Further Rebuttal To Castagliuolo TFB No. 2013-10,162 (6D), Rule 3-5.2

Via Email: tlittlew@flabar.
org, 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 Counsel
RE: 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 opening
sentence: Upon information and belief, Eugene P. Castagliuolo is mentally ill and should not be
practicing law. In his response dated August 30, 2012 Mr. Castagliuolo did not deny or
otherwise address his admission of mental illness made June 14, 2011:
You know, I don't make any judgments about people based on what their mental
problems are. Because if you -- if you're going to measure people by that yardstick then
I'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 reasonable
person to conclude that he is mentally ill, and that his continuing conduct is or is likely to cause
immediate 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 demonstrating
facts personally known to the affiants that, if unrebutted, would establish clearly and
convincingly that an attorney appears to be causing great public harm, the Supreme Court
of 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-14-2011
Closed, 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-31-2012
Closed 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. The
complaint alleges Mr. Castagliuolo met for the first time Mr. Hilliard September 13, 2011 at a
BNI, 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
Eugene P. Castagliuolo, TFB File No. 2013-10,162 (6D) October 18, 2012
Page - 2
member of the Florida Bar. The gist of Hilliards dispute with Mr. Ellzey was that Hilliard 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 (22). The Complaint alleges Plaintiff never
expected to be paid for the initial, brief, casual discussions he had with Defendant regarding his
legal problem with Mr. Ellzey. (28). The Complaint alleges 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. (29). On or about November
25,2011, Plaintiff Furnished Defendant with the invoice that is attached hereto and incorporated
herein as Exhibit "B." (33). The invoice demands $769.17. (34). 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." (35). Mr. Castagliuolo made a number of further
assertions, and demanded in the prayer for relief 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; reasonable attorneys fees, costs, and other relief.
Exhibit 4. March 16, 2012, Plaintiffs Motion for Judgment on the Pleadings.
Exhibit 5. March 20, 2012, Plaintiffs Motion for Default for Failure to Defend
Exhibit 6. March 21, 2012, Answer by Mr. Hilliard appearing pro se. The Answer makes
admissions 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 of
Professional Conduct 4-1.4(c) and (e). (22). The Answer alleges Castagliuolo violated Florida
Rules of Professional Conduct 4-1.18 (b) and 4-1.4(c), (e). (25). The Answer alleges
Castagliuolo committed a fraud upon the court (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. (29).
Exhibit 7. April 2, 2012, Defendants Motion to Dismiss, Failure to State Cause of Action.
Exhibit 8. April 10, 2012, Plaintiffs Amended Complaint. Exhibit C to the Amended
Complaint is an invoice showing a charge for E-mail to Jackson with sample Civil Theft
Notices attached. Mr. Castagliuolo sent me an improper Civil Theft Notice July 5, 2011.
Exhibit 9. April 19, 2012, Judge Myra McNary dismissed Mr. Castagliuolos complaint
without prejudice with ten (10) days to file an amended complaint. Order Granting Defendants
Motion 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. Castagliuolos complaint
without prejudice with ten (10) days to file an amended complaint, see Order Granting
Defendants Motion To Dismiss For Failure To State A Cause Of Action Upon Which Relief
Can Be Granted
Page - 3
Exhibit 11. April 25, 2012, Mr. Castagliuolos fax letter to Judge McNary complaining
about Mr. Hilliard's new attorney, Lee Segal, accused him of stonewalling.
Exhibit 12. May 18, 2012, Plaintiffs Motion To Find Defendant in Contempt, Sanctions.
SUPREME COURT OF NEW JERSEY
Attorney 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 New
Jersey, entered Attorney Ineligibility Order Pursuant to Rule 1:28-2(a). Mr. Castagliuolos name
appears 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 of
the Order, and page 67, appears as Exhibit 13. Mr. Castagliuolo was admitted June 1, 1989 to
practice law in New Jersey, NJ Attorney ID : 000161989.
Mr. Castagliuolo executed a Declaration of Domicile September 5, 1995, in accordance and in
conformity with Chapter 222, Section 222.17, Florida Statutes, and swore that he was formerly a
legal resident of Marlton, New Jersey and resided at 245 Foxwood Lane, and changed his
domicile and has been a bona fide resident of the State of Florida since September 1, 1995 and
resided 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 a
former 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 located
at 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 and
conveyed title to his home at 2138 N Bay Hills Blvd., Safety Harbor, Florida 34695 from Eugene
P. 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 Real
Property filed with the Pinellas County Clerk for his home at 2138 N Bay Hills Blvd., Safety
Harbor, Florida 34695. Affiant EUGENE P. CASTAGLIUOLO waives ANY and ALL interest
by 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 of
Pinellas 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. Castagliuolos defaulted mortgage was assigned to Bank
of 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. is
closed, 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 and
attendance at deposition, the date of which has yet to be determined. (Exhibit 3 Bar complaint).
Exhibit 23. Mr. Castagliuolos business address in the Florida Bar directory currently
shows 801 West Bay Drive, Suite 301, Largo, Florida 33770. This address may not be a
functioning 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 Real
Property filed with the Pinellas County Clerk for his home at 2138 N Bay Hills Blvd., Safety
Harbor, Florida 34695. Affiant EUGENE P. CASTAGLIUOLO waives ANY and ALL interest
by virtue of Final Judgment of Dissolution of Marriage and Marital Settlement Agreement in
Court case #: 07-155-FD-14 and recorded in O.R. 15901, Page 879 all of the-public records of
Pinellas County Florida.
Exhibit 24. When I initially spoke with Mr. Castagliuolo June 3, 2011 we had this odd
exchange: Transcript, June 3, 2011, page 5
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 that
11 we're going to get together today?
12 MR. GILLESPIE: I'll get in my car and drive
13 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 have
17 a pretty booked up day, I look like a trashman.
18 I'm wearing shorts, I didn't shave because I had
19 a --
20 MR. GILLESPIE: As long as you're not naked, I
21 don't care.
It appears that the reason Mr. Castagliuolo looked like a trashman was due to the difficulty in
maintaining personal hygiene while being homeless. In the past I was homeless and can so attest
to 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 Tina
Beesler, plus $130 court costs, $269.47 total.
Eugene P. Castagliuolo - All Civil Cases in Pinellas County
Exhibit 27. October 18, 2012. List of Mr. Castagliuolos civil cases in Pinellas Co.
Mr. Castagliuolos Failure: Bar Rule 4-8.3 Reporting Professional Misconduct
Mr. Castagliuolo failed to report Mr. Rodems misconduct as required under Rule 4-8.3
Reporting Professional Misconduct: (a) Reporting Misconduct of Other Lawyers. A lawyer who
knows that another lawyer has committed a violation of the Rules of Professional Conduct that
raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in
other respects shall inform the appropriate professional authority.
Mr. Castagliuolo failed to report Mr. Rodems failure to cooperate, and failure to provide a copy
of 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 Bars discipline
process. Mr. Castagliuolo admitted in his written response August 30, 2012 that Mr. Rodems
made 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 Florida
Bar 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 center
of this matter. Mr. Castagliuolo failed to report Rodems misconduct.
Page - 6
Mr. Castagliuolos Improper Efforts to Disrupt My Disability Income
Continuing conduct likely to cause immediate and serious injury to clients or the public
Exhibit 28. Mr. Castagliuolos response dated August 30, 2012 to my Bar complaint
makes a number of gratuitous personal insults and false accusations against me related to
disability. I denied Mr. Castagliuolos assertions in my rebuttal of September 14, 2012, and
suggest this is further evidence of misconduct. Moreover, since Castagliuolo repeated his threat
again in a letter to the Bar September 19, 2012, I believe that his continuing conduct is or is
likely to cause immediate and serious injury to clients or the public, including me personally.
According to his August 30, 2012 response, Mr. Castagliuolos false accusations go beyond the
scope of this Bar inquiry. Castagliuolo indicated that he sent a copy of his Bar response to the
Office of the Inspector General, Social Security Disability Administration. Social Security
disability is my only source of income, and Mr. Castagliuolo is wrongfully attempting to disrupt
my benefits through the Bar complaint process, for which the complaint process is not intended.
Mr. Castagliuolos conduct is a violation of Bar Rule 4-8.4(d) A lawyer shall not engage in
conduct 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 discriminate
against litigantson any basis, including, but not limited to disability..
Exhibit 29. Mr. Castagliuolos letter dated September 19, 2012. As I wrote before,
Castagliuolos 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.
Mr. Castagliuolos continuing conduct is based on spite and personal revenge. The manner in
which 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 though
he 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 that
he is mentally ill, and that his continuing conduct is or is likely to cause immediate and serious
injury to clients or the public, including me personally. In my rebuttal September 14, 2012 I
wrote, It does not appear that he can assist himself, let alone clients. If another attorney had
submitted that response on behalf of Mr. Castagliuolo, Im pretty sure it would be malpractice..
Page - 7
Mr. Castagliuolos lawsuit against attorney Jackson K. Hilliard proves my point: He was unable
to state a cause of action. Judge McNary found Castagliuolo failed to state a cause of action upon
which relief could be granted. Mr. Hilliard alleged that Castagliuolo violated number of a Florida
Rules of Professional Conduct. Mr. Castagliuolo moved to hold in contempt Mr. Hilliard's new
attorney, Lee Segal, and accused him of stonewalling. And Mr. Castagliuolos amended
complaint shows at Exhibit C an invoice showing a charge for sending E-mail to Jackson with
sample Civil Theft Notices attached.
In my rebuttal September 14, 2012 I wrote I complained about Castagliuolos improper use of a
Civil Theft Notice: Mr. Castagliuolo failed to answer why he repeatedly falsely accused me of
criminal 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., and
section 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 against
you has been perfected. Again, attorney Riggins advised Castagliuolos threat was not
legitimate.
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 Mortgage
Forgiveness Debt Relief Act of 2007 does not apply to Mr. Castagliuolo to exclude income from
the discharge of debt on his principal residence. On March 11, 2011, Mr. Castagliuolo executed
Disclaimer of Interest In Real Property filed with the Pinellas County Clerk for his home at 2138
N Bay Hills Blvd., Safety Harbor, Florida.
Mr. Castagliuolo is estranged from his wife, and perhaps his family. This mans life is spinning
out of control. The Bar must act to protect me and the public. Under penalties of perjury, I
declare that the foregoing facts are true, correct and complete. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Enclosures. Note, due to time constraints I was not able to make an Appendix listing the
Exhibits. 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 Plaintiffs Motion for Judgment on the Pleadings, Castagliuolo v. Hilliard 12-001110-CO
Exhibit 5 Plaintiffs Motion for Default for Failure to Defend, Castagliuolo v. Hilliard 12-001110-CO
Exhibit 6 Defendants Answer, Castagliuolo v. Hilliard 12-001110-CO, Pinellas Co., Florida
Exhibit 7 Defendants Motion to Dismiss, Failure to State Cause, Castagliuolo v. Hilliard 12-001110-CO
Exhibit 8 Plaintiffs Amended Complaint, Castagliuolo v. Hilliard 12-001110-CO
Exhibit 9 Order Granting Defendants Motion to Dismiss, Castagliuolo v. Hilliard 12-001110-CO (Apr-19)
Exhibit 10 Order Granting Defendants 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 Plaintiffs 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 UMMARY
CASE NO. 11-007176-SC
EUGENE P CASTAGLIUOLO vs. JACKSON K HILLIARD
Case Type: SMALL CLAIMS

