IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY

CIVIL DIVISION

NEIL J.

GILLESPIE,
Plaintiff,
Case No.

05-7205

-vsDivision:
BARKER RODEMS & COOK, P.A.,
a Florida corporation; WILLIAM J.

COOK,

Defendants.
--------------------------------------/

TRANSCRIPT OF PROCEEDINGS

BEFORE:

HONORABLE CLAUDIA R.
Circuit Judge

TAKEN AT:

George Edgecomb Courthouse

In Chambers
Tampa, Florida

DATE & TIME:

February 1,
9:06 a.m.

REPORTED BY:

Mary Elizabeth Blazer

Notary Public
813-229-8225

ISOM

2007

Berryhill & Associates, Inc.

501 East Kennedy Boulevard, Suite 1225

Tampa, Florida 33602

"H"

2
3

APPEARANCES:

For the Plaintiff:

Neil J.

Gillespie,

Pro Se

4
5
6
7
8
9

10
11
12
13

14
15
16
17
18
19
20
21
22
23
24
25

For the Defendants:

RYAN CHRISTOPHER RODEMS, ESQUIRE
Barker Rodems & Cook
400 North Ashley Drive, Suite 2100
Tampa, Florida 33602
813-489-1001

PRO C E E DIN G S

going to take more than 15 -- more than 5 minutes.

So there's nobody here for Elecra and Wells

Everybody else is canceled.

8
9

So -- my judicial assistant
lS

canceled,
Oh,

Fargo.

said that our 9:30

which is a 45-minute hearing.

yeah.

Okay.

and then at 9:15,

So we'll start with yours

we'll break.

10

You guys are Gillespie,

11

MR.

12

T H.E COURT:

GILLESPIE:

Yes,

right?

ma'am.

All right.

We'll break and do

13

anybody else that's appearing telephonically

14

because we've got a

Mr.

little cushion there at

9:30.

Gillespie.

15

Okay.

16

MR.

17

THE COURT:

18

You have evidently just dropped off something

GILLESPIE:

Good morning,

Your Honor.

Good morning.

19

new this morning that I haven't had a

20

look at.

21

MR.

22

GILLESPIE:

chance to

That does not pertain to

today.

23

THE COURT:

24

MR.

25

you guys are probably

Gillespie;

THE COURT:

It does

GILLESPIE:

No.

not pertain to
That's a

a motion to compel discovery.

today?

courtesy copy of

THE COURT:

MR.

THE COURT:

Okay~

RODEMS:

And are

Yes,

you Mr.

ma'am.

Okay.

And,

Madam Court

Reporter,

your name?

THE COURT REPORTER:

THE COURT:

around I

just

Okay.

Mary Blazer.
So -- every time

turn

get something else on Gillespie.

take them in the order that

to my docket

we

So let's

they were

According

10

amended motion

11

that goes

12

If i t was a motion to disqualify,

13

verified or supported by affidavit,

14

have had to

rule on it,

15

disclose as

to political contributions,

16

treat

17

Rodems?

have a

set.

plaintiff's

for disclosure of conflict.

to me.

And

It is not a motion to disqualify.

but

which was

since

then

it's

would

request
I

did

to

not

i t as a motion to disqualify.
So under the Rules of Judicial Administration

18

if you want to file

19

need to do i t under the Rules of Judicial

20

Administration and then

21

But please be advised that

22

copied to me so that

23

expeditious

24

verified,

2S

i t has

a motion to disqualify me,

fashion.

which means

I'll

treat

that

it

has

could rule on
And i t has
it's a

that

to
it

you

way.

be courtesy
on

an

to be either

notarized motion,

to be supported by affidavit.

or

And in doing so -- gosh,

the

the cases,

name of

there's a

the case?

case out of South Florida,

ago,

proposition that political contributions

in and of

themselves are not disqualifying.

mean

"7

you want

things,

in that time frame,

you're welcome

MR.

GILLESPIE:

10

MR.

RODEMS:

13

THE COURT:
but

it's
MR.

