Ellzey in the 6th Judicial

Circuit.

24. A true and correct copy of Defendant's initial pleading is attached hereto and

incorporated herein by reference as Exhibit "A."

25. At first, discussions regarding Mr. Ellzey were very brief and casual in nature, the

type of informal banter two lawyers will have while waiting for a meeting to begin.

26. As time went on~ however, Defendant began requesting more and more guidance from

Plaintiff, and the discussions soon changed from being casual to being of the type between lawyer

and client.

3

27. These more involved discussions took place via telephone and e-mail.

28. Plaintiffnever expected to be paid for the initial, brief, casual discussions he had with

Defendant regarding his legal problem with Mr. Ellzey.

29. However, as Defendant began seeking more and more of Plaintiffs legal advice,

Plaintiff did indeed expect to be compensated, and Plaintiff made his expectations known to

Defendant.

30. After filing suit against Mr. Ellzey, Defendant actively sought Plaintiffs legal advice

via e-mails and telephone calls outside the scope of any BNI meetings, and Plaintiff spent

approximately three (3) hours giving his legal advice to Defendant on diverse dates between October

10 and November 17, 2011.

31. To disclose more details regarding discussions between Plaintiff and Defendant

would possibly violate the attorney-client privilege which exists between the parties.

32. However, as a direct result of the specific legal advice rendered by Plaintiff to

Defendant, Defendant was able to receive a full recovery of$11,700.00 from Mr. Ellzey.

33. On or about November 25,2011, Plaintifffumished Defendant with the invoice that

is attached hereto and incorporated herein as Exhibit "B."

34. Plaintiff has demanded that Defendant pay Plaintiff $769.17 consistent with said

invoice.

35. Defendant has refused to pay Plaintiff $769.17 or any lesser amount whatsoever,

claiming that he thought Plaintiffs services were being rendered "free of charge."

36. It is outrageous that an attorney with Defendant's years of experience would expect

a fellow attorney to work for free.

4

37. Furthermore, it was never Plaintiffs intention nor did Plaintiffever state orally or in

writing to Defendant that his services to Defendant were being rendered "free of charge."

38. Plaintiffdid not charge Defendant a typicaI20°A» (or higher) collections contingency

fee, but rather, Plaintiff charged Defendant a very reasonable, almost nominal fee based upon his

hourly rate after practicing law for some 23 years.

39. Indeed, the $769.17 fee demanded, had it been a contingency fee, would calculate to

less than 7% of the total proceeds recovered from Mr. Ellzey.

40. Similarly, Plaintiff didn't charge Defendant for all time expended, only part of the

time.

41. Plaintiff provided the benefit ofhis legal services to Defendant on diverse dates in

October and November of2011, and Defendant had full knowledge thereof.

42. Defendant voluntarily accepted and retained the benefit conferred upon him by

Plaintiff.

43. The circumstances render Defendant's retention ofthe benefit inequitable unless the

Defendant pays Plaintiff the value of the benefit.

44. Plaintiffdeliberately and generously underestimated the time he expended providing

legal counsel to Defendant.

45. Defendant has been unjustly enriched at the expense of Plaintiff.

46. Plaintiff is entitled to damages as a result of Defendant's unjust enrichment.

47. Plaintiffhas complied with all conditions precedent required ofhim to be complied

with or to be performed prior to the commencement ofthis action.

5

WHEREFORE. Plaintiff demands judgment against Defendant for:

a. Compensatory damages of$2,340.00 based upon a 20% collections contingency fee

or, alternatively, $769.17 based upon Plaintiffs hourly fee rate of$325.00 per hour;

and,

b. Reasonable attorneys' fees; and,

c. Costs; and,

d. Such other relief that this Court deems just and proper.

- ......__......."'---.

Eugene P. Castagliuolo, Esquire FBN 104360, SPN 01840135 CASTAGLIUOLO LAW GROUP, P. A. Wells Fargo Building, 3rd Floor 801 West Bay Drive Largo, FL 33770 Tel: (727) 712-3333 [email protected]

6

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT PINE~LAS COUNTY, FLORIDA

CASE NO:

JACKSON HILLIARD, ESQ. )

SPN:03154792 )

Plaintiff )

v. )

)

HOWARD H. ELLZEY, ESQ. )

Defendant )

v. )

)

HOWARD H. ELLZEY, P.L. )

(AKA ELLZEY & HILLIARD, P.L.) )

Defendant )

--------------) PETITION FOR AN ORDER DIRECTING THE PARTIES

TO PROCEED WITH ARBITRATION

1. Plaintiff, JACKSON HILLIARD, ESQ., sues Defendants, HOWARD H.

ELLZEY, ESQ and HOWARD H. ELLZEY, P.L., and alleges:

2. This is an action for damages that exceeds Fifteen Thousand

Dollars ($15,000.00).

3. Plaintiff, JACKSON HILLIARD, ESQ., is an attorney whose

principal place of business is located in Pinellas County,

Florida.

4. Defendant, HOWARD H. ELLZEY, ESQ. is an attorney whose principal

place of business is located in Pinellas County, Florida.

Page 1 of 3 EXHIBIT ~

5. Defendant, HONARD H. ELLZEY, P.L., is a limited liability

corporation whose principal place of business and corporate

headquarters is located in Pinellas County, Florida.

6. On July 28, 2011, the above parties, Jackson Hilliard, Esq.

(Plaintiff), Howard H. Ellzey, Esq. (Defendant) and Howard H.

Ellzey, P.L. (Defendant) executed a sales contract, or

partnership agreement. In exchange for $10,000 cash and other

consideration, Defendant{s) sold to Plaintiff a fifty percent

(50%) share of the law firm, Howard H. Ellzey, P.L. Ex. A.

7. On August 12, 2011, Plaintiff and Defendants renamed the firm

Ellzey & Hilliard, P.L. Ex. B.

8. Beginning September 6, 2011, Defendant Howard H. Ellzey, Esq.

has unilaterally divested Plaintiff of Plaintiff's ownership

stake in Ellzey & Hilliard, P.L., without providing Plaintiff

consideration or compensation in return.

9. Both Plaintiff and Defendants agreed to resolve any dispute

arising from the contract, through binding arbitration. Ex. A.

pg. 10.

10. All parties agreed to arbitrate this matter in Pinellas

County, Florida. Id.

11. Plaintiff is seeking a return of all funds Plaintiff delivered

to Defendants and damages the Plaintiff incurred as a result of

Defendants' breach of contract (or partnership agreement) and·

breach of fiduciary duty.

12. Plaintiff requests that this court order the parties to

Page 2 of 3 EXHIBIT A

proceed with arbitration according to the parties' written

agreement and Florida Statutes §682.03.

JACKSO Fla. FERR 1350 Ste. 102

LAW Ave.

Tampa, E~L 33626 PH (727) 822-8987 FAX (866) 739-0184 /jh

Page 3 of 3 EXHIBIT --A

CA~. AGLIUOLO LAW GROUP, P. A Wells Fargo Building. 3rd Floor

801 West Bay Drive Largo. FL 33770

Invoice submitted to: Jackson K. Hilliard. Esquire clo Ferraez & Lucas P. O. Box 56144 St. Petersburg FL 33732-6144

November 25. 2011

Invoice #110234

Professional Services

10/10/2011 E-mail from Jackson; review of complaint filed against Howard Ellzey

E-mail to Jackson with sample Civil Theft Notices attached

10/12/2011 Telephone conference with Jackson re Howard Ellzey matter (4 calls, total tim"e: 27 minutes)

11/2/2011 Telephone conference with Jackson re Howard Ellzey matter (4 calls, total time: 39 minutes)

E-mail from Jackson; review of his Amended Civil Theft Notice directed to Howard Ellzey


11/17/2011 Telephone conference with Jackson re Howard Ellzey matter (1 call, total time: 3 minutes)

For professional services rendered

Balance due

Hrs/Rate Amount

0.50 325.00/hr

162.50

0.30 325.00/hr

97.50

0.45 325.00/hr

146.25

0.65 325.00/hr

211.25

0.20 325.00/hr

65.00

0.22 325.00/hr

70.42

0.05 325.00/hr

16.25

2.37 $769.17

$769.17

EXHIBIT A

IN THE COUNTY COURT IN AND FOR PINELLAS COUNTY, FLORIDA COUNTY CIVIL DIVISION

EUGENE P. CASTAGLIUOLO

Plaintiff, Case No.: 12-001110-CO-041

vs.

~ 1\. ~ ~ m ~ ~ :n ~ JACKSON K. HILLIARD "'A' .'\ =:. ~.,.'~mj ~,~

;}~\ ! 0" ~~ Defendant. :0. C )c::.\ / ,r-,..,"Q. ..,.., ..~~ r__ ,V "\ \ -0 :.;00I-------------- =i A '~. :x mom .. ~l

PLAINTIFF'S MOTION FOR JUDGMENT ON THE PLEADQ G .. Z; ~ \ ~ ~

COMES NOW the Plaintiff, EUGENE P. CASTAGLIUOLO, by and through his

undersigned attorney, and moves for ajudgment on the pleadings against Defendant JACKSON K.

HILLIARD, and as good grounds therefor states as follow~:

1. On February 21, 2012, Defendant was served with the Summons and Complaint in

this cause.

2. Said Summons required Defendant to file a responsive pleading not later than 20 days

from the date of service thereof, which would have required the filing of a responsive pleading on

or before March 12, 2012.

3. Other than a demand for jury trial, Defendant has failed to file a responsive pleading

to Plaintiffs Summons and Complaint as required by the Florida Rules of Civil Procedure.

WHEREFORE PlaintiffEUGENE P. CASTAGLIUOLO respectfully requests this Honorable

Court enter·an Order granting judgment against Defendant JACKSON K. HILLIARD and in favor

of PlaintiffEUGENE P. CASTAGLIUOLO.

1

4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy ofthe foregoing PLAINTIFF'SMOTION FOR JUDGMENT ON THE PLEADINGS has been furnished by regular U. S. Mail to Defendant JACKSON K. HILLIARD, 262 4th Avenue North, St. Petersburg, FL 33701 on this /St:lt dayof March, 2012.

Eug ~.

FBN 104360, SPN 01840135 CASTAGLIUOLO LAW GROUP, P. A. Wells Fargo Building, 3rd Floor 801 West Bay Drive Largo, FL 33770 Tel: (727) 712-3333 [email protected]

2




vs.

~ JACKSON K. HILLIARD l ~" ~~/: : ;~

Defendant. Jg~! . ~ 2.~ '"71 ______________, ~-)C ~:-L ,I 6 ::;';=:

t::;O \l "-~~ .::; ?'\ ,: =""":1 rr-

PLAINTIFF'S MOTION FOR DEFAULT FOR FAILURE TO ~,,~:: F t:; AJ J. '1 r; c;;> t::,;-....f I ~.t,}( r-:

COMES NOW the Plaintiff, EUGENE P. CASTAGLIUOLO, and move~'; for ~de£1U1t

against Defendant JACKSON K. HILLIARD for his failure to defend, and as good grounds therefor

states as follows:

1. On February 21,2012, Defendant was served with the Summons and Complaint in

this cause.

2. Said Summons required Defendant to file a responsive pleading not later than 20 days

from the date of service thereot: which would have required the filing of a responsive pleading on

or before March 12, 2012.

3. Other than a demand for jury trial, Defendant has failed to file a responsive pleading

to Plaintiff's Summons and Complaint as required by the Florida Rules of Civil Procedure.