Date Filed: 12/14/2011
Location: Section 48
Judicial Officer: CARASSAS, JOHN
UNIFORM CASE NUMBER: 522011SC007176XXSCSC
PARTY INFORMATION
Attorneys
DEFENDANT HILLIARD, JACKSON K
13059 W LINEBAUGH AVE STE 102
TAMPA, FL 33626

PLAINTIFF CASTAGLIUOLO, EUGENE P EUGENE P CASTAGLIUOLO
Retained
801 WEST BAY DRIVE
SUITE 301
LARGO, 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

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

ATTORNEY COVER LETTER
Comment: ATTORNEY COVER LETTER; VER: F; P
01/11/2012

THIS CASE ASSIGNED BY CLERK TO SECTION
Comment: CASE ASSIGNED SECTION 048 FROM SECTION NPC ICD; VER: N; P
01/10/2012

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

ORDER GRANTING
Comment: 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

TEXT
Comment: - 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 DISMISS
Comment: MOTION DISMISS; VER: F; D
01/09/2012

ANSWER OF
Comment: ANSWER OF: JACKSON K HILLIARD AND; VER: F; D
12/21/2011

NOTICE RETURNED SERVED
Comment: 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 ATTY
Comment: NOTICE TO PLTF/PLTF ATTY; VER: N; K
12/15/2011

PRE-TRIAL HEARING SET
Comment: 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 Paid
Comment: SMALL CLAIMS FILING FEE PAID $175.00; VER: N; P
12/14/2011

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

Comment: 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 UMMARY
CASE NO. 12-001110-CO
EUGENE P CASTAGLIUOLO vs. JACKSON K HILLIARD
Case Type: OTHER CIVIL - COUNTY

Judicial Officer: McNARY, MYRA SCOTT
UNIFORM CASE NUMBER: 522012CC001110XXCOCO
PARTY INFORMATION
Attorneys
DEFENDANT HILLIARD, JACKSON K LIOR SEGAL
Retained
13575 58TH ST NO
SUITE 140
CLEARWATER, FL 33760
727-824-5775(W)

Retained
801 WEST BAY DRIVE
SUITE 301
LARGO, FL 33770
727-712-3333(W)
10/15/2012 ATTORNEY COVER LETTER
10/15/2012 DISMISSED/SETTLEMENT AFTER HRG (SRS DISPO)
10/15/2012

JOINT STIP/ORDER
AND
10/15/2012

ORDER OF DISMISSAL
W/PREJUDICE
09/10/2012

NOTICE
Comment: NOTICE DESIGNATION OF EMAIL ADDRESS; VER: F; P
09/10/2012

SUPPLEMENTAL
Comment: SUPPLEMENTAL MOTN TO STRIKE UNTIMELY RESPONSE; VER: F; P
06/29/2012

NOTICE OF TAKING DEPOSITION
Comment: NOTICE OF TAKING DEPOSITION; VER: F; D
05/30/2012

PLTF/PET'S MOTION FOR SANCTIONS
Comment: MOTION SANCTIONS AND COSTS; VER: F; P
05/30/2012

PLTF/PET'S MOTION TO DISMISS
Comment: MOTION DISMISS OR STRIKE ANSWER/; VER: F; P
05/30/2012

OBJECTION
Comment: OBJECTION TO FILING OF DEFTS ANSWER/; VER: F; P
05/30/2012

PLTF/PET'S MOTION
Comment: MOTION HAVE ALL REQUEST FOR ADMISSIONS DEEMED ADMITTED; VER: F; P
05/30/2012

PLTF/PET'S MOTION TO STRIKE
Comment: MOTION STRIKE DEFENDANTS RESPONSE AND; VER: F; P
05/30/2012

OBJECTION
Comment: OBJECTION TO RESPONSE TO REQUEST FOR ADMISSIONS/; VER: F; P
05/22/2012

RESPONSE
Comment: RESPONSE TO REQUEST FOR ADMISSIONS; VER: F; D
05/22/2012

NOTICE OF SERVICE ANSWERS INTERROGATORIES
Comment: NOTICE OF SERVICE ANSWERS INTERROGATORIES; VER: F; D
05/22/2012

RESPONSE TO REQUEST FOR PRODUCTION
Comment: RESPONSE TO SECOND REQUEST FOR PRODUCTION; VER: F; D
05/22/2012

Comment: RESPONSE TO REQUEST FOR PRODUCTION; VER: F; D
05/22/2012

AFFIRMATIVE DEFENSES
Comment: AFFIRMATIVE DEFENSES / RESERVATION TO FILE COUNTER-CLAIM; VER: F; D
05/22/2012

ANSWER OF
Comment: ANSWER OF: JACKSON K HILLIARD; VER: F; D
05/18/2012

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

NOTICE OF FILING
Comment: NOTICE OF FILING ATTACHED; VER: F; P
04/27/2012

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

ORDER GRANTING
Comment: ORDER GRANTING MOTIONS TO COMPEL OR17565PG2085-002; VER: F; P
Vol./Book 17565, Page 2085, 002 pages
04/27/2012