But

judicial

the

if

type of

to do so.

Thank you,

If I

may,

What

is

it?

something like that,

RODEMS:

THE COURT:

17

All

18

wasn't Toys R Us.

19

Your Honor.

have brought copies

It's

not

isn't

Toys

R Us,

it?

MacKenzie versus Super Kids

That's Super Kids

could think of was Toys

MR.

20

action.

21

copy.

RODEMS:

It's a

THE COURT:

23

MR.

RODEMS:

All

Bargain Store.

R Us.

knew

it

Florida Supreme Court case

I ' l l be happy to give Mr.

22

25

for

Bargain Store.

16

24

that stands

ten years

of both of those cases.

14
15

probably about

to allege other extra

12

look at

is

11

If you'll

what

Gillespie a

right.

That's,

for

the

record,

565 So.2d

1332.
And I'm also gOlOg to give him Nathanson

6
1

versus Korvick,

943,

K-O-R-V-I-C-K,

which also addresses

that

THE COURT:

And in point in fact,

which

is

577

So.2d

topic.

Yeah.
even the

fellow

ultimately was able to prevail over for

for

from -- by preceding over his cases

years,

that instance he didn't want me

office 17 years ago,

that

when

I
ran

was only disqualified

and then only if he wanted me

for

three

to.

ln

And

to disqualify

10

myself because we had run a very clean campaign and

11

none of us had taken any personal

12

other's character or family or anything,

Anyway,

13

file

15

upon i t on an expeditious manner.

17

true motion to disqualify,

MR.

the

so

do the research and if you want

14

16

shots at

GILLESPIE:

All right.

then

I'll

Judge,

to
rule

can

speak?

18

THE COURT:

19

MR.

20

I'm not

Yes.

GILLESPIE:
looking

Thank you.
to disqualify you.

had read

21

the disclosure on your website and that prompted me

22

just to do a

23

contributions.

24

question.

25

not asking you to be disqualified on

little checking with the campaign

I

found a

couple that were

I'm aware of the law on that.

that.

in
So

I'm

1
2

fair

trial here,

concern.

that

to do with Mr.

to be his

past.

me.

intent to bring up some

And I
It's a

have a

copy of this

copy for you.

This

12

cellphone answering

13

And if you turn to page 7,

14

his

call

that Mr.

from the

for

you,

to

Judge.

this call

left

on my

December the 13th.

that's where

he makes

And i t goes -- the second paragraph,

second sentence;

is Mr.

Excuse me.

record.

(Off-the-record discussion.)

19

THE COURT:

20

MR.

21

says,

') ')

1n

the

and he says -- this

18

25

things

is

THE COURT:

24

believe is going

Rodems placed and

service on

It has

telephone call

17

23

1.

reference.

15

and now

And if you could turn -- by the way,

was

,~..

we get a

2,

1n part

Rodems's -- which

11

16

know,

That was my

fair hearing.

we've addressed the issues

10

you

And I'm more concerned with part

just want to make sure,

Okay.

GILLESPIE:

Off

the

Rodems.

Back on the record.

So at that time Mr.

"And you also filed claims against

Rodems
the

judge

Pinellas County."
And then he goes,

drafting a

"I

suspect

you're probably

complaint against me."

Without going through this whole phone message

that he left,

is

that he

part of the trial and -- or part of the

controversy.

what he's

And,

it,

but

I'm concerned

is going to want to bring this

And I

-- make this

went through here describing

referring to in this phone call.

in fact,

Bush on it.

Exhibit 2 is a

have the support of Governor

That would be Exhibit

telephone message

10

Governor's office on that.

11

letter from the Governor himself.

So -- and this

I'm sorry.

")

J.

from

the

And then Exhibit 3

lS

1998,

14

history to drudge up really what

15

And

16

Court because there's been enough problem in this

17

case already,

18

outset;

19

being able to handle this

So he's really going way back in the

1999.

is a

red herring.