4. Defendant is a Florida-licensed attorney who practices law in Pinellas County, and

therefore, his failure to adhere to and observe the Florida Rules of Civil Procedure is inexcusable.

5. Defendant's deliberate and willful refusal to comply with the Florida Rules ofCivil

1

5

Procedure clearly establishes an intent on the part of Defendant to refuse to defend this case, and

instead, to simply delay its progress and harass the Plaintiff.

~REFOREPlaintiffEUGENE P. CASTAGLIUOLO respectfully moves this Honorable

Court for:

(1) An order of default against Defendant JACKSON K. HILLIARD;

(2) An order determining liability; and

(3) An order setting a trial date to determine the Plaintiff's claim for damages and/or

awarding sanctions under the provisions ofFlorida Rule 1.380, including reasonable

attorneys' fees, and/or awarding all other relief deemed appropriate by the Court.


I HEREBY CERTIFY that atrue and correct copy ofthe foregoing PLAINTIFF'SMOTION FOR DEFAULT FOR FAILURE TO DEFEND has been furnished by regular U. S. Mail to Defendant JACKSON K. HILLIARD, 262 4th Avenue North, St. Petersburg, FL 33701 on this _ day of March, 2012. . .

Eugene P. Castagliuolo, Esquire FBN 104360, SPN 01840135 CASTAGLIUOLO LAW GROUP, P. A. 801 West Bay Drive Suite 301 Largo, FL 33770 Tel: (727) 712-3333 [email protected]

2

IN THE COUNTY COURT FOR PINELLAS COUNTY, FLORIDA

Case No.: I2-00III0-CO-04I Division: COUNTY CIVIL

EUGENE P. CASTAG·LIUOLO

Plaintiff, vs.

JACKSON HILLIARD

Defendant

-----_._-----------/

ANSWER

Jackson Hilliard, Defendant, files this Answer to the Complaint, and answers as follows:

1. Defendant Denies Plaintiffs allegation in paragraph one of his complaint.

2. Admit.

3. Admit.

4. Admit.

5. Admit.

6. Admit.

7. Admit.

8. Admit.

9. Defendant admits that the Plaintiff is unfriendly. However, the Defendant considered the

Plaintiff a friend in the past.

10. Without knowledge.

11. Admit.

12. Deny.


14. Deny.



6


18. Admit.

19. Defendant admits that Defendant was a member of Business Networking International

(BNI) on September 13, 2011. Defendant is without knowledge as to when Plaintiff

tendered a BNI application.

20. Defendant responds to this paragraph in the alternative;

a. Defendant denies Plaintiff was Defendant's attorney.

b. Defendant partially admits that he spoke with Plaintiff at BNI meetings beginning

September 11, 2011.

c. However, if Plaintiff was Defendant's attorney, as plaintiff alleges, then plaintiff's

allegation in paragraph twenty violates plaintiff s ethical duties under the Florida

Rules of Professional Conduct 4-1.18 (b) and 4-1.4(c), (e). Defendant therefore

moves to strike paragraph twenty from the record as privileged.

21. Denied.

22. Defendant moves to strike paragraph twenty-two from the record. Plaintiffs allegation in

paragraph twenty-two violates the ethical duties to which Plaintiff must adhere under the

Florida Rules of Professional Conduct 4-1.4(c) and (e) if Plaintiff maintains that he was

Defendant's attorney.

23. Admit.

24. Admit.

25. If Plaintiff maintains that he was Defendant's attorney, then Plaintiffs allegations in

paragraph twenty-five violate his ethical duties under the Florida Rules of Professional

Conduct 4-1.18 (b) and 4-1.4(c), (e). If Plaintiff maintains that he was Defendant's

attorney, then Defendant moves to strike paragraph twenty-five from the record as

privileged.

26. Defendant denies that Plaintiff was Defendant's attorney.

27. Defendant admits that he communicated with Plaintiff over the phone and via email.

28. Defendant partially adlnits that Plaintiff never expected to be paid. Defendant denies the

rest of Plaintiff s allegation in paragraph twenty-eight.

29. Plaintiff secretly billed Defendant without any agreement, without any discussion and

without Defendant's knowledge. When Plaintiff delivered a $770 invoice to Defendant on

November 25, 2011, Defendant was surprised. Plaintiffs position that prior to November

25, 2011, he "made known" his expectations to be compensated is a bald-faced lie and a

fraud upon the court. Denied.

30. Defendant admits he communicated with Plaintiff over the phone and via email after

October 5, 2011. Defendant cannot recall exactly how long the total communications

lasted or exactly when they occurred. Had Defendant known that Plaintiff intended to bill

Defendant $350/hr for those conversations, the conversations would not have occurred.

31. If Plaintiff was Defendant's attorney, then Plaintiff has already disclosed enough details

to constitute a violation of his ethical obligations under the Florida Rules of Professional

Conduct.

32. Denied.

33. Admit.

34. Admit.

35. Defendant partially admits that he refused to pay Plaintiff $769.17. On or about

November 28, 2011, Defendant attempted to discuss Plaintiffs "invoice" with Plaintiff.

During that call, Plaintiff cut the conversation short by declaring that he would file this

present suit and then Plaintiff abruptly hung up the phone on the Defendant. Since then,

Defendant has not agreed to pay Plaintiff anything.


37. Admit.


39. Irrelevant. Denied as speculation.


41. Denied.

42. Denied.

43. Denied.


45. Denied.

46. Denied.


WHEREFORE, Defendant requests that Plaintiff take nothing by the Complaint filed by

Plaintiff and that Defendant be granted such other and further relief that the court may deem

proper.

I certify that on March 20, 2012, a true and correct copy of the foregoing was served by

u.s. mail on Eugene P. Castagliuolo at Castagliuolo Law Group, P.A., Wells Fargo Building, 3rd

Floor, 801 West Bay Drive, Largo, FL 33770.

Jack H· liard A mey or Defendant E orid ar Number: 0035923

62 th Avenue North . Petersburg, Florida 33701

Telephone: (727) 489-2101 Fax: (866) 739-0184 E-Mail: [email protected]

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7

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EUGENEP. CASTAGLIUOLO


vs. C'"

~7.• 2.;:; r:

JACKSON K. HILLIARD ~ CO -;0 C.:. ~T\

---- ;JJ :::: o ~~~

.-.... ;'j!'~ Defendant.

- ",I.' • -- "-' ro-t°1-------- --.;1 :::i ~,'\ -~\\ ~ ~_

AMENDED COMPLAINT ":~:\': '~~£;~ .. ::.;:~ .,' \~ ..... ~'!~ ':; l'~) ~ ~:~ ./) '"~.

COMES NOW the PlaintiffEUGENEP. CASTAGLIUOLO and sues Defendant JACKSON

K. HILLIARD based upon his breach ofthe quasi-contract or contract implied-in-Iaw between them,

and his unjust enrichment resulting therefrom, and alleges:

Jurisdiction and Venue

1. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION

OBTAINED WILL BE USED FOR THAT PURPOSE.

2. This is an action for damages which do not exceed $15,000.00 exclusive ofcosts and

interest.

3. Plaintiff is an attorney engaged in the private practice of law in Pinellas County,

Florida, and his sole source of income is from the private practice of law.

4. Defendant is an attorney engaged in the private practice of law in Pinellas COWlty,

Florida.

5. On April 17, 2012, the Defendant will begin his sixth year as an attorney.

1

8

6. The events complained ofherein all took place in Pinellas County, Florida.

7. Venue is proper in Pinellas County because Defendant resides there and because

Plaintiffs cause of action arose there.

8. Both jurisdiction and venue in this Court are proper pursuant to Article V, Section

6 of the Florida Constitution, and Florida Statutes §§34.01 and 47.011 (2012).

Factual Allegations

9. Plaintiffand Defendant met for the first time on September 13,2011 while both were

attending a meeting of a breakfast networking group known as "BNI."

1O. Plaintiffand Defendant are not friends nor are they now or have they ever been social

acquaintances.

11. Prior to the Bt~I meeting on September 13, 2011, Plaintiffhad never seen nor heard

of Defendant.

12. BNI is an international business and professional networking group with many local

chapters throughout the world~

13. Simply stated~ BNI espouses a system whereby each of its members theoretically

serves as an informal marketing agent for all other members, thus creating a mutually-beneficial

relationship for all members.

14. Professionals ofall types join BNI, their goal being to market themselves and to help

them "grow their business." .

15. BNI is not a social club, but a networking organization existing for the sole purpose

of generating new business and/or new clients for its members.

16. The primary reason why anyone would join BNI is to increase one's professional

2

revenue and client/customer base.

17. Immediately after the BNI meeting on September 13, 2011, Plaintiff submitted a

written application for membership in BNI.

18. Plaintiffapplied for membership in BNI to increase his law practice revenue and his

client base.

19. Plaintiff applied for BNI membership as a bankruptcy and civil litigation attorney,

and these proposed practice areas were well known to all existing BNI members, including

Defendant.

20. When Plaintifftendered his BNI application on September 13, 2011, Defendant was

already an experienced BNI member.

21. Beginning in September 2011, while at weekly meetings and while at one BNI

training session, Plaintiffand pefendant began to casually discuss Defendant's legal problems with

his former law partner, one Howard H. Ellzey.

22. The topic of Howard H. Ellzey was first brought up by Defendant, as Plaintiff had

no possible knowledge whatsoever about Defendant's legal problem with Mr. Ellzey.

23. The gist of Defendant's dispute with Mr. Ellzey was that Defendant was seeking a

refund of the $11,700.00 which he had tendered to Mr. Ellzey to purchase a partnership interest in

Mr. Ellzey's law firm.

24. On October 5, 2011, Defendant filed a lawsuit against Mr. Ellzey in the 6th Judicial

Circuit.

25. A true and correct copy of Defendant's initial pleading is attached hereto and

incorporated herein by reference as Exhibit "A."

3

26. At first, discussions regarding Mr. Ellzey were very brief and casual in nature, the

type of informal banter two lawyers will have while waiting for a meeting to begin.

27. As time went on, however, Defendant began requesting more and more guidance from

Plaintiff, and the discussions soon changed from being casual to being of the type between lawyer

and client.

28. These more involved discussions took place via telephone and e-mail.

29. Plaintiffnever expected to be paid for the initial, brief, casual discussions he had with

Defendant regarding his legal problem with Mr. Ellzey.

30. However, as Defendant began seeking more and more of Plaintiff's legal advice,

Plaintiff did indeed expect to be compensated, and Plaintiff made his expectations known to

Defendant.

31. After filing suit against Mr. Ellzey, Defendant actively sought Plaintiffs legal advice

via e-mails and telephone calls outside the scope of any BNI meetings, and Plaintiff spent

approximately three (3) hours giving his legal advice to Defendant on diverse dates between October

10 and November 17,2011.

32. The Defendant was very interested in obtaining the Plaintiffs expertise in dealing

with the type oflawsuit in which the Defendant found himselfwith Mr. Ellzey, and one e-mail from

the Defendant to the Plaintiff, which is attached hereto and incorporated herein by reference as

Exhibit "B," will serve as an ~Jlustration of the Defendant's intent in this regard.

33. To disclose more details regarding discussions between Plaintiff and Defendant

would possibly violate the attorney-client privilege which exists between the parties.

34. However, as a direct result of the specific legal advice rendered by Plaintiff to

4

Defendant, Defendant was able to receive a full recovery of $11,700.00 from Mr. Ellzey.

35. On or about November 25,2011, Plaintifffurnished Defendant with the invoice that

is attached hereto and incorporated herein as Exhibit "C."

36. Plaintiff has demanded that Defendant pay Plaintiff $769.17 consistent with said

invoice.