04/27/2012

CORRESPONDENCE
Comment: FAXED CORRESPONDENCE TO COURT RE: STONE WALLING; VER: F; P
04/27/2012

OBJECTION
Comment: OBJECTION TO DEFTS MOTION FOR EXTENSION TO FILE ETC; VER: F; P
04/25/2012

DEF/RESP'S MOTION FOR EXTENSION OF TIME
Comment: MOTION FOR EXTENSION OF TIME TO FIEL RESPONSE; VER: F; D
04/25/2012

WITHOUT PREJUDICE
Comment: WITHOUT PREJUDICE OR17566PG2540-002; VER: F; D
04/25/2012

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

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

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

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

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

NOTICE OF APPEARANCE
Comment: NOTICE OF APPEARANCE; VER: F; D
04/24/2012

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

PLTF/PET'S MOTION FOR DEFAULT
Comment: SECOND MOTION FOR DEFAULT BY COURT; VER: F; P
04/23/2012

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

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

04/17/2012

NOTICE OF HEARING
Comment: NOTICE OF HEARING 042412 11:00; VER: F; P
04/16/2012

Comment: ATTORNEY COVER LETTER COURT RCVD 041312; VER: F; P
04/12/2012

PLTF/PET'S MOTION TO COMPEL
Comment: MOTION TO COMPEL ANSWERS TO INTERROGATORIES; VER: F; P
04/10/2012

AMENDED COMPLAINT
Comment: AMENDED COMPLAINT; VER: F; P
04/06/2012

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

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

Comment: MOTION TO COMPEL PRODUCTION OF DOCUMENTS; VER: F; P
04/04/2012

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

NOTICE OF WITHDRAWAL
Comment: NOTICE OF WITHDRAWAL OF MOTION TO COMPEL DISCOVERY; VER: F; P
04/03/2012

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

Comment: RESPONSE TO REQUEST FOR PRODUCTION; VER: F; D
04/02/2012

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

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

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

Comment: FAXED MOTION DISMISS FAILURE TO STATE CAUSE; VER: F; D
04/02/2012

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

NOTICE OF HEARING
Comment: NOTICE OF HEARING 040912 1:45; VER: F; D
2 of 3 10/18/2012 12:55 PM
03/27/2012

Comment: MOTION DISMISS; VER: F; D
03/26/2012

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

Comment: MOTION TO COMPEL DISCOVERY ETC; VER: F; P
03/22/2012

NOTICE OF HEARING
03/21/2012

ANSWER OF
Comment: ANSWER OF: JACKSON K HILLIARD; VER: F; D
03/20/2012

Comment: MOTION FOR DEFAULT; VER: F; P
03/16/2012

PTLF/PET'S MOTION FOR FINAL JUDGMENT
Comment: MOTION FOR FINAL JUDGMENT ON THE PLEADINGS; VER: F; P
02/27/2012

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

DEMAND FOR JURY TRIAL
Comment: DEMAND FOR JURY TRIAL; VER: F; D
02/23/2012

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

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

COMPLAINT (SRS)
Comment: COMPLAINT; VER: F; P
01/31/2012

TEXT
Comment: 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

Comment: THIS CASE ASSIGNED BY CLERK TO SECTION 041 BY 3030 - RANDOM CO; VER: N; P
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
EUGENE P. CASTAGLIUOLO UIC
(")
r-
Plaintiff, -r"
Case No.:
1

vs.
n
;z} tr,
1
'\:W
_ ....;1-...
(") 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 of herein 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
of Defendant.
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
of generating 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 a t t o m e y ~
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 6
th
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 o n ~ however, Defendant beganrequesting more andmore 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 Plaintiff s 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 typicaI20A (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 of his 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
AttomeyEPC@yahoo.com
6
IN THE CIRCUIT COURT FOR THE SIXTH JUDICIAL CIRCUIT
P I N E ~ L A S 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
C A ~ . 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
13 minutes)
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
COUNTY CIVIL DIVISION
EUGENE P. CASTAGLIUOLO
Plaintiff,
Case No.: 12-001110-CO-041
vs.
1\.
m
:n
JACKSON K. HILLIARD
"'A' .'\ =:.

! 0"
Defendant.
:0. C )c::.\ / ,r-,..,"
Q. ..,.., ..
r __ ,V "\ \ -0 :.;00
I
--------------
=i
A
:x m
om ..
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
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 than20 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 Plaintiff EUGENE 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 4
th
Avenue North, St. Petersburg, FL 33701 on this /St:lt dayof
March, 2012.
Eug ~ .
FBN 104360, SPN 01840135
801 West Bay Drive
Largo, FL 33770
Tel: (727) 712-3333
2
Plaintiff,
Case No.: 12-001110-CO-041
vs.

JACKSON K. HILLIARD
l
:
Defendant.
. '"71
______________, ,I 6 ::;';=:
t::;O \l
.::; ?'\ ,: =""":1 rr-
PLAINTIFF'S MOTION FOR DEFAULT FOR FAILURE TO Ft:;
AJ J. '1 r; c;;> t::,;
-....f I r-:
COMES NOW the Plaintiff, EUGENE P. CASTAGLIUOLO, and for
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 of Civil
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.
~ R E F O R E PlaintiffEUGENE 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 CERTIFYthat 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 4
th
Avenue North, St. Petersburg, FL 33701 on this
_ day of March, 2012. . .
FBN 104360, SPN 01840135
801 West Bay Drive
Suite 301
Largo, FL 33770
Tel: (727) 712-3333
2
IN THE COUNTY COURT FOR PINELLAS COUNTY, FLORIDA
Case No.: I2-00III0-CO-04I
Division: COUNTY CIVIL
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: jackson@yourlawpro.com