I'm concerned that it doesn't prejudice the

and I

otherwise,

THE COURT:

just want to avoid that at the

I

am very confident

Okay.

So your concern about me

presiding over the case because of a

22

filed with the Court?

MR.

GILLESPIE:

Rodems

in the Court

fairly.

21

23

-- this matter dates back to

13

20

just ad hominem abusive rant

the only way to describe

12

this was

transcript you

Because of this matter that

24

Mr.

is referring to which involved an

25

election complaint to the Florida Elections

Commission about a

1999.
THE COURT:

3
4

wouldn't

the Court,
MR.

6
7

Okay.

So -- but obviously

know about this unless

which you

you

filed

i t with

have.
It's been

GILLESPIE:

THE COURT:

filed.

mean

So --

so -- but what does

i t have

to do with -- with Gillespie versus

10

Barker Rodems

11

MR.

12

It

13

for

& Cook?

GILLESPIE:

It has

should have nothing

whatever reason,
In fact,

14

nothing

to do with

is bringing

in his discovery --

to do

it.
it

he's

i t In his discovery and that would be

16

here,

17

Mr.

it.

Rodems,

asked about
in the motion

page 3.
THE COURT:

the

with

into the case.

15

18

before -

judge in Pinellas County in

Oh,

you guys

are

coming back on

5th?

19

MR.

20

THE COURT:

21

Oh,

RODEMS:

Yes,

ma'am.

You're coming back on

so we don't have to wade

22

everything

23

addressed.

today and make

the

5th?

through

sure everything

lS

24

How long do you have reserved on

the

25

MR.

total

RODEMS:

believe we

have a

5th?
of

10
1

three hours.

MR,

GILLESPIE:

MR.

RODEMS:

if

correctly -- eight or nine different motions

need to be addressed.
THE COURT:

All

right.

can do i t in five minutes.

the

Then for
In a

second half of the motion

GILLESPIE:

Just

to let

that

today then we

nutshell,

you

recall

set

for

what's
today?

the Court

know

MR.

10

that Mr.

11

attempting to blow this matter of an election

12

campaign complaint from 1999,

13

complaint.

14

don't have a problem with it.

Rodems

And

is going to be

Because as a

15

want to

jUdge,

bring that

just make

is

or attempts

into this

sure that

would think that

you

that

16

would be something that you would be

sensitive

17

about,

think fairly

18

for

even though i t was

resolved

all parties.

19

THE COURT:

20

Okay.

Well,

(Pause.)
if

you don't want me

21

of things

22

outside the courtroom setting,

23

file

24

be aw"are of them,

') c

want me to be aware of

LJ

There are probably --

Three hours.

to

that has been said exjudicially

transcripts

like this.

--

mean

you don't have to

If you do want me to

which evidently this

it

be aware

just

ask

one
them

you did
to hold.

11

So I mean you filed this.

1
2

concerned

Jury trial?
MR.

4
~)

far as

I'm

is this going to be a nonJury or a

GILLESPIE:

This one is going to

jury

trial.

THE COURT:

So especially in a

A Jury trial?
jury trial situation,

don't see how it would be relevant because it looks

like the comments made by counsel had more to do

10

with your -- he was speculating on why you might

11

have difficulty finding new counsel.

12

see that that would be something that would be

13

placed before a

14

attorney

15

relevant to any issue before a

MR.

16
17

GILLESPIE:

19

MR.
Mr.

GILLESPIE:

jury.

And it shouldn't be

relevant,

I agree with you.

But

Rodems is making it relevant.

And I'm just going to speculate for a moment,

that you're not real

23

this point.

25

just don't see how it would be

Yeah.

22

24

don't

Judge.
THE COURT:

21

And I

jury because normally an

well,

18

20

As

THE COURT:

familiar with this case at

Well,

I mean I

- I

review

everything that you - that you file and Mr.

Rodems

12
1

files,

do

conflict,

act upon it.