37. Defendant has refused to pay Plaintiff $769.17 or any lesser amount whatsoever,

claiming that he thought Plaintiffs services were being rendered "free ofcharge."

38. It is outrageous that an attorney with Defendant's years ofexperience would expect

a fellow attorney to work for free.

39. Furthermore, it was never Plaintiffs intention nor did Plaintiffever state orally or in

writing to Defendant that his services to Defendant were being rendered "free of charge."

40. Plaintiffdid not charge Defendant a typical 20% (or higher) collections contingency

fee, but rather, Plaintiff charged Defendant a very reasonable, almost nominal fee based upon his

hourly rate after practicing law for some 23 years.

41. Indeed, the $769.1 7 fee demanded, had it been a contingency fee, would calculate to

less than 7% of the total proceeds recovered from Mr. Ellzey.

42. Plaintiffdeliberately and generously Wlderestimated the time he expended providing

legal counsel to Defendant.

43. Plaintiffdidn't charge Defendant for all time expended, only part ofthe time Plaintiff

expended in counseling Defendant.

44. Plaintiffhas demanded payment from Defendant, but Defendant has refused to pay

Plaintiffanything whatsoever for his services.

5

45. Plaintiffhas complied with all conditions precedent required ofhim to be complied

with or to be performed prior to the commencement of this action.

Lera1 Arrument

46. Contracts implied-in-Iaw, synonymous with and often called "quasi-contracts," are

obligations imposed by law to prevent unjust enrichment. The 2nd District Court ofAppeal has held

that the essential elements for an action under this theory are a benefit conferred upon a defendant

by the plaintiff, the defendant's appreciation of the benefit, and the defendant's acceptance and

retention of the benefit under circumstances that make it inequitable for him to retain it without

paying the value thereot: While contracts implied in fact, such as an action in quantum meruit,

require the assent of the parties, contracts implied-in-law do not require such assent (emphasis

added). Rite-Way Painting & Plastering, Inc. v. Tetor, 582 So.2d 15,17 (Fla. 2d DCA 1991), rev.

dismissed, 587 So. 2d 1329 (Fla. 1991), Craig W. Sharp, P.A. v. Adalia BaMont Condo.. Ltd, 547

So.2d 674 (Fla. 2d DCA 1989), Henry M Butler, Inc. v. Trizec Properties. Inc., 524 So.2d 710,

711-12 (Fla. 2d DCA 1988).

47. The 2nd District Court of Appeal has also addressed unjust enrichment, sometimes

holding that it is a cause of action in itself, with elements identical to those of an implied-in-Iaw

contract action, while at other times holding that unjust enrichment is precisely what a contract

implied-in-Iaw is designed to prevent. Rollins. Inc. v. Butland, 951 So. 2d 860, 876 (Fla. 2d DCA

2006), Swindell v. Crowson, 712 So. 2d 1162, 1163 (Fla. 2d DCA 1998), RuckBrothers Brick. Inc.

v. Kellogg & Kimsev, Inc., 668 So. 2d 205, 207 (Fla. 2d DCA 1995), rev. denied, 676 So. 2d 1368

(Fla. 1996), Gomes v. Stevens, 548 So. 2d 1163, 1164 (Fla. 2d DCA 1989), Co(fee Pot Plaza

Partnership v. ArrowAir Conditioning andRefrigeration. Inc., 412 So. 2d 883 (Fla. 2d DCA 1982).

6

DEFENDANT'S BREACH OF A CONTRACT IMPLIED-IN-LAW OR, ALTERNATIVELY, DEFENDANT'S BREACH OF A QUASI-CONTRACT

48. A benefit was conferred upon the Defendant when Plaintiffprovided legal services

to the Defendant on diverse dates in October and November of2011.

49. The Defendant had full knowledge ofthe benefit conferred upon him by the Plaintiff,

to wit, the legal advice and counsel provided to him by the Plaintiff.

50. The Defendant knowingly and voluntarily accepted and retained the benefit conferred

upon him by the Plaintiff, and in fact, the legal advice and counsel rendered by the Plaintiff to the

Defendant was the direct and proximate cause of the Defendant prevailing in his legal battle with

his former "law partner."

51. Given the enrichment realized by the Defendant as a direct and proximate result of

the Plaintiffs valuable time and expert legal advice, it would be inequitable for the Defendant to

retain the value of the Plaintiffs services without paying Plaintiff the value of said services.

52. If the Defendant is permitted to retain the value of the Plaintiff's services without

paying Plaintiff the value of said services, then the Defendant will have been allowed to become

unjustly enriched at the expense of the Plaintiff.

WHEREFORE, Plaintiffdemands judgment against Defendant for:

a. Compensatory damages of $2,340.00, based upon the reasonable and customary

collections contingency fee of 20% of $11,700.00, which was the gross amount

collected by the Defendant as a direct result ofthe legal advice he received from the

Plaintiff; or, alternatively,

b. $936.15, based upon the Plaintiffs current hourly rate of $395.00 multiplied by the

7

2.37 hours he expended providing legal services and counsel to the Defendant; or,

alternatively,

c. $769.17, based upon the Plaintiffs hourly fee rate at the time he originally billed the

Defendant, which was $325.00 per hour, mUltiplied by the 2.37 hours he expended

providing legal services and counsel to the Defendant; and

d. Reasonable attorneys' fees or, alternatively, reasonable foregone attorneys' fees

suffered by the Plaintiff in having to take the time to bring and prosecute this action;

and

e. Costs; and,

f. Such other relief that this Court deems just and proper.


I HEREBY CERTIFY that a true and correct copy of the foregoing AMENDED COMPLAINThasbeenfurnishedbyreguIarU.S.MailtoDefendantJACKSONK.HILLIARD, 262 4th Avenue North, St. Petersburg, FL 33701 on this J..l2.!- day ofApril, 2012.


8

IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT PINELLAS COUNTY, FLORIDA

CASE NO:

JACKSON HILLIARD, ESQ.

SPN:03154792

Plaintiff

v.

HOWARD H. ELLZEY, ESQ.

Defendant

v.

HOWARD H. ELLZEY, P.L.

(AKA ELLZEY & HILLIARD, P.L.)

Defendant

PETITION FOR AN ORDER DIRECTING THE PARTIES

TO PROCEED WITH ARBITRATION

1. Plaintiff, JACKSON HILLIARD, ESQ., sues Defendants, HOWARD H.

ELLZEY, ESQ and HOWARD H. ELLZEY, P.L., and alleges:

2. This is an action for damages that exceeds Fifteen Thousand

Dollars ($15,000.00).

3. Plaintiff, JACKSON HILLIARD, ESQ., is an attorney whose

principal place of business is located in Pinellas County,

Florida.

4. Defendant, HOWARD H. ELLZEY, ESQ. is an attorney whose principal

place of business is located in Pinellas County, Florida . .. - ---- ~-. ..... -~...... ,

Page 1 of 3 EXHIBIT L

5. Defendant, HOWARD H. ELLZEY, P.L., is a limited liability

corporation whose principal place of business and corporate

headquarters is located in Pinellas County, Florida.

6. On July 28, 2011, the above parties, Jackson Hilliard, Esq.

(Plaintiff), Howard H. Ellzey, Esq. (Defendant) and Howard H.

Ellzey, P.L. (Defendant) executed a sales contract, or

partnership agreement. In exchange for $10,000 cash and other

consideration, Defendant(s) sold to Plaintiff a fifty percent

(50%) share of the law firm, Howard H. Ellzey, P.L. Ex. A.

7. On August 12, 2011, Plaintiff and Defendants renamed the firm

Ellzey & Hilliard, P.L. Ex. B.

8. Beginning September 6, 2011, Defendant Howard H. Ellzey, Esq.

has unilaterally divested Plaintiff of Plaintiff's ownership

stake in Ellzey & Hilliard, P.L., without providing Plaintiff

consideration or compensation in return.

9. Both Plaintiff and Defendants agreed to resolve any dispute

arising from the contract, through binding arbitration. Ex. A.

pg. 10.

10. All parties agreed to arbitrate this matter in Pinellas

County, Florida. Id.

11. Plaintiff is seeking a return of all funds Plaintiff delivered

to Defendants and damages the Plaintiff incurred as a result of

Defendants' breach of contract (or partnership agreement) and

breach of fiduciary duty.

12. Plaintiff requests that this court order the parties_.tQ.-- _._._..... 4, .F.?'StI ! ~.:" ~

Page 2 of 3

'plr~;c:a~d wi ttl' ~r:b/~t~rati~m Erc:¢t~~~inll to th~(t ;~a~t:,~e~s I w~t:~~te:~

&\9:ceemen~ta:fld Flor:id-a, gl:;a;t;ut~e:s 5:68:2 .l);]'.

·••• ..; . Ef4"i'!

EXHIBIT --4-- .

of1

Subject: Hey Gene, here's my complaint.

From: Jackson Hilliard [email protected])

To: [email protected];

Date: Monday, October 10, 2011 7:50 PM

Ifyoll want to send me that fraud complaint, I'd love to take a look at it.

Thanks,

- Jackson

...... .... zzp'-M

~ .. EXHIBIT ---

4/10/2012

CASTAGLIUOLO LAW GROUP, P. A. Wells Fargo Building, 3rd Floor

801 West Bay Drive Largo, FL 33770

Invoice submitted to: Jackson K. Hilliard, Esquire c/o Ferraez & Lucas P. O. Box 56144 St. Petersburg FL 33732-6144

November 25, 2011

Invoice #110234

Professional Services

Hrs/Rate Amount

10/10/2011 E-mail from Jackson; review of complaint filed against Howard Ellzey 0.50 325.00/hr

162.50

E-mail to Jackson with sample Civil Theft Notices attached 0.30 325.00/hr

97.50

10/1212011 Telephone conference with Jackson re Howard Ellzey matter (4 calls, total time: 27 minutes)

0.45 325.00/hr

146.25

11/212011 Telephone conference with Jackson re Howard Ellzey matter (4 calls, total time: 39 minutes)

0.65 325.00/hr

211.25

E-mail from Jackson; review of his Amended Civil Theft Notice directed to Howard Ellzey


11/17/2011 Telephone conference with Jackson re Howard Ellzey matter (1 call, total time: 3 minutes)

0.20 325.00/hr

0.22 325.00/hr

0.05 325.00/hr

65.00

70.42

16.25

For professional services rendered 2.37 $769.17

Balance due $769.17

EXHIBIT -'()!~

UNOFFICIA

L COPY

9

UNOFFICIA

L COPY

UNOFFICIA

L COPY

10

UNOFFICIA

L COPY

Pinellas County Court Case No. 12-001110-CO-G4

I MY"" tJL I UL

CasTIIUUlll LAw GROUP, P. A. 181 Weill.,DrI,. Sill. 111

bill. Rlrln aaDD ImJ 112 -ISI3

April 25, 2012

Hon. Myra Scott McNary (SENT VIA FAX ONLYJ FILEDCounty Court Judge CIVIL COURT RECORDS DEPARTMENT 324 S. Ft. Harrison Avenue. Room 248 Clearwatert FL 33756 APP 272012

RE: EUGENE P. C ~~rv r' J=QI( r:'R~~PC¥oRKNE ,. ONTYCOURT

Dear Judge McNary:

Late yesterday I provided your Judicial Assistant With copies of my proposed form order after e-maifing acopy of same to Mr. Hilliard. Please be advised that Mr. Hilliard's new attomey, Lee Segal, has refused to approve of or object to my pr~p~sed form until next Monday, some 6 days after he received It from his client late yesterday afternoon. .