fN
rll
l
l
\.l Jl(')U )Jl'1IlJ I. S C:()I.JN'rv 14'1 ORJDA
l'l ,,1.. . ,.,. I... ,'\1 . t.,." I." .. .11\...... .!"
Case No.: 12.00i ) 1.0.CG,{);ilI
........,.., , ,.",.II., "'M..' ''' t1HI.' .,,.-,, ,.'w , '
("'1': II
..",J.,,..lr.IA.. .. ..I., ..'".,....,"",....,.,.,.It,....."
IJ. ..;()
Jl\CKS(}N 1'1 U...l.J/\.,H.D
j
,.... ...""_........,...,..,."'"''''IlIl''... ''...II''..'''''Hili
lrOR
tfC) }\ C:AUSF; ()P' lJI-ON \\rIIIClI (:.I.\.N (;Jt,\Nl
r
..:I)
Ja.ckS:lln lhis LO 101" Fuilure to Slote of
Acti'c;lll upYu W.hhih Cnn be ('tr.llUvd
ft
i{IUov.... ing:
fa Plllltltjff's forty,.st'-\"en H} a C.JuSt: ur
is ,"!uitled iulicr.
t\ lbal IOTJ111Sf stc:iii! !I {,'{UJ.Wt IS (:1.'/ I P.
I, l iO(b'J added:t.
4. 'cln1:rn failB lU t}1 \\1 th pnrdcuJro-j t)' for \vhnt defense
IlTust 'prcp"rc, gfua-rnsJi.rJX!t'*Jl!JJ... &r
So. 2d 561 to 5<5] (J'lUt 1988).
5, H/\ defendnnl callnot p fbund HilbiG under l1 theo.ry that .. 9 flOC
pJed. 143 So, 2d i 2021' 1203 (Flil. 3d
]
Dofundll 1l, r't!qllt1sts thal the CC:)Uft the
the f1;)f :0' a of action nnd ,grflnt s'ich further relief
tbnt uu,y'be 8\\!i1tded lJf iii equ:;ty,
7
I <;ertify that on 1\t{arch 26, 20 1,2, '1 tnli! fl,l\d L;Opy uf \.he served by
\J.8. .11\311 on Euyene )'. al Lt\w Cjroup.P.A., 3J'd
Elqpr. 801 We6t Ltttgl)l' Fl.. 33770.
,../".....l rL /"'6/1'""'O.!,I,
( ! ( ... ' ,I.
... ".
Jackson Htlfi4JJ:d J
I I r'
.A lent I)efend'B:lll
003S92'j.t , ,
262 th N(ll1'h
St.. .1:J()ridn 33701
-.. 7) 489..21 () J
Fa.);: (866) 7J9..() 184
f:M3il:
EUGENEP. CASTAGLIUOLO
Plaintiff,
Case No.: 12-001110-CO-041
vs.
C'"
. 2.
;:; r:
JACKSON K. HILLIARD
CO
-;0 C.:.
---- ;JJ ::::
o
.-....
Defendant.
- ",I.' -- "-' r
o
-t1
-------- --.;1
:::i -
AMENDED COMPLAINT ..
.,' .....
':;
./)
COMES NOWthe 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 of herein 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 ofthe 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 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
13. Simply 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. Plaintiff applied for membership in BNI to increase his lawpractice 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 6
th
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 beganrequesting 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 expectedto 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 givinghis 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 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 of charge."
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
Plaintiff anything 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 2
nd
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 2
nd
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 ConditioningandRefrigeration. 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 Plaintiffthe 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, Plaintiff demands 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 Plaintiffin 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
4
th
Avenue North, St. Petersburg, FL 33701 on this J..l2.!- day of April, 2012.
FBN 104360, SPN 01840135
801 West Bay Drive
Suite 301
Largo, FL 33770
Tel: (727) 712-3333
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
wi ttl' to I
Flor:id-a, 5:68:2 .l);]'.
..; . Ef4"i'!
EXHIBIT --4-
- .
Page 1 of1
Subject: Hey Gene, here's my complaint.
From: Jackson Hilliard Gacksonhilliard@gmail.com)
To: Eugene@CastagliuoloLawGroup.com;
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
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
13 minutes)
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 - ' ( ) ! ~
9
10
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
FILED
County Court Judge
CIVIL COURT RECORDS DEPARTMENT
324 S. Ft. Harrison Avenue. Room 248
Clearwater
t
FL 33756
APP 272012
RE: EUGENE P. C
r' J=QI(
,. 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 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 conflicts. In my humble opinion, reviewing any given motion has little
or nothing to do with setting the 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 timetolfromthe Courthouse. Your Honor even commented on thisI
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 telephonically at that very same hearing I
At approximately4:45 P.Myesbrday. 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 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. HillJardtoconsent 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 attention to the foregoing. I shall remain
__ _
cc: lee Segal. Esquire VIA FAXONLYJ
11
r HUe. tJ.L f
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
r '1 '!.4 'tJ.L't- .. ;1 .; i\ } 7 -c" I I,'
J l .. t'-r;;. L .......Jt ,/; ..d --:::' :., ..
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:orneyEPC@yahoo.com.
Thank you.
NOT COUNTING THE COVER SHEET. IF YOU DO NOT RECEIVE ALL PAGES. PLEASE TELEPHONE us
IMMEDIATELY AT (727) 7123333.
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. 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. 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,
:z
JACKSON K. HILLIARD
;:;,,1 \
-
n
-e,.
,1'1 , I 0
CD
e '" ;0
Defendant.
-fr
M'f
\
..,.
;00 .', ,

2. m
b\J r
() : .t::
..
0'
PLAINTIFF'S MOTION TO FIND DEFENDANT IN CONT
r
"" 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
of documents 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 of Civil 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" himto 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 atrue and correct copy ofthe foregoing PLAINTIFF'SMOTION
TO FIND DEFENDANTINCONTEMPTAND FOR SANCTIONS has been furnished by regular U.
S. Mail to Lee Segal, Esquire, SEGAL & SCHUH LAW GROUP, 13575 58
th
Street North, Suite
140, Clearwater, FL 33760 on this l B ~ day of May, 2012.
FBN 104360, SPN 01840135
801 West Bay Drive
Suite 301
Largo, FL 33770
Tel: (727) 712-3333
2
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 withthe Court's permission, and the Court having considered said motions, and with
... :
neither motionopposed byMr. Hilliard, andafter reviewingthe 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. first " _,.".
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:
EXHIBIT .-lL
Jackson 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 PROTECTION September 29, 2008 Page 67 of 187
ATTORNEY NAME
ATTORNEY ADDRESS CITY ST ZIP
ATTORNEY
ID
YR
ADM
CASEY KAREN ANN 1991 607 SW SIMS DR 031421991 BENTONVILLE AR 72712
CASEY LAWRENCE J 1989 2965 POTSHOP RD P O BOX 221 008791989 WORCESTER PA 19490
CASEY SHARON SHELFER 1991 71 WASHINGTON ST #2 030781991 SALEM MA 01970
CASILLAS LUIS A 2007 322 E 59TH STREET APT 1B 040552007 NEW YORK NY 10022
CASS JILLIAN ELIZABETH 2001 2 CONGERS RD 006952001 NEW CITY NY 10956
CASSATA SERAFINA MARIE 1996 60 BAY ST FL 3RD 013201996 STATEN ISLAND NY 10301
CASSIDY BERNARD MICHAEL 1991 1 E BROWARD BLVD STE 1410 039551991 FT LAUDERDALE FL 33301
CASTAGLIUOLO EUGENE PHILLIP 1989 P O BOX 39 000161989 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 ST 036772003 PHILADELPHIA PA 19125
CASTELLUCCIO JOSEPH A III 2006 45 WALL STREET APT 821 031672006 NEW YORK NY 10005
CASTRO IDA L 1982 APT 8H 191 WILLOUGHBY ST 025771982 BROOKLYN NY 11201
CATARINELLA STEPHEN ANGELO 2004 APT M 104 BRIARIDGE DR 032822004 TURTLE CREEK PA 15145
CATLOW JESSICA W 2004 23RD FLOOR 75 ROCKEFELLER PLAZA 028902003 NEW YORK NY 10019
CATO ALEXA UMEYO 2004 408 MYRTLE AVENUE APT 2 017832003 BROOKLYN NY 11205
CATO MARSHA SIMONE 1999 PO BOX 280577 041061999 QUEENS VILLAGE NY 11428
CATRI WESLEY L 1976 7140 SW 19TH ST 002041974 PLANTATION FL 33317
CATRILLO BARBARA TAPPER 1984 1320 N BRYANT AVE 023331984 TUCSON AZ 85712
CAUGHEY RYAN THOMAS 2000 738 ELM STREET 029371999 INDIANAPOLIS IN 46203
CAULEY CLAY N 2004 1 S BROAD ST STE 1810 032302003 PHILADELPHIA PA 19107
CAULK EMMANUEL JR 2001 11070 MEAD RD APT 604 033192001 BATON ROUGE LA 70816
CAVALIER DOROTHY 1996 19 FOWLER LN 015311996 MOUNT SINAI NY 11766
CAVALIER MATTHEW JOHN 1997 25420 60TH AVE 021011996 LITTLE NECK NY 11362
CAVALLARO ROBERT 1998 APT 30A 300 E 34TH ST 044991998 NEW YORK NY 10016
CAVALLO FRANCIS JOSEPH 2002 12020 LAKE AVE #505 039172001 LAKEWOOD OH 44107
CAVALLO ROBERT L 1998 APT 1A 69 EDWARDS ST 004971998 ROSLYN HEIGHTS NY 11577
CAVANAGH ELISABETH HESSLER 2004 488 MADISON AVE 021332004 NEW YORK NY 10022
CAVINESS JENNIFER L 2007 208 WOODRIDGE DR 019582006 CARNEGIE PA 15106
CEMBER JONATHAN PAUL 1983 809 SLEEPY HOLLOW RD EXT 015591983 BRIARCLIFF MANOR NY 10510
CERMANSKI EDWARD JOSEPH 1989 401 PENN ST STE 100 023421989 READING PA 19601
CERNICH SCOTT MICHAEL 1999 747 12TH ST SE 040581999 WASHINGTON DC 20003
CERSKI CHRISTOPHER J 2003 APT 926 25 WASHINGTON LN 020832002 WYNCOTE PA 19095
CERVANTES PETER M 1975 15106 CRAGGY CLIFF ST 020451976 TAMPA FL 33625
CETERO FRANK A 2002 42 OSCEOLA AVE 008852000 DEER PARK NY 11729
CEVALLOS LYNDA C 2002 STE 1000 1400 K ST NW 020262001 WASHINGTON DC 20005
CHA ANDREA 1998 4639 247TH ST 046861998 DOUGLASTON NY 11362
CHACHKIN BENJAMIN D 2007 1401 N. TAFT STREET, APT 718 041662006 ARLINGTON VA 22201
CHADWICK ROBIN A 1996 10 JONES COURT 051991996 MASSAPEQUA NY 11762
CHAE CINDY S 2004 1642 PICCARD DRIVE 032872004 ROCKVILLE MD 20850
CHAFF SANDRA L 1985 405 W PRICE ST 001291985 PHILADELPHIA PA 19144
ASE UMMARY
CASE NO. 09-018650-CI
BAC HOME LOANS SERVICING L P vs. EILEEN R CASTAGLIUOLO, et al
Case Type:
MORTGAGE FORECLOSURE -
CIRCUIT
Location: Section 7
Judicial Officer: BOYER, BRUCE
UNIFORM CASE NUMBER: 522009CA018650XXCICI
PARTY INFORMATION
Attorneys
CLOSED
DEFENDANT -
DISMISSED/DR
ALL UNKNOWN PARTIES

