notice in appellate case no. 2d10-5197, july-31-2014

8/12/2019 Notice in Appellate Case No. 2D10-5197, July-31-2014

1/12

VIA UPS No. 1Z64589FP292212119 July 31, 2014

Tami McCarroll, Chief Deputy Clerk

The Second District Court of Appeal

1005 E. Memorial Blvd. RE: Appellate Case No. 2D10-5197

Lakeland, FL 33801 lower tribunal no. 05-CA-7205

Dear Chief Deputy Clerk McCarroll:

Please find enclosed my Notice in Appellate Case No. 2D10-5197.

Thank you for your consideration.

Sincerely,

Neil J. Gillespie

8092 SW 115th Loop

Ocala, Florida 34481

Telephone: (352) 854-7807

Email: [email protected]

Enclosures

cc: Hon. Pat Frank, Clerk of Circuit Court, Hillsborough County, Florida

Ryan Christopher Rodems, Morgan & Morgan, P.A.


2/12

SECOND DISTRICT COURT OF APPEAL

STATE OF FLORIDA

NEIL J. GILLESPIE

Plaintiff/Counter Defendant, Appellate Case: 2D10-5197

Lower Tribunal Case: 05-CA-7205vs.

BARKER, RODEMS & COOK, P.A. and

WILLIAM J. COOK,

Defendants/Counter Plaintiffs.

________________________________________/

NOTICE

1. Applicant Neil J. Gillespie files this Notice as a caveat in the first person, and states:

2. I received this Courts Order dated July 22, 2014 that states, (enclosed)

The appellees may respond to the appellant's amended application for order within 10

days of the present order.

This procedure is different from what the Supreme Court established in Case No. SC11-858 and

Case No. SC11-1622 for Rule 2.430(g), Fla.R.Jud.Admin. In those two cases, the Supreme Court

entered Orders (enclosed) in each case February 11, 2014 that state in relevant part,

All parties have twenty days from the date of this order to submit, in writing, any

objection to Petitioner's request. Any objection submitted must also be served on all other

parties; the parties who are served with objections have fifteen days to respond.

3. If the appellees do not respond to my amended application for order, this Notice will

become moot. If the appellees or another party responds to my amended application for order,

then I move for fifteen (15) days to respond.

RESPECFULLY SUBMITTED July 31, 2014.

Neil J. Gillespie, applicant pro se

8092 SW 115th Loop


Telephone: (352) 854-7807

Served per the attached Service List


3/12

Certificate of Service

I certify that the enclosed NOTICE in Case No. 2D10-5197 was served today July 31, 2014

as indicated below.

Tami McCarroll, Chief Deputy Clerk

Second District Court of Appeal

1005 E. Memorial Blvd.

Lakeland, FL 33801

Email: [email protected]

VIA U.P.S. No. 1Z64589FP292212119

Hon. Pat Frank, Clerk of Circuit Court

Hillsborough County, Florida

County Center

601 E. Kennedy Blvd.Tampa, FL 33602-4156

VIA U.P.S. No. 1Z64589FP292972129

Ryan Christopher Rodems

Morgan & Morgan, P.A.

20 N Orange Ave.

Orlando, Florida 32801-2414

VIA U.P.S. No. 1Z64589FP290138534

RESPECTFULLY SUBMITTED July 31, 2014.

Neil J. Gillespie, Applicant pro se

8092 SW 115th Loop


Telephone: (352) 854-7807


4/12

IN THE DISTRICT COURT

OF

APPEAL

OF

THE STATE

OF

FLORIDA

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

July

22 2014

CASE NO.: 2D10-5197

L.T.

No.

: 05-CA-7205

Neil J. Gillespie

v. Barker, Rodems

&

Cook,

P. A. &

William

J.

Cook

Appellant Petitioner(s),

Appellee / Respondent(s).

BY ORDER

OF

THE COURT:

The appellees may respond to the appellant's amended application for order

within 10 days of the present order.

I HEREBY CERTIFY that the foregoing is a true copy

of

the original court order.

Served:

Ryan Christopher Rodems, Esq. Neil

J.

Gillespie

Pat Frank, Clerk

ec


5/12

~ u r t t

C Court of

jflorfba

TUESDAY, FEBRUARY 11 2014

CASE NO.: SCII-1622

Lower Tribunal No(s).: 2DIO-5197;

05-CA-7205

NEIL

J

GILLESPIE

vs. BARKER, RODEMS COOK,

ETAL.

Petitioner(s)

Respondent(s)

Petitioner's withdrawal of motions for surrender of files is hereby

acknowledged.