This type of "lawyering" continues a paltern of "stone-walling" originally set by Mr. Hilliard. He recently told your Judicial Assistant that he couldntt agree to a hearing date/time because he hadn't yet reviewed the motion involved. Setting a hearing date/time should require nothing more then checking one's calendar to make sure there are r~o conflicts. In my humble opinion, reviewing any given motion has little or nothing to do with setting the ~ate and Ume for the hearing on that motion.

Notice of the hearing held yesterday moming was filed with the Court on April 17. 2012, yet Mr. Hilliard waited until yesterday morning to Inform me and the Court that he did not oppose my motions. I expended preparation time and travel time tolfrom the Courthouse. Your Honoreven commented on this I

asking why this could not have been accomplished without the necessity of ahearing. Mr. Hilliard wasted Your Honoris time and he wastej my time. This was particularly unprofessionaf after he sought and obtained my consent for him to ~~)pear telephonically at that very same hearing I

At approximately4:45 P.M yesbrday. Mr. Segal informed me that he would not reviewmy proposed order until next Monday, nearly a week later. I submIt to the Court that this Is an outrageous response time, given that the hearing was 6impl~, straight-forward. and 8speciaUy given that Mr. Hilliard did not oRPose mv motiQns I Mr. Segal's and 'Mr. Hilliard's behavior is merely 8 thinly-veiled attempt to buy more response time than the 20 days ordered by the Court.

As much as I hate requesting this, I am asking Your Honor to set permissible response times for Mr. Segal and Mr. HillJardto consent to hearing dates/times, and for approving proposed orders in this oause. For the record, Your Honor, I always agree immediately to hearing datesltimes and I approve or object to orders just as fast. I am merely asking the same courtesies from my opponents. It's a shame Jhave ask for you to Intercede. but unfo'rtunately, I feel I have no other alternative.

With appreciation for your time ~nd attention to the foregoing. I shall remain

V~Z_I __~ _ EUGENE P. CASTAGLIUOLO

cc: lee Segal. Esquire (SE~t VIA FAXONLYJ

11

r HUe. tJ.L f U~

CASTAGLIUOLO LAW GROUP, P. A. 801 West Bay Drive Suite 301

Largo, FL 33770

Tet: (727) 712-3333 Fax: NONE AT THIS TIME

FAX COVER SHEET

FAX NUMBER TRANSMITTED TO: 727464-5484 & 888-672-7347

To: Hon. Myra Scott McNary Copyto= Lee Segal, Esquire ~: CASTAGLIUOLO V. HILLIARD (12-001110-CO-041) QIJI: April 25, 2012

~'1~'7'r~ r ~7~S ~~ '1 ~""7:~~" '!.4 HH,:·~tT-ff1~I:"'; ·'tJ.L't- ~~,~~~ H1l'"f:lfl~~1~11r .. ;1 :'i{'J~L7('.~-;1·,~ f,.'.~'~l· .; i\ ~- } T'~'~'''' 7 ~ ;~-- ~ -c" I I,' ~.:.:.~ :r~;t';t" ~ ~.~_•• J :.~ ••l •.. ;.I~.~ll t'-r;;.· ~:~~" L .......Jt 'f~"~~)~'~ ~Ji ;1~::'~"'I;):~r ·t:."~ ,/; L;:~'I~ ,:~~}%tJ.:..;fi~'\'I'~: ~-':-' ..d --:::' :., I"'/~·.:: .. ~"'l~'\:'~ ':'C'P;:%1~

Letter to Judge McNary (with copy to Mr. Segal) 1 ~.

COMMENTS:

Please don1t respond to this fax number. It is not my fax machine. I will be adding a fax machine in the very near future.

Responses can be e-mailedtomeat6!j:[email protected].

Thank you.

• NOT COUNTING THE COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES. PLEASE TELEPHONE us IMMEDIATELY AT (727) 712·3333.

The information contained in this facsimile transmission is intended for the porsonal and c:onfiden1ial use of the designated reclpient(s) named abovej This mess8ge may be an attorney-dient communication. and as such. is privileged and confidential. If the reader of this mesasge is not the intended rteipient or any agent responsible for deliv.ring "to the Intended recipient. ~u ere hereby notified that you have received this communication in error. and that any review, dissemination, mstribution. or copying of any part of this communication is strictly prohibited. If you received this eommunteatton in .nor. ~ea68 notify us immedietely by tolephone and return it to us by mall. Thank you.



Plaintiff, ease No.: 12-001110-CO-041

vs. n ~ =aJ:' ~ r-;; 1\ .....-- n

,...Ii;, I, :zJACKSON K. HILLIARD ;:;,,1 \ »- n -e,.

":~ ,1'1 , I 0

CD e '";0Defendant. -fr3~\,y M'f

~r \ ..,. ;00.', ,

-------------~/ 2. m(~hi b\J r • () : .t::.. 0'PLAINTIFF'S MOTION TO FIND DEFENDANT IN CONTr

"" en ~ w 'C ,,~AND FOR SANCTIONS

COMES NOW the Plaintiff, EUGENE P. CASTAGLIUOLO, and pursuant to Fla. R. Civ.

P. 1.380, moves this Honorable Court for the entry of an appropriate Order finding Defendant

JACKSON K. HILLIARD (hereinafter, "Mr. Hilliard") in contempt of this Court's Order and for

sanctions against Mr. Hilliard, and in support thereof states:

1. On April 27, 2012, this Court granted Plaintiff's motions to compel the production

ofdocuments and to compel answers to interrogatories from Mr. Hilliard.

2. A true and correct copy of this Court's Order of April 27, 2012 (hereinafter, "the

Order") is attached hereto and incorporated herein by reference as Exhibit A.

3. The Order specified that Mr. Hilliard shall have twenty (20) days from the date ofthe

Order to respond to Plaintiffs two requests to produce and Plaintiffs first set of interrogatories.

4. The Order, therefore, required Mr. Hilliard's response on or before May 17, 2012.

5. Mr. Hilliard failed to provide his response(s) to Plaintiffon or before May 17, 2012

as he was Ordered to do by this Court.

12

6. Furthermore, Mr. Hilliard failed to provide his response(s) to Plaintiffon or before

May 18, 2012, so it cannot even be said that he is merely one day late.

7. Throughout this litigation, Mr. Hilliard has displayed a cavalier attitude toward the

time deadlines contained in the Florida Rules ofCivil Procedure, and now, he has demonstrated an

equal disdain for an Order of this Court.

8. Mr. Hilliard's recalcitrance has frequently made it necessary for the Plaintiffto bring

this and other similar motions to "urge" him to abide by the FloridaRules ofCivil Procedure, Florida

law, and the mandates of this Court.

WHEREFORE PlaintiffEUGENE P. CASTAGLIUOLO respectfully moves this Honorable

Court for an order finding Mr. Hilliard in contempt ofthis Court, and furthermore, for an assessment

of sanctions against him and in favor ofthe Plaintiff.


I HEREBY CERTIFY that a true and correct copy ofthe foregoing PLAINTIFF'SMOTION TO FIND DEFENDANTIN CONTEMPTAND FOR SANCTIONS has been furnished by regular U. S. Mail to Lee Segal, Esquire, SEGAL & SCHUH LAW GROUP, 13575 58th Street North, Suite 140, Clearwater, FL 33760 on this lB~ day of May, 2012.


2

IN THE COUNTY COURT IN AND FOR PINELLAS COUNTY, FLORIDA COUNTY elm DMSION

EUGENEP.CASTAGLIUOLO Plaintiff,

vs. Case No.: 12-001110-CO-041

JACKSON K. HILLIARD Defendant.

--------------, ORDER GRANTING PLAINTIFF'S MOTIoNS TO CoMPEL

THIS CAUSE having come before.the. Court for hearing on April24, 2D.12, upon Eugene.

P. Castagliuolo's motions to compel production of documents and to compel answers to

interrogatories, and Mr. Castagliuolo having appeared in person, and Mr. Hilliard having appeared

telephonically with the Court's permission, and the Court having considered said motions, and with ... :

neithermotion opposed byMr. Hilliard, and after reviewing the Court file, and being otherwise fully

advised in the premises, it is hereby

ORDERED AND ADJUDGED as follows:

1. That Eugene P..Castagliuolo's motions to compel the production ofdocuments and

to compel answers to interrogatories be and are hereby GRANTED.

2. That Mr. Hilliard shall have twenty (20) days from the date this Order to respond to

Mr.'·Castagliuolo's two requests to'produce and Mr. 'Cas~itiolo's first s~t (jfmterr(jgatories~' " _,.".

DONE AND ORDERED at Clearwater, Pinellas County, Florida this day of

April, 2012. ORIGINAL SIGNED

APR 27 2012 MYRA SCOTT McNARY

I

COUNTYC

Confonned copies furnished to:

Eugene P. Castagliuolo, Esquire EXHIBIT .-lLJackson K. Hilliard, Esquire

SUPREME COURT OF NEW JERSEY Attorney Ineligibility Order Pursuant to Rule 1:28-2(a)

Pursuant to Rule 1:28-2, the Trustees of the New Jersey Lawyers' Fund for Client Protection

(Fund) have reported to the Supreme Court the names of those attorneys who have neither made full

payment to the Fund, the Disciplinary Oversight Committee, and the Lawyers Assistance Program for

the calendar year 2008, nor demonstrated that they are entitled to an exemption from making such

payment;

And the Court having had the Trustees send notice to each such attorney that unless all

reporting and financial obligations were fully satisfied on or before August 29, 2008, his or her name

would be published in the New Jersey Law Journal and the New Jersey Lawyer together with an Order

of the Court declaring him or her ineligible to practice law;

And notwithstanding the fact that every reasonable effort has been made by the Trustees to

notify all attorneys of their obligations, unless exempt, to file an annual registration statement and

make payment to the Fund, the attorneys whose names appear on the attached Ineligible List have, as

of the date of this Order, failed either to make full payment or to request and be granted an exemption;

IT IS ORDERED that pursuant to Rule 1:28-2(a), each attorney whose name appears on the

attached Ineligible List shall be ineligible to engage in the practice of law in New Jersey, effective

September 29, 2008; and it is further

ORDERED that each attorney whose name is included on the attached Ineligible List shall

remain ineligible to practice law in New Jersey until all fees due have been paid in full or until

entitlement to the military or retired exemption from payment for each ineligible year has been

satisfactorily demonstrated to the Trustees; and it is further

ORDERED that this Order and the attached list of attorneys are to be posted on the Judiciary's

website and published in the New Jersey Law Journal and the New Jersey Lawyer no later than

September 29, 2008, and that a copy of this Order be mailed to each attorney whose name appears on

the attached list at the address shown thereon; and it is further

ORDERED that any amendments or corrections to this Order shall be posted and published as

soon as may be practicable.