CLOSED
DEFENDANT -
DISMISSED/DR
CASTAGLIUOLO, EUGENE P EUGENE P CASTAGLIUOLO
Retained
801 WEST BAY DRIVE
SUITE 301
LARGO, FL 33770
727-712-3333(W)
2138 NORTH BAY HILLS BOULEVARD
SAFETY HARBOR, FL 34695

CLOSED
DEFENDANT -
DISMISSED/DR
UNKNOWN PARTIES IN POSSESSION 1

CLOSED
DEFENDANT -
DISMISSED/DR
UNKNOWN PARTIES IN POSSESSION 2
2138 NORTH BAYL HILLS BOULEVARD

DEFENDANT CASTAGLIUOLO, EILEEN R DONALD D CONN
Retained
2701 N ROCKY POINT DR
SUITE 900
TAMPA, FL 33607
813-639-9599(W)

PLAINTIFF BAC HOME LOANS SERVICING L
P FORMERLY KNOWN AS COUNTRYWIDE
HOME LOANS SERVICING L P
STEPHANIE LORD
Retained
4630 WOODLAND CORP BLV
SUITE 100
TAMPA, FL 33614
813-880-8888(W)
06/08/2012

CERTIFICATE TITLE MLD PLTF(S) ATTORNEY
Comment: CERTIFICATE TITLE MLD PLTF(S) ATTORNEY; VER: N; K
06/01/2012

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

CERTIFICATE OF TITLE RECORDED:
Comment: CERTIFICATE OF TITLE RECORDED: OR17601PG1857-001; VER: R; K
05/21/2012

CERTIFICATE OF SALE
Comment: CERTIFICATE OF SALE FEDERAL NATIONAL MORTGAGE ASSOC; VER: F; K
05/21/2012

Realauction Electronic Sale Fee Paid $
Comment: REALAUCTION ELECTRONIC SALE FEE PAID $49.00; VER: N; P
05/15/2012

Certificate Of Sale - Fee Paid $70.00
Comment: CERTIFICATE OF SALE - FEE PAID $70.00; VER: N; P
05/14/2012

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 SALE
Comment: PUBLISHERS AFFIDAVIT NOTICE OF SALE; VER: F; P
04/10/2012

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

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

NOTICE
Comment: NOTICE INTENT TO DISCONTINUE MAINTENANCE/SECURITY AND; VER: F; D
04/05/2012

NOTICE OF SALE
Comment: 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 SALE
Comment: MOTION TO CANCEL FORECLOSURE SALE AND RESCHEDULE SALE; VER: F; P
04/02/2012