MR.

aware

another

review them in terms of

today on

it wasn't in the

GILLESPIE:

that

this.

filed

format

the

where

In other words,

And like
notice of
I

needed to

Judge,

this case has been transferred

are you

from

judge?
Yes,

THE COURT:

I do

know that

10

clerk hand delivers

11

reassigned to another division.

12

MR.

13

reassigned -

14

MR.

GILLESPIE:

RODEMS:

because the

them whenever they get

And the reason that

Your Honor,

at

this

15

object.

16

on the table is.

17

be doing or what may happen,

18

resolving today's matters.

And I

19

him giving his

he

20

In

i t was

point

We're going far afield of what

the motion

His speculations about

spin on what

i t ' s not

what

I may

necessary for

really object to

thinks

happening

lS

this case so far.

21

need to do something

said with the one where you

but In terms of --

THE COURT:

All right.

At

this

point,

22

9: 15.

23

and get the 9:15 -- the telephonics done.

i t is

So I'm going to take a break from your case

24

(Recessed from 9:19 a.m.

25

THE COURT:

All

right.

until

9:28 a.m.)

So back to

you guys.

13

What was the narrow thing we were doing

since you're coming back for several

5th?
MR.

4
5

was

about

the Court's husband,

might have.

what

Cook's

Mr.

Cook,

as

$150

11

said,

12

contributors.

13

Mr.

14

when he ran for

15

ago.

know,

payment to

have any social,

MR.

17

THE COURT:

MR.

20

THE COURT:

21

MR.

few

years

But we don't have any business,

GILLESPIE:

Thank you,

Cook.

Your Honor.

Uh-huh.

GILLESPIE:

And I

just want

22

reflect that I'm representing myself

23

necessity.

24

here.

2- ,)r'

hear something today or tomorrow.

assume

see.

family relationship with Mr.

19

political contribution

judge unsuccessfully a

GILLESPIE:

you

list of my husband's

Based upon your information

Cook gave my husband a

social or

Cook.

based upon what

I've never even read a

16

know

and what other relationship he

We -- we don't

far as

on the

wanted to

business or blood relationship with Mr.

10

18

Judge,

the defendant Mr.

THE COURT:

GILLESPIE:

hours

today

the

record to

today out of

would much rather have an attorney

And I'm still working on that.

And

I may

14

THE COURT:

1
2

Okay.

right.

MR.

GILLESPIE:

is

there

Rodems'

The only other matter would be

Mr.

matter from 1998,

permitted to do that,

Court's view of me.

attempt to bring into this

THE COURT:

want

1999,

Okay.

hearing this

and whether or not

and if that

Like

transcripts of it.

11

jury trial,

12

admissible and competent.

And

13

reviewing

14

at this moment how it would be

1 ~)IC

or competent.

if

stuff,

And i t would not

transcript,

So,

no,

you don't
don't

legally

just based upon

don't

don't

i t wouldn't have any effect.

that's

not

17

relevant and they -- and they disregard i t .

18

instance,

19

suppress

20

confession,

21

then we disregard i t in terms of what

22

on in the case.

23

perfectly capable of disregarding

24

incompetent

25

matter.

like in presiding over a motion

search or an

we preside over it,

So

see

legally admissible

Judges hear stuff all the time

an illegal

file

-- if i t ' s a

the evidence will be what's

that

he'll be

would affect the

said,

to bring in this extraneous

10

16

So

anything else you needed?

All

judges,

For

to

illegal
rule on

it,

goes

and
on later

including myself,

are

irrelevant or

information when presiJing over a

15
1

MR.

And with regard to his discovery questions

Judge.

relating to that specific incident,

complaints to the Florida Election Commission,

Judicial Qualifications Commission,

have to do with his law firm's

and fraud.

these items into the lawsuit.

address those as part of the discovery?

11

Again,

THE COURT:

MR.

13

THE COURT:

16

motion to compel,
MR.

none of which

breach of contract

guess we can

The hearing on the 5th of

Yes.

Okay.

Yes,

Judge.

If that's subject to a

then we'll address i t on the 5th.

GILLESPIE:

All

right.