For the Court, /s/ Stuart Rabner

Chief Justice Dated: September 22 , 2008

13

Out of State County

2008 Ineligible List

NJ LAWYERS' FUND FOR CLIENT PROTECTIONSeptember 29, 2008 Page 67 of 187

ATTORNEY NAMEATTORNEY ADDRESS CITY ST ZIP

ATTORNEY

ID

YR

ADM

CASEY KAREN ANN 1991 607 SW SIMS DR031421991 BENTONVILLE AR 72712

CASEY LAWRENCE J 1989 2965 POTSHOP RD P O BOX 221008791989 WORCESTER PA 19490

CASEY SHARON SHELFER 1991 71 WASHINGTON ST #2030781991 SALEM MA 01970

CASILLAS LUIS A 2007 322 E 59TH STREET APT 1B040552007 NEW YORK NY 10022

CASS JILLIAN ELIZABETH 2001 2 CONGERS RD006952001 NEW CITY NY 10956

CASSATA SERAFINA MARIE 1996 60 BAY ST FL 3RD013201996 STATEN ISLAND NY 10301

CASSIDY BERNARD MICHAEL 1991 1 E BROWARD BLVD STE 1410039551991 FT LAUDERDALE FL 33301

CASTAGLIUOLO EUGENE PHILLIP 1989 P O BOX 39000161989 SAFETY HARBOR FL 34695

CASTELLI MICHAEL A. 2001 88 PINE ST SEVENTH FLOOR WALL

STREET PLAZA

003292001 NEW YORK NY 10005

CASTELLINI JILL C 2003 2628 TULIP ST036772003 PHILADELPHIA PA 19125

CASTELLUCCIO JOSEPH A III 2006 45 WALL STREET APT 821031672006 NEW YORK NY 10005

CASTRO IDA L 1982 APT 8H 191 WILLOUGHBY ST025771982 BROOKLYN NY 11201

CATARINELLA STEPHEN ANGELO 2004 APT M 104 BRIARIDGE DR032822004 TURTLE CREEK PA 15145

CATLOW JESSICA W 2004 23RD FLOOR 75 ROCKEFELLER PLAZA028902003 NEW YORK NY 10019

CATO ALEXA UMEYO 2004 408 MYRTLE AVENUE APT 2017832003 BROOKLYN NY 11205

CATO MARSHA SIMONE 1999 PO BOX 280577041061999 QUEENS VILLAGE NY 11428

CATRI WESLEY L 1976 7140 SW 19TH ST002041974 PLANTATION FL 33317

CATRILLO BARBARA TAPPER 1984 1320 N BRYANT AVE023331984 TUCSON AZ 85712

CAUGHEY RYAN THOMAS 2000 738 ELM STREET029371999 INDIANAPOLIS IN 46203

CAULEY CLAY N 2004 1 S BROAD ST STE 1810032302003 PHILADELPHIA PA 19107

CAULK EMMANUEL JR 2001 11070 MEAD RD APT 604033192001 BATON ROUGE LA 70816

CAVALIER DOROTHY 1996 19 FOWLER LN015311996 MOUNT SINAI NY 11766

CAVALIER MATTHEW JOHN 1997 25420 60TH AVE021011996 LITTLE NECK NY 11362

CAVALLARO ROBERT 1998 APT 30A 300 E 34TH ST044991998 NEW YORK NY 10016

CAVALLO FRANCIS JOSEPH 2002 12020 LAKE AVE #505039172001 LAKEWOOD OH 44107

CAVALLO ROBERT L 1998 APT 1A 69 EDWARDS ST004971998 ROSLYN HEIGHTS NY 11577

CAVANAGH ELISABETH HESSLER 2004 488 MADISON AVE021332004 NEW YORK NY 10022

CAVINESS JENNIFER L 2007 208 WOODRIDGE DR019582006 CARNEGIE PA 15106

CEMBER JONATHAN PAUL 1983 809 SLEEPY HOLLOW RD EXT015591983 BRIARCLIFF MANOR NY 10510

CERMANSKI EDWARD JOSEPH 1989 401 PENN ST STE 100023421989 READING PA 19601

CERNICH SCOTT MICHAEL 1999 747 12TH ST SE040581999 WASHINGTON DC 20003

CERSKI CHRISTOPHER J 2003 APT 926 25 WASHINGTON LN020832002 WYNCOTE PA 19095

CERVANTES PETER M 1975 15106 CRAGGY CLIFF ST020451976 TAMPA FL 33625

CETERO FRANK A 2002 42 OSCEOLA AVE008852000 DEER PARK NY 11729

CEVALLOS LYNDA C 2002 STE 1000 1400 K ST NW020262001 WASHINGTON DC 20005

CHA ANDREA 1998 4639 247TH ST046861998 DOUGLASTON NY 11362

CHACHKIN BENJAMIN D 2007 1401 N. TAFT STREET, APT 718041662006 ARLINGTON VA 22201

CHADWICK ROBIN A 1996 10 JONES COURT051991996 MASSAPEQUA NY 11762

CHAE CINDY S 2004 1642 PICCARD DRIVE032872004 ROCKVILLE MD 20850

CHAFF SANDRA L 1985 405 W PRICE ST001291985 PHILADELPHIA PA 19144


ASE UMMARYCASE NO. 09-018650-CI

BAC HOME LOANS SERVICING L P vs. EILEEN R CASTAGLIUOLO, et al §§§§§§§

Case Type: MORTGAGE FORECLOSURE -CIRCUIT

Date Filed: 10/23/2009Location: Section 7

Judicial Officer: BOYER, BRUCEUNIFORM CASE NUMBER: 522009CA018650XXCICI

PARTY INFORMATION

AttorneysCLOSEDDEFENDANT -DISMISSED/DR

ALL UNKNOWN PARTIES

CLOSEDDEFENDANT -DISMISSED/DR

CASTAGLIUOLO, EUGENE P EUGENE P CASTAGLIUOLO Retained801 WEST BAY DRIVESUITE 301LARGO, FL 33770

727-712-3333(W)

2138 NORTH BAY HILLS BOULEVARD SAFETY HARBOR, FL 34695


UNKNOWN PARTIES IN POSSESSION 1 2138 NORTH BAY HILLS BOULEVARD SAFETY HARBOR, FL 34695


UNKNOWN PARTIES IN POSSESSION 2 2138 NORTH BAYL HILLS BOULEVARD SAFETY HARBOR, FL 34695

DEFENDANT CASTAGLIUOLO, EILEEN R DONALD D CONN Retained2701 N ROCKY POINT DRSUITE 900TAMPA, FL 33607

813-639-9599(W)

2138 NORTH BAY HILLS BOULEVARD SAFETY HARBOR, FL 34695

PLAINTIFF BAC HOME LOANS SERVICING LP FORMERLY KNOWN AS COUNTRYWIDEHOME LOANS SERVICING L P

STEPHANIE LORD Retained4630 WOODLAND CORP BLVSUITE 100TAMPA, FL 33614

813-880-8888(W)


06/08/2012 CERTIFICATE TITLE MLD PLTF(S) ATTORNEYComment: CERTIFICATE TITLE MLD PLTF(S) ATTORNEY; VER: N; K

06/01/2012 CERTIFICATE OF NO DISBURSEMENTComment: CERTIFICATE OF NO DISBURSEMENT; VER: F; K

06/01/2012

CERTIFICATE OF TITLE RECORDED:Comment: CERTIFICATE OF TITLE RECORDED: OR17601PG1857-001; VER: R; K

Vol./Book 17601, Page 1857, 001 pages05/21/2012 CERTIFICATE OF SALE

Comment: CERTIFICATE OF SALE FEDERAL NATIONAL MORTGAGE ASSOC; VER: F; K05/21/2012 Realauction Electronic Sale Fee Paid $

Comment: REALAUCTION ELECTRONIC SALE FEE PAID $49.00; VER: N; P05/15/2012 Certificate Of Sale - Fee Paid $70.00

Comment: CERTIFICATE OF SALE - FEE PAID $70.00; VER: N; P05/14/2012 ASSIGNMENT OF JUDGMENT

Comment: ASSIGNMENT OF JUDGMENT; VER: F; P


1 of 4 10/18/2012 1:05 PM

14

04/20/2012 PUBLISHER'S AFFIDAVIT NOTICE OF SALEComment: PUBLISHERS AFFIDAVIT NOTICE OF SALE; VER: F; P

04/10/2012 ATTORNEY COVER LETTERComment: ATTORNEY COVER LETTER W/ATTD; VER: F; P

04/10/2012 NOTICEComment: TO QUITCLAIM REAL PROPERTY TO PLTF; VER: F; D

04/10/2012 NOTICEComment: NOTICE INTENT TO DISCONTINUE MAINTENANCE/SECURITY AND; VER: F; D

04/05/2012 NOTICE OF SALEComment: NOTICE OF SALE; VER: F; P

04/03/2012 Reopen Fee Paid $Comment: RE-OPEN FEE PAID - $50.00; VER: N; P

04/02/2012 PLAINTIFF'S MOTION TO CANCEL FORECLOSURE SALEComment: MOTION TO CANCEL FORECLOSURE SALE AND RESCHEDULE SALE; VER: F; P


04/02/2012 CASE REOPENEDComment: REOPEN CASE/OTHER; VER: N; P

04/02/2012

ORDER RESCHED ONLINE SALEComment: ORD RESCHED ONLINE SALE FOR: 052112 OR17541PG0414-001; VER: F; P

Vol./Book 17541, Page 0414, 001 pages02/14/2012 CORRESPONDENCE TO COURT RE:

Comment: CORRESPONDENCE TO COURT RE: ENTER JUDGMENT; VER: F; D02/14/2012

SALE SCHEDULED ONLINE

Comment: SALE SCHEDULED ONLINE FOR: 040312 OR17494PG1917-007; VER: F; PVol./Book 17494, Page 1917, 007 pages

02/14/2012 FINAL JUDGMENT OF FORECLOSUREComment: FINAL JUDGMENT OF FORECLOSURE/JDMT AMOUNT $ 220008.79; VER: F; P

02/14/2012 JUDGMENT (SRS DISPOSITION)Comment: JUDGMENT; VER: N; P


02/13/2012 STIPULATIONComment: STIPULATION AND CONSENT TO JUDGMENT; VER: F; P

02/13/2012 NOTICE OF FILINGComment: NOTICE OF FILING STIPULATION; VER: F; P

02/08/2012 ID NAMEComment: ALL UNKNOWN PARTIES; VER: F; P

02/08/2012 ID NAMEComment: UNKNOWN PARTIES IN POSSESSION 2; VER: F; P


02/08/2012

NOTICE OF DROPPINGComment: NOTICE OF DROPPING AS TO OR17494PG1917-007; VER: F; P

Vol./Book 17494, Page 1917, 007 pages01/10/2012 AMENDED MOTION

Comment: AMENDED MOTION SUMMARY JUDGMENT W/ATTD AFFIDAVITS; VER: F; P11/01/2011 STIPULATION/ORDER

Comment: STIPULATION/ORDER SUBSTIUTITON OF COUNSEL; VER: F; D11/01/2011 ATTORNEY COVER LETTER

Comment: ATTORNEY COVER LETTER RECD BY COURT 103111; VER: F; D08/29/2011 NOTICE OF HEARING

Comment: NOTICE OF HEARING 120511 1:15; VER: F; P06/09/2011 NOTICE

Comment: NOTICE CHANGE OF FIRM NAME/CHANGE OF ATTORNEY OF RECOR; VER: F; P03/31/2011 AS TO:

Comment: AS TO: EUGENE P CASTAGLIUOLO UPON COMPLETION; VER: F; D03/31/2011 ORDER GRANTING

Comment: ORDER GRANTING MOTION TO DROP AS PARTY; VER: F; D03/31/2011 ATTORNEY COVER LETTER

Comment: ATTORNEY COVER LETTER RCVD BY COURT 033111; VER: F; D03/29/2011 NOTICE OF CANCELLATION

Comment: NOTICE OF CANCELLATION OF HEARING 042011 1:30; VER: F; P03/28/2011 COPY

Comment: COPY DISCLAIMER OF INTEREST IN REAL PROPERTY; VER: F; P03/28/2011 NOTICE OF FILING

Comment: NOTICE OF FILING DISCLAIMER OF INTEREST; VER: F; P03/28/2011 ID NAME

Comment: EUGENE P CASTAGLIUOLO; VER: F; P03/28/2011

NOTICE OF DROPPING

Comment: NOTICE OF DROPPING AS TO OR17209PG2592-002; VER: F; PVol./Book 17209, Page 2592, 002 pages