04/02/2012

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

ORDER RESCHED ONLINE SALE
Comment: ORD RESCHED ONLINE SALE FOR: 052112 OR17541PG0414-001; VER: F; P
02/14/2012

CORRESPONDENCE TO COURT RE:
Comment: CORRESPONDENCE TO COURT RE: ENTER JUDGMENT; VER: F; D
02/14/2012

SALE SCHEDULED ONLINE
Comment: SALE SCHEDULED ONLINE FOR: 040312 OR17494PG1917-007; VER: F; P
02/14/2012

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

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

02/13/2012

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

NOTICE OF FILING
Comment: NOTICE OF FILING STIPULATION; VER: F; P
02/08/2012

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

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

ID NAME
02/08/2012

NOTICE OF DROPPING
Comment: NOTICE OF DROPPING AS TO OR17494PG1917-007; VER: F; P
01/10/2012

AMENDED MOTION
Comment: AMENDED MOTION SUMMARY JUDGMENT W/ATTD AFFIDAVITS; VER: F; P
11/01/2011

STIPULATION/ORDER
Comment: STIPULATION/ORDER SUBSTIUTITON OF COUNSEL; VER: F; D
11/01/2011

Comment: ATTORNEY COVER LETTER RECD BY COURT 103111; VER: F; D
08/29/2011

NOTICE OF HEARING
06/09/2011

NOTICE
Comment: NOTICE CHANGE OF FIRM NAME/CHANGE OF ATTORNEY OF RECOR; VER: F; P
03/31/2011

AS TO:
Comment: AS TO: EUGENE P CASTAGLIUOLO UPON COMPLETION; VER: F; D
03/31/2011

ORDER GRANTING
Comment: ORDER GRANTING MOTION TO DROP AS PARTY; VER: F; D
03/31/2011

Comment: ATTORNEY COVER LETTER RCVD BY COURT 033111; VER: F; D
03/29/2011

NOTICE OF CANCELLATION
Comment: NOTICE OF CANCELLATION OF HEARING 042011 1:30; VER: F; P
03/28/2011

COPY
Comment: COPY DISCLAIMER OF INTEREST IN REAL PROPERTY; VER: F; P
03/28/2011

NOTICE OF FILING
Comment: NOTICE OF FILING DISCLAIMER OF INTEREST; VER: F; P
03/28/2011

ID NAME
Comment: EUGENE P CASTAGLIUOLO; VER: F; P
03/28/2011

NOTICE OF DROPPING
Comment: NOTICE OF DROPPING AS TO OR17209PG2592-002; VER: F; P
03/09/2011

NOTICE OF FILING
Comment: NOTICE OF FILING ATTD C/C OF QUIT CLAIM DEED; VER: F; D
03/08/2011

OBJECTION
Comment: OBJECTION TO AMENDED NOTICE OF HEARING; VER: F; P
2 of 4 10/18/2012 1:05 PM
03/07/2011

Comment: AMENDED NOTICE OF HEARING 042011 9:15; VER: F; P
01/13/2011

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

NOTICE OF FILING
Comment: NOTICE OF FILING CORRESPONDENCE SENT TO ATTY; VER: F; D
01/11/2011

RESPONSE
Comment: RESPONSE TO MOTN FOR SANCTIONS/DROPPED AS PARTY; VER: F; P
12/23/2010

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

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

ORDER GRANTING
Comment: ORDER GRANTING EXTENSION OF TIME TO RESPOND TO; VER: F; P
12/10/2010

REPLY
Comment: REPLY TO RESPONSE TO MOTIN TO DISMISS/SANCTIONS; VER: F; D
12/07/2010

RESPONSE
Comment: RESPONSE TO MOTION TO DISMISS; VER: F; P
12/02/2010

PLTF/PET'S MOTION FOR EXTENSION OF TIME
Comment: MOTION FOR EXTENSION OF TIME; VER: F; P
11/30/2010

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

NOTICE
Comment: NOTICE OF OFFER OF DEED IN LIEU OF FORECLOSURE; VER: F; D
11/19/2010

ORDER
Comment: ORDER RE: RESPONSE TO MOTION TO DISMISS; VER: F; P
08/31/2010

NOTICE OF CHANGE OF ADDRESS OF COUNSEL
Comment: NOTICE OF CHANGE OF ADDRESS OF COUNSEL; VER: F; P
08/26/2010

NOTICE OF CHANGE OF ADDRESS OF COUNSEL
Comment: NOTICE OF CHANGE OF ADDRESS OF COUNSEL; VER: F; D
08/16/2010

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

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

Comment: JOINT MOTION DISMISS; VER: F; D
08/03/2010

NOTICE OF HEARING
08/03/2010

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

NOTICE OF FILING
Comment: NOTICE OF FILING AFFIDAVIT; VER: F; P
06/23/2010

CERTIFICATE OF COMPLIANCE W/FORECLOSURE PROCEDURES
Comment: CERTIFICATION-COMPLIANCE W/FORECLOSURE PROC; VER: F; P
05/14/2010

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

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

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

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

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

NOTICE OF FILING
Comment: NOTICE OF FILING NOTE/MORTGAGE/ASSIGNMENT OF MORTGAGE; VER: F; P
04/01/2010

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

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

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

LETTER FROM CLERK RE: NO DEFAULT ENTERED
Comment: LETTER FROM CLERK RE: NO DEFAULTS ENTERED -; VER: N; K
03/25/2010

Comment: MOTION FOR DEFAULT; VER: F; P
03/25/2010

AFFIDAVIT AS TO MILITARY SERVICE
Comment: AFFIDAVIT AS TO MILITARY SERVICE; VER: F; P
03/12/2010

DEF/RESP'S MOTION
Comment: MOTION TO AWARD ATTORNEYS FEES/SANCTIONS PRO SE; VER: F; D
02/04/2010

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

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

ID NAME
Comment: UNKNOWN PARTIES IN POSSESSION 1; VER: N; K
3 of 4 10/18/2012 1:05 PM
02/04/2010

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

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

NOTICE OF ACTION/EMAILED-GULF COAST BUS REV
Comment: NOTICE OF ACTION/EMAILED-GULF COAST BUS REV /; VER: N; K
02/03/2010

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

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

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

02/03/2010

ID NAME
02/03/2010

02/03/2010

ID NAME
02/03/2010

02/01/2010

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

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

Comment: ALIAS SUMMONS RETD NOT SERVED UNKNOWN PARTIES IN POSSESSION 1; VER: F; K
12/30/2009

12/30/2009

TEXT
Comment: 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 SUMMONS
Comment: 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

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

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

Comment: SUMMONS RETD NOT SERVED UNKNOWN PARTIES IN POSSESSION 1; VER: F; K
11/17/2009

DEF/RESP'S MOTION
Comment: MOTION QUASH SERVICE OF PROCESS; VER: F; D
10/27/2009

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

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

NOTICE OF LIS PENDENS
Comment: NOTICE OF LIS PENDENS OR16737PG0949-002; VER: F; P
10/23/2009

COMPLAINT (SRS)
Comment: COMPLAINT; VER: F; P
10/23/2009

Comment: THIS CASE ASSIGNED BY CLERK TO SECTION 007 BY 0025 - RANDOM MF; VER: N; P
4 of 4 10/18/2012 1:05 PM
15
16
17
18
19
20
21
Category: Lawyers
28960 US Highway 19 N Ste 100
Clearwater, FL 33761
(727) 781-3500
Castagliuolo Eugene P PA - CLOSED
People Who Viewed This Also Viewed...
Brennan's
1 review
Tarpon Springs, FL
The Floridian
8 reviews
"The black beans and rice were great as
well."
Peabody's Billiards & Games
13 reviews
"Well it's a bar, and it's really awesome."
Pop N Sons Diner
17 reviews
"Very good service and the chili dog was
fantastic."
Skidders Restaurant
22 reviews
"They do breakfast, lunch and dinner, all
are done well."
Castagliuolo Eugene P PA - CLOSED - Clearwater, FL http://www.yelp.com/biz/castagliuolo-eugene-p-pa-clearwater
1 of 1 9/29/2012 1:48 PM
22

Neil Gillespie
From: "UPS Quantum View" <auto-notify@ups.com>
To: <neilgillespie@mfi.net>
Sent: Wednesday, September 26, 2012 2:23 PM
Subject: UPS Delivery Notification, Tracking Number 1Z64589FP293065812
Page 1 of 2
9/29/2012

Discover more about
UPS:
Visit www.ups.com
Sign Up For
Additional E-Mail
From UPS
Read Compass
Online
***Do not reply to this e-mail. UPS and Neil J.
Gillespie will not receive your reply.
At the request of Neil J. Gillespie, this notice
is to confirm that the following shipment has
been delivered.
Important Delivery Information
Driver Release Location: UNDER DOOR
Shipment Detail
Ship To:
Eugene P. Castagliuolo
801 W BAY DR
FLOOR 3 ROOM 301
LARGO
FL
33770
US

____2@@2@@2pomf-Sd____
Tracking Number: 1Z64589FP293065812
Delivery Date /
Time:
26-September-2012 / 1:56
PM
Number of Packages: 1
UPS Service: GROUND
Weight: 1.0 LBS

22
2012 United Parcel Service of America, Inc. UPS, the UPS brandmark, and the color brown are trademarks of
United Parcel Service of America, Inc. All rights reserved.
For more information on UPS's privacy practices, refer to the UPS Privacy Policy.
Please do not reply directly to this e-mail. UPS will not receive any reply message.
For questions or comments, visit Contact UPS.