Petitioner has filed an Application for Order on September 30, 2013,

requesting that the file for this case, in lieu

of destruction, be released to him

subsequent to the Court's retention timeline requirement, in compliance with Fla R

Jud Admin 2.430(g). Petitioner's request is attached as Appendix

A

All parties

have twenty days from the date

of

this order to submit, in writing, any objection to

Petitioner's request. Any objection submitted must also be served on all other


A True Copy

Test:

~ o m i n o

Clerk, Supretne Court

ab

Served:

RYAN CHRISTOPHER RODEMS

NEIL J GILLESPIE

HON. PAT FRANK, CLERK

HON. JAMES BIRKHOLD, CLERK


6/12

SUPREME COURT OF FLORIDA

STATE

OF

FLORIDA

NEIL J. GILLESPIE

Plaintiff/Counter Defendant,

Case: SCII-1622

Lower Tribunal: 05-CA-7205

vs.

BARKER, RODEMS

&

COOK, P.A. and

WILLIAM J. COOK,


/

APPLICATION FOR ORDER

Applicant Neil J. Gillespie (hereinafter "Applicant"), reluctantly appearing pro se

due

to

indigence and/or insolvency, here

in

the first person, applies to the Supreme Court

of

Florida

pursuant to Rule 2.430(g), Fla.R.Jud.Admin.,

for an

Order requiring the Clerk

to

deliver

to

the

Applicant the court records in Case:

SC

11-1622 that are to be destroyed or disposed

of

Rule 2.430(g), Fla.R.Jud.Admin.:

g) Disposition ther Than Destruction. Before destruction or

disposition

of

court records under this rule, any person may apply

to

the court for

an order requiring the clerk to deliver to the applicant the court records that are to

be destroyed or disposed ot: All parties shall be given notice of the application.

The court shall dispose of that court record

as

appropriate.

No

paTty,

person or entity other than

me

filed anything in the case.

All parties shown

on

the certificate

of

service were provided a copy

of

this application.

RESPECFULLY SUBMITTED September 27,2013.


7/12

Certificate o Service

I certify that the Application For Order in Case No. SC 11-1622 in the Florida Supreme

Court was provided September 27, 2013 to:

HON. THOMAS D. HALL

Office o the Clerk

Supreme Court o Florida

500 South Duval Street

Tal1ahassee, Florida 32399

VIA

V P S

No. IZ64589FP290801254

I certify that a copy hereof has been furnished to each

o

the following:

HON. JAMES BIRKHOLD

Clerk

o the Second District Court

o

Appeal

1005 E. Memorial Blvd.

Lakeland, FL 33801

VIA V P S No. lZ64589FP293714825

HON. PAT FRANK, Clerk o Circuit Court

County Center

601

E. Kennedy Blvd.

Tampa, FL 33602

VIA

V P S No. lZ64589FP291209232


Barker, Rodems & Cook, P.A.

501 E Kennedy Blvd. Suite 790

Tampa, Florida 33602-5258

VIA

V P S

No.

1Z64589FP290 126047

RESPECTFULLY SUBMITTED September 27,2013.


8/12

.

I

~ u p r t m t ctourt of jflortba

MONDAY, MARCH

12,

2012

2213SEP3

P

1=29

CASE NO.:

SC

11-1622

Lower Tribunal No(s).: 2DI o 97,

OS-CA- 7 P ; 2 0 m s ~ - - - - - -

NEIL J. GILLESPIE

vs.

BARKER, RODEMS

COOK, ET AL.

Petitioner(s)

Respondent(s)

The petitioner has filed a petition for writ of mandamus with the Court.

To

the

extent the petitioner seeks a writ

of

mandamus directed towards the district

court, the petition is denied because a writ of mandamus cannot be issued

to

direct

the

manner

in

which a court shall act

in

the lawful exercise

of its

jurisdiction. State

ex

reI.

North St. Lucie River Drainage Dis!. v. Kanner, 11 So. 2d 889, 890 (Fla.

1943); see also Migliore v. City of Lauderhill, 415 So. 2d 62,

63 (Fla.

4th DCA

1982)

(stating that

ma:ndamus "is

not an appropriate vehicle for review of a merely

erroneous decision nor

is

it proper

to

mandate the doing (or undoing) of a

discretionary act"), approved,

431

So.

2d 986 (Fla. 1983). To the extent the

petitioner seeks any additional relief, the petition is dismissed as facially

insufficient.

PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.