03/09/2011 NOTICE OF FILINGComment: NOTICE OF FILING ATTD C/C OF QUIT CLAIM DEED; VER: F; D

03/08/2011 OBJECTIONComment: OBJECTION TO AMENDED NOTICE OF HEARING; VER: F; P


2 of 4 10/18/2012 1:05 PM

03/07/2011 AMENDED NOTICE OF HEARINGComment: AMENDED NOTICE OF HEARING 042011 9:15; VER: F; P

01/13/2011 NOTICE OF HEARINGComment: NOTICE OF HEARING 030811 @ 2:45; VER: F; D

01/13/2011 NOTICE OF FILINGComment: NOTICE OF FILING CORRESPONDENCE SENT TO ATTY; VER: F; D

01/11/2011 RESPONSEComment: RESPONSE TO MOTN FOR SANCTIONS/DROPPED AS PARTY; VER: F; P

12/23/2010 END OF VOLUMEComment: END OF VOLUME: 1; VER: F; K

12/23/2010 PLTF/PET'S MOTION TO DISMISSComment: MOTION DISMISS - 10 DAYS; VER: F; P

12/23/2010 ORDER GRANTINGComment: ORDER GRANTING EXTENSION OF TIME TO RESPOND TO; VER: F; P

12/10/2010 REPLYComment: REPLY TO RESPONSE TO MOTIN TO DISMISS/SANCTIONS; VER: F; D

12/07/2010 RESPONSEComment: RESPONSE TO MOTION TO DISMISS; VER: F; P

12/02/2010 PLTF/PET'S MOTION FOR EXTENSION OF TIMEComment: MOTION FOR EXTENSION OF TIME; VER: F; P

11/30/2010 DEF/RESP'S MOTIONComment: MOTION TO BE DROPPED AS PARTY; VER: F; D

11/30/2010 NOTICEComment: NOTICE OF OFFER OF DEED IN LIEU OF FORECLOSURE; VER: F; D

11/19/2010 ORDERComment: ORDER RE: RESPONSE TO MOTION TO DISMISS; VER: F; P

08/31/2010 NOTICE OF CHANGE OF ADDRESS OF COUNSELComment: NOTICE OF CHANGE OF ADDRESS OF COUNSEL; VER: F; P

08/26/2010 NOTICE OF CHANGE OF ADDRESS OF COUNSELComment: NOTICE OF CHANGE OF ADDRESS OF COUNSEL; VER: F; D

08/16/2010 REQUEST FOR PRODUCTIONComment: REQUEST FOR PRODUCTION; VER: F; D

08/16/2010 OBJECTIONComment: JOINT OBJECTION TO MOTION FOR SUMMARY JUDGMENT; VER: F; D

08/16/2010 DEF/RESP'S MOTION TO DISMISSComment: JOINT MOTION DISMISS; VER: F; D


08/03/2010 AFFIDAVITComment: AFFIDAVIT IN SUPPORT OF MOTION FINAL JUDGMENT; VER: F; P

08/03/2010 NOTICE OF FILINGComment: NOTICE OF FILING AFFIDAVIT; VER: F; P

06/23/2010 CERTIFICATE OF COMPLIANCE W/FORECLOSURE PROCEDURESComment: CERTIFICATION-COMPLIANCE W/FORECLOSURE PROC; VER: F; P

05/14/2010 AFFIDAVIT AS TO COSTSComment: AFFIDAVIT AS TO COSTS; VER: F; P

05/14/2010 AFFIDAVIT IN SUPPORT OF MOTION FOR JUDGMENTComment: AFFIDAVIT IN SUPPORT OF MOTN FOR JUDGMENT; VER: F; P

05/14/2010 AFFIDAVIT OF ATTORNEY FEESComment: AFFIDAVIT OF ATTORNEY FEES AND TIME; VER: F; P

05/14/2010 AFFIDAVIT OF ATTORNEY FEESComment: AFFIDAVIT OF ATTORNEY FEES; VER: F; P

05/14/2010 PLTF/PET'S MOTION FOR SUMMARY JUDGMENTComment: MOTION SUMMARY JUDGMENT; VER: F; P

05/14/2010 NOTICE OF FILINGComment: NOTICE OF FILING NOTE/MORTGAGE/ASSIGNMENT OF MORTGAGE; VER: F; P

04/01/2010 ID NAMEComment: UNKNOWN PARTIES 1 AND 2 MILITARY STATUS NOT DETERMINED; VER: F; K

04/01/2010 ID NAMEComment: EUGENE - MOTION TO AWARD FEES FILED 031210 /; VER: N; K

04/01/2010 ID NAMEComment: EILEEN - MOTION TO QUASH FILED 111709 /; VER: N; K

04/01/2010 LETTER FROM CLERK RE: NO DEFAULT ENTEREDComment: LETTER FROM CLERK RE: NO DEFAULTS ENTERED -; VER: N; K

03/25/2010 PLTF/PET'S MOTION FOR DEFAULTComment: MOTION FOR DEFAULT; VER: F; P

03/25/2010 AFFIDAVIT AS TO MILITARY SERVICEComment: AFFIDAVIT AS TO MILITARY SERVICE; VER: F; P

03/12/2010 DEF/RESP'S MOTIONComment: MOTION TO AWARD ATTORNEYS FEES/SANCTIONS PRO SE; VER: F; D

02/04/2010 CERTIFICATE OF MAILINGComment: CERTIFICATE OF MAILING; VER: F; K

02/04/2010 ID NAMEComment: UNKNOWN PARTIES IN POSSESSION 2; VER: F; K

02/04/2010 ID NAMEComment: UNKNOWN PARTIES IN POSSESSION 1; VER: N; K


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02/04/2010 ID NAMEComment: EUGENE P CASTAGLIUOLO; VER: N; K

02/04/2010 ID NAMEComment: EILEEN R CASTAGLIUOLO; VER: N; K

02/04/2010 NOTICE OF ACTION/EMAILED-GULF COAST BUS REVComment: NOTICE OF ACTION/EMAILED-GULF COAST BUS REV /; VER: N; K

02/03/2010 ID NAMEComment: EILEEN R CASTAGLIUOLO; VER: F; P

02/03/2010 AFFIDAVIT FOR CONSTRUCTIVE SERVICEComment: AFFIDAVIT FOR CONSTRUCTIVE SERVICE /; VER: F; P

02/03/2010 ID NAMEComment: EUGENE P CASTAGLIUOLO; VER: F; P






02/01/2010 ALIAS SUMMONS - RETURNED NOT SERVEDComment: ALIAS SUMMONS RETD NOT SERVED EILEEN R CASTAGLIUOLO; VER: F; K

02/01/2010 ALIAS SUMMONS - RETURNED NOT SERVEDComment: ALIAS SUMMONS RETD NOT SERVED UNKNOWN PARTIES IN POSSESSION 2; VER: F; K

02/01/2010 ALIAS SUMMONS - RETURNED NOT SERVEDComment: ALIAS SUMMONS RETD NOT SERVED UNKNOWN PARTIES IN POSSESSION 1; VER: F; K


12/30/2009 TEXTComment: CASTAGLIUOLO; VER: N; K

12/30/2009 ALIAS SUMMONS TO:Comment: ALIAS SUMMONS/PS/PROVEST/UNKNOWN PARTY 1 & 2/EILEEN R; VER: N; K

12/29/2009 REQUEST FOR ALIAS SUMMONSComment: REQUEST FOR ALIAS SUMMONS; VER: F; P

12/23/2009 SUMMONS - RETURNED NOT SERVED:Comment: SUMMONS RETD NOT SERVED EUGENE P CASTAGLIUOLO; VER: F; K

12/23/2009 SUMMONS - RETURNED NOT SERVED:Comment: SUMMONS RETD NOT SERVED EILEEN R CASTAGLIUOLO; VER: F; K

12/23/2009 SUMMONS - RETURNED NOT SERVED:Comment: SUMMONS RETD NOT SERVED UNKNOWN PARTIES IN POSSESSION 2; VER: F; K

12/23/2009 SUMMONS - RETURNED NOT SERVED:Comment: SUMMONS RETD NOT SERVED UNKNOWN PARTIES IN POSSESSION 1; VER: F; K

11/17/2009 DEF/RESP'S MOTIONComment: MOTION QUASH SERVICE OF PROCESS; VER: F; D


10/27/2009 Lis Pendens Recording - Fee Paid $Comment: LIS PENDENS RECORDING FEE PAID - $9.00; VER: N; P

10/27/2009 Circuit Civil Filing - Fee Paid $Comment: CIRCUIT CIVIL FILING FEE PAID $905.00; VER: N; P

10/26/2009 SUMMONS TO PROCESS SERVER:Comment: SUMMONS TO PROCESS SERVER PROVEST; VER: N; K

10/23/2009 CIVIL COVER SHEETComment: CIVIL COVER SHEET; VER: F; P

10/23/2009 VALUE OF REAL PROP/MORTGAGE FORECLOSURE CLAIMComment: VALUE OF REAL PROP/MORT FORECLOSURE CLAIM; VER: F; P

10/23/2009

NOTICE OF LIS PENDENSComment: NOTICE OF LIS PENDENS OR16737PG0949-002; VER: F; P

Vol./Book 16737, Page 0949, 002 pages10/23/2009 COMPLAINT (SRS)

Comment: COMPLAINT; VER: F; P10/23/2009 THIS CASE ASSIGNED BY CLERK TO SECTION

Comment: THIS CASE ASSIGNED BY CLERK TO SECTION 007 BY 0025 - RANDOM MF; VER: N; P10/23/2009 CASE FILED10/23/2009 CASE FILED


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Category: Lawyers

28960 US Highway 19 N Ste 100Clearwater, FL 33761

(727) 781-3500

Castagliuolo Eugene P PA - CLOSED

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9/29/2012

5

1 attorney, tell him that you're calling to set up a 2 deposition to alleviate, or whatever the word is, 3 to get rid of the Writ of Bodily Attachment and 4 come to the deposition with me and provide whatever 5 they're looking for. 6 MR. CASTAGLIUOLO: That's fine. I have no 7 problem doing that for a thousand dollars. Are you 8 in Ocala? 9 MR. GILLESPIE: Yes.10 MR. CASTAGLIUOLO: Okay. So how is it that11 we're going to get together today?12 MR. GILLESPIE: I'll get in my car and drive13 to your office.14 MR. CASTAGLIUOLO: Oh, boy. Okay. Well --15 MR. GILLESPIE: Is that a problem?16 MR. CASTAGLIUOLO: It's -- not only do I have17 a pretty booked up day, I look like a trashman.18 I'm wearing shorts, I didn't shave because I had19 a --20 MR. GILLESPIE: As long as you're not naked, I21 don't care.22 MR. CASTAGLIUOLO: No, no, I'm not naked, but23 I had a back office day planned. But if you're24 willing to do that, come on down.25 MR. GILLESPIE: I'm going to bring my laptop

24


ASE UMMARYCASE NO. 11-006560-SC

EUGENE P CASTAGLIUOLO vs. TINA BEESLER §§§§§§§

Case Type: SMALL CLAIMSDate Filed: 11/23/2011

Location: Section 47Judicial Officer: McNARY, MYRA SCOTT

UNIFORM CASE NUMBER: 522011SC006560XXSCSC

PARTY INFORMATION

AttorneysDEFENDANT BEESLER, TINA

11154 64TH TERRACE SEMINOLE, FL 33772


727-712-3333(W)