This communication contains proprietary information and may be confidential. If you are not the intended recipient,
the reading, copying, disclosure or other use of the contents of this e-mail is strictly prohibited and you are instructed
to please delete this e-mail immediately.
Privacy Notice
Contact UPS
Page 2 of 2
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 that
11 we're going to get together today?
12 MR. GILLESPIE: I'll get in my car and drive
13 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 have
17 a pretty booked up day, I look like a trashman.
18 I'm wearing shorts, I didn't shave because I had
19 a --
20 MR. GILLESPIE: As long as you're not naked, I
21 don't care.
22 MR. CASTAGLIUOLO: No, no, I'm not naked, but
23 I had a back office day planned. But if you're
24 willing to do that, come on down.
25 MR. GILLESPIE: I'm going to bring my laptop
24
ASE UMMARY
CASE NO. 11-006560-SC
EUGENE P CASTAGLIUOLO vs. TINA BEESLER
Case Type: SMALL CLAIMS

Judicial Officer: McNARY, MYRA SCOTT
UNIFORM CASE NUMBER: 522011SC006560XXSCSC
PARTY INFORMATION
Attorneys
DEFENDANT BEESLER, TINA
11154 64TH TERRACE
SEMINOLE, FL 33772

Retained
801 WEST BAY DRIVE
SUITE 301
LARGO, FL 33770
727-712-3333(W)
09/11/2012

C/C JUDGEMENT MADE/HANDED RECORDING
Comment: C/C JUDGEMENT MADE/HANDED RECORDING; VER: R; K
07/16/2012

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

Comment: NOTICE OF WITHDRAWAL REQUEST FOR ORDER AMENDMENTPRO SE; VER: F; D
07/13/2012

Comment: NOTICE OF CANCELLATION CROSS NOTICE OF HEARING; VER: F; D
07/11/2012

SATISFACTION OF JUDGMENT
Comment: 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 ORDER
Comment: MOTION PROTECTIVE ORDER PRO SE; VER: F; D
07/11/2012

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

Comment: NOTICE OF CANCELLATION HEARING 071212 1:00; VER: F; P
07/05/2012

ORDER DENYING
Comment: ORDER DENYING EACH AND EVERY MOTION OF DEFENDANT; VER: F; D
07/05/2012

07/03/2012

CORRESPONDENCE
Comment: CORRESPONDENCE RE:AMOUNT JUDGMENT/INTEREST/PRO SE; VER: F; D
07/03/2012

NOTICE OF FILING
Comment: NOTICE OF FILING COPYMONEY ORDR/SATISFY JUDGMENT; VER: F; D
07/02/2012

NOTICE OF HEARING
06/25/2012

PLTF/PET'S MOTION TO COMPEL DISCOVERY
Comment: MOTION COMPEL DISCOVERY AND FOR SANCTIONS; VER: F; P
06/15/2012

Comment: WITHDRAWAL MOTION FILED 051612/COMPEL DISCOVERY; VER: F; P
06/13/2012

NOTICE OF HEARING
06/07/2012

DEF/RESP'S MOTION
Comment: 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

OBJECTION
Comment: OBJECTION DISCOVERY REQUESTS PRO SE; VER: F; D
06/07/2012

COPY
Comment: 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 SANCTIONS
Comment: DEFTS MOTION SANCTIONS; VER: F; D
05/31/2012

DEF/RESP'S MOTION TO STRIKE
Comment: MOTION STRIKE PLTFS REQUEST FOR SANCTIONS AND ATTY FEES AND; VER: F; D
05/31/2012

RESPONSE
Comment: RESPONSE TO MOTN COMPEL FACT INFO SHEET AND; VER: F; D
05/31/2012

OBJECTION
Comment: 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 MOTION
Comment: 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 MOTION
Comment: MOTION FOR MISTRIAL AND NEW TRIAL PRO SE; VER: F; D
05/29/2012

RESPONSE
Comment: 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 MOTION
Comment: MOTION FOR MISTRIAL AND FOR NEW TRIAL PRO SE; VER: F; P
05/22/2012

FACT INFORMATION SHEET
Comment: FACT INFORMATION SHEET (COPY); VER: F; D
05/22/2012

NOTICE OF FILING
Comment: NOTICE OF FILING COPY FACT INFO SHEET; VER: F; D
05/22/2012

OBJECTION
Comment: OBJECTION TO DISCOVERY REQUESTS; VER: F; D
05/22/2012

DEF/RESP'S MOTION FOR SANCTIONS
Comment: AND DEFTS MOTION SANCTIONS; VER: F; D
05/22/2012

DEF/RESP'S MOTION TO STRIKE
Comment: DEFTS MOTION STRIKE PLTFS REQUEST FOR SANCTIONS/ATTY FEES; VER: F; D
05/22/2012

RESPONSE
Comment: RESPONSE TO PLTF MOTN COMPEL FACT INFO SHEET AND; VER: F; D
05/22/2012

CASE REOPENED
Comment: REOPEN CASE/OTHER; VER: F; D
05/18/2012

CERTIFICATE
Comment: CERTIFICATE SERVING INTERROGATORIES; VER: F; P
05/18/2012

AMENDED
Comment: AMENDED REQUEST PRODUCTION; VER: F; P
05/16/2012

CASE REOPENED
Comment: REOPEN CASE/OTHER; VER: F; P
05/16/2012

Comment: REQUEST FOR PRODUCTION; VER: F; P
05/16/2012

PLTF/PET'S MOTION TO COMPEL DISCOVERY
Comment: MOTION COMPEL DISCOVERY AND FOR SANCTIONS; VER: F; P
04/02/2012

JUDGMENT
Comment: ASTO COUNTERCLAIM SHALL TAKE NOTHING; VER: F; D
04/02/2012

FINAL JUDGMENT
Comment: FINAL JUDGMENT $139.47 PRIN $130. COSTS OR17538PG1655-001; VER: N; P
04/02/2012

JUDGMENT (SRS DISPOSITION)
Comment: JUDGMENT; VER: F; P
04/02/2012

Comment: ATTORNEY COVER LETTER W/CORRECTED DAMAGES/COSTS; VER: F; P
03/27/2012

EXHIBIT
Comment: EXHIBIT A; VER: F; P
03/01/2012

WITNESS LIST
Comment: WITNESS LIST AND EVIDENCE LIST; VER: F; P
03/01/2012

DEMAND
Comment: DEMAND DEFENDANT PRODUCE EVIDENCE IN COURT ON TRIAL DATE; VER: F; P
02/20/2012

NOTICE OF SERVICE OF:
Comment: NOTICE OF SERVICE OF: SUBPOENA TO CRAIG D PARSONS; VER: F; P
01/31/2012

NOTICE OF HEARING
Comment: NOTICE OF HEARING 021612 10:00; VER: F; D
01/27/2012

RECEIVED BY COURT
Comment: RECEIVED BY COURT 012712; VER: F; D
01/27/2012

AMENDED MOTION
Comment: AMENDED MOTION COMPEL EX PARTE PRO SE; VER: F; D
01/26/2012

AMENDED MOTION
Comment: AMENDED MOTION STRIKE EX PARTE; VER: F; D
2 of 3 10/18/2012 1:03 PM
01/26/2012

AMENDED MOTION
Comment: AMENDED MOTION COMPEL EX PARTE; VER: F; D
01/26/2012

PLTF/PET'S MOTION TO STRIKE
Comment: MOTION STRIKE CIVIL THEFT NOTICE PRO SE; VER: F; P
01/26/2012

DEF/RESP'S MOTION TO COMPEL
Comment: MOTION TO COMPEL PRODUCE COPY OF RECEIPTS PRO SE; VER: F; D
01/25/2012

Comment: CASE ASSIGNED SECTION 047 FROM SECTION NPC ICD; VER: N; P
01/24/2012

TEXT
Comment: 3/22/2012 1:00 PM 047 - MCNARY, MYRA S; VER: F; K
01/24/2012

PRE-TRIAL CONFERENCE ORDER-NOTICE OF TRIAL
Comment: PRE-TRIAL CONFERENCE ORDER-NOTICE OF TRIAL; VER: F; K
01/24/2012

NON -JURY TRIAL
Comment: NON JURY TRIAL; VER: N; K
01/24/2012

Result: CONVERTED
01/12/2012

ANSWER OF
Comment: ANSWER OF: EUGENE P CASTAGLIUOLO TO COUNTERCLAIM; VER: F; P
01/03/2012

TEXT
Comment: 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 CLAIM
Comment: COUNTER CLAIM /BREACH OF CONTRACT PRO SE; VER: F; P
01/03/2012