A

True

Copy

Test:

~ l f , I / L

Clerlc

lt

Sliprellle

~ t u t

kb

Served:

NEIL J GILLESPIE /

RY

AN CHRISTOPHER RODEMS


HON. JAMES BIRKHOLD, CLERK


9/12

~ u r t t ourt of jflorfba

TUESDAY, FEBRUARY 11 2014

CASE NO.: SC11-858

Lower Tribunal No(s).: 05-CA-007205

NEIL J. GILLESPIE

vs. BARKER, RODEMS & COOK,

P.A., ET AL.

Petitioner(s)

Respondent(s)

Petitioner's withdrawal of motions for surrender of files is hereby

acknowledged.

Petitioner has filed an Application for Order on September 30 2013

requesting that the file for this case, in lieu

of

destruction, be released to him

subsequent to the Court's retention timeline requirement, in compliance with Fla R

Jud Admin 2.430(g). Petitioner's request is attached as Appendix A. All parties

have twenty days from the date of this order to submit, in writing, any objection to

Petitioner's request. Any objection submitted must also

be

served on all other


A True Copy

Test:

ab

Served:

RYAN CHRISTOPHER RODEMS

NEIL

J.

GILLESPIE


DAVID A. ROWLAND

HON. JAMES D. ARNOLD, JUDGE


10/12

SUPREME COURT OF FLORIDA

STATE

OF FLORIDA

NEIL J.

GILLESPIE

Plaintiff/Counter Defendant,

Case: SCI 1-858

Lower Tribunal: 05-CA-7205

vs.

BARKER,

RODEMS

& COOK, P.A.

and

WILLIAM

J.

COOK,


/

APPLICATION FOR ORDER

Applicant Neil J. Gillespie (hereinafter Applicant ), reluctantly appearing pro se due to

indigence and/or insolvency, here

in

the first person, applies

to

the Supreme Court

of

Florida

pursuant

to

Rule 2.430(g), Fla.R.Jud.Admin.,

for an

Order requiring the Clerk to deliver to

the

Applicant the court records in Case:

Sell 8S8

that

are to

be destroyed or disposed

of

Rule 2.430(g), Fla.R.Jud.Admin.:

g) Disposition Other Than Destruction. Before destruction or

disposition of court records under this rule,

any

person may apply

to

the court for

an

order requiring the clerk

to

deliver

to

the applicant the court records that are

to

be destroyed or disposed

of:

All parties shall be given notice of the application.

The court shall dispose

of

that court record

as

appropriate.

No party, person or entity other than

me

filed anything in the case.

All parties shown

on

the certificate

of

service were provided a copy

of

this application.

RESPECFULLY SUBMITTED September 27,2013.


11/12

Certificate

of

Service

I certify that the Application For Order in Case No SC 11-858 in the Florida Supreme

Court was provided September 27, 2013

to:

HON. THOMAS

D

HALL

Office

of

the Clerk

Supreme Court

of

Florida

500 South Duval Street

Tallahassee, Florida 32399

VIA V P S No IZ64589FP290801254

I

certify that a copy

hereof has

been furnished to each of

the

following:

HON

PAT FRANK, Clerk

of

Circuit Court

David

A

Rowland, General Counsel

County Center Thirteenth Judicial Circuit

f

Florida

601 E

Kennedy

Blvd

800

E

Twiggs Street, Suite

603

Tampa, FL 33602 Tampa, Florida 33602

VIA V P S No IZ64589FP291209232 VIA V P S No lZ64589FP293610866

HON JAMES

D

ARNOLD, JUDGE


800

E

Twiggs St., Room 514 Barker, Rodems

&

Cook, P.A.

Tampa, Florida 33602 SOl E

Kennedy Blvd. Suite 790

VIA

V P S No. IZ64589FP294570872 Tampa, Florida 33602-5258

VIA

V P S No

IZ64589FP290126047

RESPECTFULLY

SUBMITTED September 27, 2013.


12/12

~ u p r t m t

Q ourt

of

jflortba

WEDNESDAY, MAY 18

2011

CASE NO.:

sell 8S8 : ; : c i ~ { \

Si J?I\[hi ::

l; JURT

Lower Tribunal No s).: 0 t ~ f 0 0 7 2 0 5

NEIL J. GILLESPIE

vs.

BARKER, RODEMS

COOK, P.A., ET

AL.

Petitioner s)

Respondent s)

The petition for writ of habeas corpus is hereby denied.

PARIENTE LEWIS, QUINCE, POLSTON, and PERRY,

JJ.,

concur.

A True

Copy

Test:

~ ~ t M

l tnas D.

HaJI

Clerk, Silprellle

COlut

ab

Served:

DA VIn A. ROWLAND

NEIL J.

GILLESPIE

RY

AN CHRISTOPHER RODEMS


HON. JAMES D.

ARNOLD, JUDGE

notice in appellate case no. 2d10-5197, july-31-2014

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