09/11/2012 C/C JUDGEMENT MADE/HANDED RECORDINGComment: C/C JUDGEMENT MADE/HANDED RECORDING; VER: R; K

07/16/2012 NOTICE OF CANCELLATIONComment: NOTICE OF CANCELLATION CROSS NOTICE HEARING 071212 1:00 PRO SE; VER: F; D

07/16/2012 NOTICE OF WITHDRAWALComment: NOTICE OF WITHDRAWAL REQUEST FOR ORDER AMENDMENTPRO SE; VER: F; D

07/13/2012 NOTICE OF CANCELLATIONComment: NOTICE OF CANCELLATION CROSS NOTICE OF HEARING; VER: F; D

07/11/2012 SATISFACTION OF JUDGMENTComment: SATISFACTION OF JUDGEMENT; VER: F; P

07/11/2012 REQUEST FOR:Comment: REQUEST FOR: ORDER AMENDMENT PRO SE; VER: F; D

07/11/2012 DEF/RESP'S MOTION FOR PROTECTIVE ORDERComment: MOTION PROTECTIVE ORDER PRO SE; VER: F; D

07/11/2012 NOTICE OF HEARINGComment: NOTICE OF HEARING 071212 1:00 PRO SE; VER: F; D

07/11/2012 NOTICE OF CANCELLATIONComment: NOTICE OF CANCELLATION HEARING 071212 1:00; VER: F; P

07/05/2012 ORDER DENYINGComment: ORDER DENYING EACH AND EVERY MOTION OF DEFENDANT; VER: F; D


07/03/2012 CORRESPONDENCEComment: CORRESPONDENCE RE:AMOUNT JUDGMENT/INTEREST/PRO SE; VER: F; D

07/03/2012 NOTICE OF FILINGComment: NOTICE OF FILING COPYMONEY ORDR/SATISFY JUDGMENT; VER: F; D


06/25/2012 PLTF/PET'S MOTION TO COMPEL DISCOVERYComment: MOTION COMPEL DISCOVERY AND FOR SANCTIONS; VER: F; P

06/15/2012 NOTICE OF WITHDRAWALComment: WITHDRAWAL MOTION FILED 051612/COMPEL DISCOVERY; VER: F; P


06/07/2012 DEF/RESP'S MOTIONComment: MOTION FOR MISTRIAL AND FOR NEW TRIAL; VER: F; D

06/07/2012 REQUEST FOR:Comment: REQUEST FOR: SENATORIAL REVIEW AND REQUEST STAY PROCEEDINGS; VER: F; D

06/07/2012 OBJECTIONComment: OBJECTION DISCOVERY REQUESTS PRO SE; VER: F; D

06/07/2012 COPYComment: COPY GMAIL; VER: F; D


1 of 3 10/18/2012 1:03 PM

25

06/07/2012 REQUEST FOR:Comment: REQUEST FOR: STAY OF PROCEEDINGS AND PROTECTION/PRO SE; VER: F; D

06/07/2012 REQUEST FOR:Comment: REQUEST FOR: US CONGRESSIONAL REVIEW AND; VER: N; D

05/31/2012 DEF/RESP'S MOTION FOR SANCTIONSComment: DEFTS MOTION SANCTIONS; VER: F; D

05/31/2012 DEF/RESP'S MOTION TO STRIKEComment: MOTION STRIKE PLTFS REQUEST FOR SANCTIONS AND ATTY FEES AND; VER: F; D

05/31/2012 RESPONSEComment: RESPONSE TO MOTN COMPEL FACT INFO SHEET AND; VER: F; D

05/31/2012 OBJECTIONComment: OBJECTION TO DISCOVERY REQUESTS; VER: F; D

05/30/2012 REQUEST FOR:Comment: REQUEST FOR: CONGRESSIONAL REVIEW/STAY PROCEEDINGS/PRO SE-2; VER: F; D

05/30/2012 DEF/RESP'S MOTIONComment: MOTION FOR MISTRIAL AND NEW TRIAL PRO SE-2; VER: F; D

05/30/2012 REQUEST FOR:Comment: REQUEST FOR: REVIEW AND REQUEST FOR STAY PROCEEDINGS/PRO SE; VER: F; D

05/29/2012 DEF/RESP'S MOTIONComment: MOTION FOR MISTRIAL AND NEW TRIAL PRO SE; VER: F; D

05/29/2012 RESPONSEComment: PROTECTION FROM LEVY OF VEHICLE PENDING RESPONSE PRO SE-2; VER: F; D

05/29/2012 REQUEST FOR:Comment: REQUEST FOR: SENATORIAL REVIEW AND STAY OF PROCEEDINGS AND; VER: N; D

05/24/2012 PLTF/PET'S MOTIONComment: MOTION FOR MISTRIAL AND FOR NEW TRIAL PRO SE; VER: F; P

05/22/2012 FACT INFORMATION SHEETComment: FACT INFORMATION SHEET (COPY); VER: F; D

05/22/2012 NOTICE OF FILINGComment: NOTICE OF FILING COPY FACT INFO SHEET; VER: F; D

05/22/2012 OBJECTIONComment: OBJECTION TO DISCOVERY REQUESTS; VER: F; D

05/22/2012 DEF/RESP'S MOTION FOR SANCTIONSComment: AND DEFTS MOTION SANCTIONS; VER: F; D

05/22/2012 DEF/RESP'S MOTION TO STRIKEComment: DEFTS MOTION STRIKE PLTFS REQUEST FOR SANCTIONS/ATTY FEES; VER: F; D

05/22/2012 RESPONSEComment: RESPONSE TO PLTF MOTN COMPEL FACT INFO SHEET AND; VER: F; D

05/22/2012 CASE REOPENEDComment: REOPEN CASE/OTHER; VER: F; D

05/18/2012 CERTIFICATEComment: CERTIFICATE SERVING INTERROGATORIES; VER: F; P

05/18/2012 AMENDEDComment: AMENDED REQUEST PRODUCTION; VER: F; P

05/16/2012 CASE REOPENEDComment: REOPEN CASE/OTHER; VER: F; P

05/16/2012 REQUEST FOR PRODUCTIONComment: REQUEST FOR PRODUCTION; VER: F; P

05/16/2012 PLTF/PET'S MOTION TO COMPEL DISCOVERYComment: MOTION COMPEL DISCOVERY AND FOR SANCTIONS; VER: F; P

04/02/2012 JUDGMENTComment: ASTO COUNTERCLAIM SHALL TAKE NOTHING; VER: F; D

04/02/2012

FINAL JUDGMENTComment: FINAL JUDGMENT $139.47 PRIN $130. COSTS OR17538PG1655-001; VER: N; P

Vol./Book 17538, Page 1655, 001 pages04/02/2012 JUDGMENT (SRS DISPOSITION)

Comment: JUDGMENT; VER: F; P04/02/2012 ATTORNEY COVER LETTER

Comment: ATTORNEY COVER LETTER W/CORRECTED DAMAGES/COSTS; VER: F; P03/27/2012 EXHIBIT

Comment: EXHIBIT A; VER: F; P03/01/2012 WITNESS LIST

Comment: WITNESS LIST AND EVIDENCE LIST; VER: F; P03/01/2012 DEMAND

Comment: DEMAND DEFENDANT PRODUCE EVIDENCE IN COURT ON TRIAL DATE; VER: F; P02/20/2012 NOTICE OF SERVICE OF:

Comment: NOTICE OF SERVICE OF: SUBPOENA TO CRAIG D PARSONS; VER: F; P01/31/2012 NOTICE OF HEARING

Comment: NOTICE OF HEARING 021612 10:00; VER: F; D01/27/2012 RECEIVED BY COURT

Comment: RECEIVED BY COURT 012712; VER: F; D01/27/2012 AMENDED MOTION

Comment: AMENDED MOTION COMPEL EX PARTE PRO SE; VER: F; D01/26/2012 AMENDED MOTION

Comment: AMENDED MOTION STRIKE EX PARTE; VER: F; D


2 of 3 10/18/2012 1:03 PM

01/26/2012 AMENDED MOTIONComment: AMENDED MOTION COMPEL EX PARTE; VER: F; D

01/26/2012 PLTF/PET'S MOTION TO STRIKEComment: MOTION STRIKE CIVIL THEFT NOTICE PRO SE; VER: F; P

01/26/2012 DEF/RESP'S MOTION TO COMPELComment: MOTION TO COMPEL PRODUCE COPY OF RECEIPTS PRO SE; VER: F; D

01/25/2012 THIS CASE ASSIGNED BY CLERK TO SECTIONComment: CASE ASSIGNED SECTION 047 FROM SECTION NPC ICD; VER: N; P

01/24/2012 TEXTComment: 3/22/2012 1:00 PM 047 - MCNARY, MYRA S; VER: F; K

01/24/2012 PRE-TRIAL CONFERENCE ORDER-NOTICE OF TRIALComment: PRE-TRIAL CONFERENCE ORDER-NOTICE OF TRIAL; VER: F; K

01/24/2012 NON -JURY TRIALComment: NON JURY TRIAL; VER: N; K


01/12/2012 ANSWER OFComment: ANSWER OF: EUGENE P CASTAGLIUOLO TO COUNTERCLAIM; VER: F; P

01/03/2012 TEXTComment: 1/24/2012 @ 8:30 AM NPC MLD 011012 J/MCNARY; VER: F; K

01/03/2012 NOTICE OF CONTINUED PRETRIAL RE:Comment: NOTICE OF CONTINUED PRETRIAL RE: RESET PTC; VER: N; K

01/03/2012 COUNTER CLAIMComment: COUNTER CLAIM /BREACH OF CONTRACT PRO SE; VER: F; P


12/22/2011 ANSWER OFComment: ANSWER OF: TINA BEESLER RO SE; VER: F; D

12/02/2011 NOTICE RETURNED SERVEDComment: NOTICE RETURNED SERVED; VER: F; K

11/23/2011 NOTICE/STMT OF CLAIM-DEFT/Comment: NOTICE/STMT OF CLAIM-DEFT/PROCESS SERVER/JONES; VER: N; K

11/23/2011 NOTICE TO PLTF/PLTF ATTYComment: NOTICE TO PLTF/PLTF ATTY; VER: N; K

11/23/2011 PRE-TRIAL HEARING SETComment: PRE-TRIAL HRG SET: 010312 09:30A HON MYRA S MCNARY; VER: F; K


11/23/2011 Small Claims Filing - Fee PaidComment: SMALL CLAIMS FILING FEE PAID $80.00; VER: N; P

11/23/2011 STATEMENT OF CLAIMComment: STATEMENT OF CLAIM; VER: F; P

11/23/2011 THIS CASE ASSIGNED BY CLERK TO SECTIONComment: THIS CASE ASSIGNED BY CLERK TO SECTION NPC BY 2594 - RANDOM SC; VER: N; P

11/23/2011 CASE FILED11/23/2011 CASE FILED


3 of 3 10/18/2012 1:03 PM

UNOFFICIA

L COPY

26

Case Records Home New Civil Search Refine Search Location : Pinellas County HelpRecordCount: 9Search By: Party Exact Name: on Party Search Mode: Name Last Name: Castagliuolo First Name:eugene Case Status: All Sort By: Filed Date

Case Number Citation Number Style/Defendant Info Filed/Location/Judicial Officer Type/Status Charge(s)