Result: CONVERTED
12/22/2011

ANSWER OF
Comment: ANSWER OF: TINA BEESLER RO SE; VER: F; D
12/02/2011

NOTICE RETURNED SERVED
Comment: 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 ATTY
Comment: NOTICE TO PLTF/PLTF ATTY; VER: N; K
11/23/2011

PRE-TRIAL HEARING SET
Comment: PRE-TRIAL HRG SET: 010312 09:30A HON MYRA S MCNARY; VER: F; K
11/23/2011

11/23/2011

Small Claims Filing - Fee Paid
Comment: SMALL CLAIMS FILING FEE PAID $80.00; VER: N; P
11/23/2011

STATEMENT OF CLAIM
Comment: STATEMENT OF CLAIM; VER: F; P
11/23/2011

Comment: THIS CASE ASSIGNED BY CLERK TO SECTION NPC BY 2594 - RANDOM SC; VER: N; P
3 of 3 10/18/2012 1:03 PM
26
Case Records Home New Civil Search Refine Search Location : Pinellas County Help
Record
Count:
9
Search 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 P
CASTAGLIUOLO vs.
BOSSET PARTNERS
MARKETING INC, et
al
06/17/1997
Section 48
RUSHING, STEPHEN O
SMALL CLAIMS
CLOSED
05-010789-FD EUGENE P
CASTAGLIUOLO vs.
EILEEN R
CASTAGLIUOLO
08/26/2005
Section 14
ALLAN, LINDA R
DISSOLUTION OF MA
REOPENED - OTHER
ESQUIRE
CASTAGLIUOLO vs.
CONSTANCE A
GUARNIERI, et al
11/16/2006
Section 47
McNARY, MYRA SCOT
SMALL CLAIMS
CLOSED
07-004155-FD EUGENE P
CASTAGLIUOLO vs.
EILEEN R
CASTAGLIUOLO
04/09/2007
Section 14
ALLAN, LINDA R
DISSOLUTION OF MA
REOPENED - OTHER
07-004082-CI EUGENE P
CASTAGLIUOLO vs.
CONSTANCE A
GUARNIERI, et al
05/01/2007
Section 21
SCHAEFER, JOHN A
OTHER CIVIL - CIRCU
CLOSED
09-018650-CI BAC HOME LOANS
SERVICING L P vs.
EILEEN R
CASTAGLIUOLO, et
al
10/23/2009
Section 7
BOYER, BRUCE
MORTGAGE FORECL
REOPENED - OTHER
CASTAGLIUOLO vs.
TINA BEESLER
11/23/2011
Section 47
McNARY, MYRA SCOT
SMALL CLAIMS
REOPENED - OTHER
CASTAGLIUOLO vs.
JACKSON K
HILLIARD
12/14/2011
Section 48
CARASSAS, JOHN
SMALL CLAIMS
CLOSED
12-001110-CO EUGENE P
CASTAGLIUOLO vs.
JACKSON K
HILLIARD
01/31/2012
Section 41
McNARY, MYRA SCOT
OTHER CIVIL - COUNT
CLOSED
https://ccmspa.pinellascounty.org/PublicAccess/Search.aspx?ID=400&No...
1 of 1 10/18/2012 12:58 PM
27
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, 32399-2300
RE: Complaint by Nell J. Gillespie
T.he Florida Bar File No. (6D)
Dear Mr. Ljttlewood:
This .is my response to the nonsensical complaint filed against me by my former Neil J. Gillespie.
c
Gillespie is "on the go.vemment perhaps wrongfully (more about this later in this ,letter). He has
all of his waking hours to file complaints. I do Tf1erefore, I will express my 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
complr;lint,. he expresses his with the legal 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 as "Exhibit A;8 which 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: sent me the e-mail marked as "Exhibit B" on 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 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 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 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 thank me for my efforts and agree' to pay me additions'l fees? :
EXHIBIT C:' In or around 2011, Gillespie sent,rnes gift-wrapped.CD, with Y$t another "thank youi
in the form of a hand-written note. 'His 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
!
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)

28
,
, EXHIBIT E: Exhibit 'IE" provides the precise reason for Gillespie filing this grievance against
'1 the a-mail marked as "Exhibit E- to Gillespie on July 25, 2012. I santit
immediately after learning that Gillespie had recorded.and published a private telephone
between me and him on June 14, 2011. Before this July 25
th
e-mail, the last
previous e-mail I sent to Gillespie was dated August 12, 2011; his last correspondence
me was .dated August 4, 2011. Clearly,. Gillespie's. Florida Bar"complalnt against
me is solely by this July In which I reveal that I've caught him
with h'ls hand In cookie 'ar of 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 actual first page of the itranspript which Gillespie illegally recorded and
published. This document how a liar can get tripped up in his own
machinations: GillelJie placed this' te/eph'one call to ME, J did 'not call HIM III I
answered hi.s call to me by stating my which is,my habit. So why' would Gillespie's
answering machine" kick 0n? And even if it why W9uld I keep speaking
as if I didn't hear the warning which told him I find unacceptable and repugnant?
Michael Borseth, the transcriptionist/collrt reporter who transcribed the telephone
advised me that Gillespie had instructed him to place this "mini-Miranda" of
sorts at the start of transcript, without regard to whether It was part of the
recording. [I 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
and speaks for itself. What Gillespie did to this p09r guy should be a cautionary must
read 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 or Mr. Bauer and'
probably others I don't know'about). He does' so by representing himself as' a poor
l

misunderstood. mistreated, disabled, handicapped victim. Then, after lawyer works .for him
virtually pennies .Mr. "Gillespie rewards that. bY..filing a lawsuit or a"ar, grievance against
that lawyer. .
It is my humble opinion that Gillespie .Is anything but a victim, but he is a human parasite,
con man, bully, consummate actor, and pathological liar. He actiJaily believes the nonsense 'he says ,and
writes. entire. reason for being is to work the system" by using his -invisible to his
strategic advantage,; Forget about caring for a spouse, significant other, children. and/or famUy.
his life has:'none of these 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 even claim to be successful at "working the system" to his ,advantage.
He seemingly has nothing by his efforts, other. than. the perverted, sadisticjoy he cle.arty reoeives'
by causing (or trying to and,all sorts of problems for judges and 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 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 "handicapped
or .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, General of the,Social Security Administration" and me: Is this the.work
of a 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. If Gillespie hada legitimate camp!s/", about the services I to hI,,:,
in June 20.11, why did it spme 1314 months to flle this I think your
investigation Will'reveal that Gillespie's complaint, much like Gillespie himself, is completely devoid of
merit. 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 plaintiff entitled 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. .
UNDER 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 .. Rodems, Esquire (by e-mail) ,
.<?trice of the Social Security regular S.',Mail)
Page 3 (of 3)
29

Further Rebuttal To Castagliuolo TFB No. 2013-10,162 (6D), Rule 3-5.2

Hochgeladen von

Dokumentinformationen

Originaltitel

Copyright

Verfügbare Formate

Dieses Dokument teilen

Dokument teilen oder einbetten

Freigabeoptionen

Stufen Sie dieses Dokument als nützlich ein?

Sind diese Inhalte unangemessen?

Copyright:

Verfügbare Formate

Further Rebuttal To Castagliuolo TFB No. 2013-10,162 (6D), Rule 3-5.2

Hochgeladen von

Copyright:

Verfügbare Formate

Via Email: tlittlew@flabar.

org, and October 18, 2012

Case Type: SMALL CLAIMS

Case Type: OTHER CIVIL - COUNTY

Case Type: SMALL CLAIMS

Das könnte Ihnen auch gefallen