Thank you,

THE COURT:
much.

Okay.

All

right.

Thank you very

Have a nice day.

19

MR.

20

THE COURT:

RODEMS:

Thank you,

Judge.

And you guys have already gone to

21

mediation and tried to resolve this without

') ')
LL.

litigation?

23

MR.

24

THE COURT:

2_J,

Your

Honor.

17
18

the

it's a red herring to bring

GILLESPIE:

12

14

he asked about

February?

15

Thank you,

10

GILLESPIE:

GILLESPIE:

No,

Okay.

Your Honor.
We'll wait and see.

said you think you have somebody else that's

You

16
1

considering
MR.

2
3
4

THE COURT:

MR.

THE COURT:

MR.

I've been

Oh,

the

ln

The

-- well,

lawyers are

lawyer

And

here's

looking

the

for

problem as

cases

11

this

case is below that.

12

is

financial

Well,

you wouldn't be
GILLESPIE:

it must

And the other matter is

what

19

an ad

20

that

referral

they can do.

in

the

it.

worth

part

be at

least

and
of i t

S15,000

court.

if

service has

--

if

about

the

newspaper and try and

--

the

exhausted

My next move would be

to

solicit

place
counsel

way.
THE COURT:

Well,

22

Pinellas

isn't that

23

referral

service.

24

MR.

are

see

Yes.

16

18

--

in circuit

MR.

Bar -- the

in damages,

So i t ' s

15

17

that

what

issue.

THE COURT:
or else

Service.

I've been getting

several hundred thousand dollars

')

the

referral?

10

<c J

with

Okay.

GILLESPIE:

would call

14

touch

Lawyer Referral

GILLESPIE:

21

GILLESPIE:

you?

Hillsborough County Bar Association.

13

representing

GILLESPIE:

suggested.

far

you could try

away,

Yes,

Pinellas,

if

they

have

that's

what

Hillsborough

17

THE COURT:

MR.

Yes.

The problem is with

that,

somebody to consider broadly.

one lawyer at a time hasn't -- hasn't provided

anything.

GILLESPIE:

they did?

i t ' s very inefficient going to one lawyer at

time rather than putting it out

there

for

Because going at

The other -- one lawyer that was

Oh,

it

going to take

the case specifically was concerned that once the

10

lawyer filed an appearance,

11

defendant is representing himself,

12

paying for

13

churn the case over and over and run the bill up,

14

and then you wouldn't let the lawyer representing

15

me out of the case resulting in a high

16

That was another concern.

17

that situation to me as involuntary servitude.

18

So

legal fees,

that because the

so they're

That

that they're not

just going to

legal bill.

lawyer described

19

(Court laughing.)

20

-- that was -- that was a problem there.

21

THE COURT:

Well,

I don't

22

in terms of your search for

23

know,

don t
1

legal counsel,

know,
you

can't give you any advice

24

MR.

25

THE COURT:

GILLESPIE:

understand.

beyond what the referral

but

18
1

MR.

THE COURT:

MR.

THE COURT:

(Concluded at

10

11

12

13

14

15

1 6

17

18

1. 9

20

21

22

23

24

25

service has already given you so

GILLESPIE:

Than k you,

Okay.

LTudge.

See you guys

Thank you,

RODEMS:

...

Thank you,

on

the

5th.

Judge.
Madam Court Reporter.

9:35 a.m.)

19

1
2

3
4
r'

COURT CERTIFICATE

6
7

STATE OF FLORIDA

COUNTY OF HILLSBOROUGH

9
10

MARY ELIZABETH BLAZER,

certify that

was

11

authorized to and did stenographically report the

12

foregoing proceedings and that the transcript is a true

13

record.

14

15
16
17
18
19
20

21
22
23
24
2 ~)

I,

Dated this 20th day of February,

l'"', ",' ~.,,' ,', ~;LI....~,,\'/~~), '-

"

2007.

-----,----M-iR-Y--E-crz-A-B-E-+-H-~B-CA-Z-E-R------------

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