97-003801-SC EUGENE PCASTAGLIUOLO vs.BOSSET PARTNERSMARKETING INC, etal

06/17/1997Section 48RUSHING, STEPHEN O

SMALL CLAIMSCLOSED

05-010789-FD EUGENE PCASTAGLIUOLO vs.EILEEN RCASTAGLIUOLO

08/26/2005Section 14ALLAN, LINDA R

DISSOLUTION OF MAREOPENED - OTHER

06-009704-SC EUGENE PESQUIRECASTAGLIUOLO vs.CONSTANCE AGUARNIERI, et al

11/16/2006Section 47McNARY, MYRA SCOT

SMALL CLAIMSCLOSED

07-004155-FD EUGENE PCASTAGLIUOLO vs.EILEEN RCASTAGLIUOLO

04/09/2007Section 14ALLAN, LINDA R

DISSOLUTION OF MAREOPENED - OTHER

07-004082-CI EUGENE PCASTAGLIUOLO vs.CONSTANCE AGUARNIERI, et al

05/01/2007Section 21SCHAEFER, JOHN A

OTHER CIVIL - CIRCUCLOSED

09-018650-CI BAC HOME LOANSSERVICING L P vs.EILEEN RCASTAGLIUOLO, etal

10/23/2009Section 7BOYER, BRUCE

MORTGAGE FORECLREOPENED - OTHER

11-006560-SC EUGENE PCASTAGLIUOLO vs.TINA BEESLER


SMALL CLAIMSREOPENED - OTHER

11-007176-SC EUGENE PCASTAGLIUOLO vs.JACKSON KHILLIARD

12/14/2011Section 48CARASSAS, JOHN

SMALL CLAIMSCLOSED

12-001110-CO EUGENE PCASTAGLIUOLO vs.JACKSON KHILLIARD


OTHER CIVIL - COUNTCLOSED

https://ccmspa.pinellascounty.org/PublicAccess/Search.aspx?ID=400&No...

1 of 1 10/18/2012 12:58 PM

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CASTAGIlOOIO lAV(:$IiOop, P. A. . 801 West Bay Drive (727) 712-3333 ,Suite 301' " Larg'o, FL 33710

August 30, 2012

T.heodore P. Littlewood" Jr., Bar Counsel Attorney Consumer Assistance Program THE FLORIDA BAR ' 651 East Jefferson S,treet Tallahassee, F~ 32399-2300

RE: Complaint by Nell J. Gillespie T.he Florida Bar File No. 2013-10~162 (6D)

Dear Mr. Ljttlewood:

This .is my response to the nonsensical complaint filed against me by my former ·cli~nt, Neil J. Gillespie. c

Gillespie is "on the go.vemment dole~· perhaps wrongfully (more about this later in this ,letter). He has all of his waking hours to file complaints. I do n~t. Tf1erefore, I will express my re~pohse chiefly in terms of my exhibits, which are all self-exp.lanatory, with pertinent parts underlined on each. 'as follows:

, ..~,~~.

EXHIBIT A: On or about August 11, 2012, Gillespie filed this Florida Bat complaint against me. In ~is complr;lint,. he expresses his ~dissatisfaction with the legal ~ounsel.1 provided to h,im whUe., at a dep'osition which took place' on June 21, .2011, nearly 14 full months'previously III ! But if you examine the e-m.ail.~arkedas "Exhibit A;8 which wa~ sent to me by Gillespie! at 6:33 PM on June 21, 2011, you will see just how unhappy Gillespie was on the evening! of the deposition. ' '. . !

EXHIBIT B: ~iIIeSPie sent me the e-mail marked as "Exhibit B" on Ju~e 22, 2011 (the day fOllOWing! ttie deposition). In It, he thanked me again for my efforts, not just once, but twice. Also; In this e-mail are his promises to provide m~ with additional compensation for services 1·

already rendered. In hindsight, I now realize that Gillespie never intended to pay me any! additional money; he merely us~d the promise of more money to keep me answeriri'g his; Incessant, inane telephone calls. This:e-l't:Iaii also contains the words U[s]e.eyou July 1st,II i and upS. I plan to honor our fin.ancial ag~eemerit JUly 1," two explicit references to his 1.

promises to come to my office on July 1, 2011 to pay me additio'nal monies. ~: WhY.l would an unhappy ~lient thank me for my efforts and agree' to pay me additions'l fees? :

EXHIBIT C:' In or around ~uly 2011, Gillespie sent,rne·s gift-wrapped.CD, with Y$t another "thank you·i in the form of a hand-written note. 'His IitigiQus··nat~r~ is demon-strafed, by his URL withl ·the words ·YouSue.org-. [I have no Idea what the CD is, to this day I haven't opened ~.]i

!

EXHIBIT D: Again, in'or around July 2011, Gillespie sent me another present, this time. a gift-wrapped; .book. With the book came another hand-wriUen 'hanks again" and "token ofl appreciatiQn" note. !

Page 1(pf 3) 'I'~:.: 28

· ,

, EXHIBIT E: Exhibit 'IE" provides the precise reason for Gillespie filing this grievance against m~. '1 ~ent the a-mail marked as "Exhibit E- to Gillespie on July 25, 2012. I sa·nt·it immediately after learning that Gillespie had recorded.and published a private telephone discussi~n between me and him on June 14, 2011. Before this July 25th e-mail, the last previous e-mail I sent to Gillespie was dated August 12, 2011; his last correspondence ~o me was .dated August 4, 2011. Clearly,. Gillespie's. Florida Bar"complalnt against me is motl~atedsolely by this July 2~ fHIiall~ In which I reveal that I've caught him with h'ls hand In t~e cookie 'arof Florida's wiretap statu._ For some obscure reason, Gillespie is fanatical about recording telephone conversations, and knowing this, I was always quite clear to him that I did not bonae" to'be r corded under an circumstances.

"EXHIBIT F: This is th~ actual first page of the itranspript which Gillespie illegally recorded and published. This document illustr~tes how a liar can get tripped up in his own machinations: Gille§lJie placed this' te/eph'one call to ME, J did 'not call HIM III I answered hi.s call to me by stating my ~.ame, which is,my habit. So why'would Gillespie's "autom~~ed answering machine" kick 0n? And even if it ~id, why W9uld I keep speaking as if I didn't hear the warning which I·~ad told him I find unacceptable and repugnant? Michael ~. Borseth, the transcriptionist/collrt reporter who transcribed the telephone conversa~ion, advised me that Gillespie had instructed him to place this "mini-Miranda" of sorts at the start of ~ach transcript, without regard to whether It was a~tually part of the recording. [I hav~ demand~d that Gillespie provide me with the audio from that telephone conversation, but of course, as could be expected, he has not provided me with :that "smoking gun.-] .

EXHIBIT G: .Two years ago ,this month, attorney Robert W. Bauer was Gillespie"s target, as I am n.ow. HIS complaint response letter, which I found on Gillespie's ridiculous website, is t~lIlng, and speaks for itself. What Gillespie did to this p09r guy should be a cautionary mustread ~or all lawyers.

Mr. Littlewood, G'illespie Is well· known to your Office as a '''complainant.- 'Indeed. he' IS a "professional complainant" who gives new meaning to the .phrase ·useless human being.· His modus operandi is to ingratiate himself to abusy, 'hard-working, kind-hearted lawyer (Ii~e"me or Mr. Bauer and' probably others I don't know'about). He does' so by representing himself as' a poorl downtrod~en', misunderstood. mistreated, disabled, handicapped victim. Then, after th~ lawyer works .for him· f~r virtually pennies .p~r,hour,· .Mr. "Gillespie rewards that. ~ffo~ bY..filing· a lawsuit or a ·"ar,grievance· against that lawyer. .

It is my humble opinion that Gillespie .Is anything but a victim, but rathe~, he is a human parasite, con man, bully, consummate actor, and pathological liar. He actiJaily believes the nonsense 'he says ,and writes.· H~s entire. reason for being is to ·work the system" by using his -invisible disa·bilities~· to his strategic advantage,; Forget about caring for ·a spouse, significant other, children. and/or famUy. Evi~ently., his life has:'none of these ,dist~actlons, so as long as he has a computer, the internet, a printer,. and a, telephone voice recorder; Gillespie will.be out there creating strife and havoc·. ", '

Whafs sad ;is:th(ithe can~t even claim ·to be successful at "working the system" to his ,advantage. He seemingly has gaine~ nothing by his efforts, other. than. the perverted, sadistic joy he cle.arty reoeives' by causing (or trying to c~u.se) mise~ and,all sorts of problems for judges and lawye~s. It ,is my personal opinion that he is not (Jisabled at all, for if he, had the.cognitive and neurological deficits he,claims to 'have, he would be.incapable of generating the reams and reams .an.d reams of. paper whictl he spews out in the form of endl.ess motions, complaints, exhibits, etc. Gillespie has.cast himself a~ ~ pro.fe~sional victim. and has turned his"pseudo-victim status into an art form. If he put as 'much effort Into a job as he'has into filing lawsuits and complaints, he l'!1ay actually serve a function in society.

Page 2 (of 3)

In whatever spare time I have, I intend to appeal to the government agency respol1slble for using my tax dollars to support Gillespie. My question to them will be: How can GiUesple be "handicappedor .cdisabled", and unable to hold a .job,. yet at the same time, be perfectly capable of typing at his computer for what must be 15 to 20 hours per day, 7 days per week? Take a look at what he's produced, Mr./Ms.lnsp~ctor General of the ,Social Security Administration" and t~1I me: Is this the.work of a handi~apped, dis~led individual? Or have you been duped? Perhaps it's iime to audit Gillespie's

. _..... . case.

My opposing counsel at Gillespie's deposition was Ryan.Christopher Gehris" Rodems. Chris once remarked to me, unsolicited,. that he would be happy to speak to The Florida Bar on my behalf if Gillespie grieved me the way he .did Bob Bauer. Evidently, Mr. Rodems knew Gillespie better than I did, and he expected Gillespie to grieve me. I will copy Chris on this letter just in case you may wish to speak to him about my attitude, demeanor, preparation', and performance at the deposition held on June 21, 201'1.

Mr. Littlewood. IfGillespie hada legitimate camp!s/", about the services I D~ovlded to hI,,:, in June 20.11, why did it ta~e hi~ spme 13·14 months to ·flle this grle~ance.? I think your investigation Will'reveal that Gillespie's complaint, much like Gillespie himself, is completely devoid of merit. ~illespie filed this concocted grievance merely as a ·preemptive strike" in anticipation of my lawsuit against him for his, flagrant violation of Florida's Wiretapping statute. It shou"d be noted that Florida 'Statute 934.27(3) states 'in pertinent par:t Min no 'case shall a plaintiffentitled to recover be Bwarded./ess than $1,000. n Gillespie's probably reCorded many, many other innocent victims Who were without knowledge that they were being recorded, and so his potential liability is substantial. .

U·NDER PENALTIES OF PERJURY, I DECLARE THAT THE FOREGOI:NG FACTS ARE TRUE, CORRECT AND COMPLETE.

Very truly yours,


Enclosures'

cc: Gillespie (by e:..mail) Robert W. Bauer, Esquire (bye-mail) Ry.an .. qhristop~er Rodems, Esquire (by ·e-mail) ,

.<?trice of the :~nspector ~ene~al, Social Security Di~ability Administra~ion,. (~Y regular ~. S.',Mail)

Page 3 (of 3)

further rebuttal to castagliuolo tfb no. 2013-10,162 (6d), rule 3-5.2

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