Filing # 30083752 E-Filed 07/24/2015 04:24:25 PM

IN THE SUPREME COURT OF FLORIDA

STATE OF FLORIDA

NEIL J. GILLESPIE, ETC,

Petitioner pro se (nonlawyer),
CASE NO.: SC15-1145

Lower Tribunal No(s).: 5D15-340;

42-2013-CA-000115-CAAXXX

VS.
REVERSE MORTGAGE SOLUTIONS, INC,
Respondent.
_________________________________ /

Petitioners AMENDED Motion to Extend Time

Notice of Filing Title II Americans With Disabilities Act (ADA) request
1.

The Petitioner pro se, Neil J. Gillespie, an indigent/insolvent nonlawyer, unable to obtain

adequate counsel, a person with disabilities, and consumer of legal and court services affecting
interstate commerce, henceforth in the first person, moves to extend time, Fla. R. App. P.
9.300(a), and Fla. R. Jud. Admin. 2.514, and states:
2.

This Courts ORDER entered July 6, 2015 states in part,

We have not received the jurisdictional initial brief with appendix in accordance with
Florida Rule of Appellate Procedure 9. 120(d). Failure to file the above referenced
documents with this Court within fifteen days from the date of this order could result in
the imposition of sanctions, including dismissal of the petition for review.
Please understand that once this case is dismissed, it may not be subject to reinstatement.

3.

I incorporate my Motion To Extend Time filed July 21, 2015 here as if set forth in full.

4.

I hereby inform the Court that attorney David B. Sacks, Esq. declined to represent me.

5.

I give notice to the Court of an email response Thursday, July 23, 2015 at 8:25 AM by

Charles R. Crawford, Marshal of the Fifth District Court of Appeal on behalf of the Hon. Joanne
P. Simmons, Clerk, to my Title II Americans With Disabilities Act (ADA) accommodation

request submitted May 12, 2015. The email response (Exhibit 1) and accompanying letter of
Marshal Crawford dated June 9, 2015 (Exhibit 2) are attached to this motion.
6.

Due to the belated response of the Fifth District Court of Appeal to my Title II

Americans With Disabilities Act (ADA) accommodation request submitted May 12, 2015, I need
additional time to respond. Although certified mail to me is disrupted for reasons set forth in my
letter July 21, 2015 to the Hon. Joanne P. Simmons, Clerk, filed in this Court with my Motion to
Extend Time, and Notice of Filing Title II ADA accommodation request, the Fifth District Court
of Appeal could have simply emailed its response to me as was done yesterday, July 23, 2015.
7.

I have another case pending in the Second District Court of Appeal, Case 2D14-5388

with a response due July 30, 2015. (Exhibit 3). Within Case 2D14-5388, The Chief Inspector
General has referred Case # 201505200004 involving the Second District Court of Appeal, and
mishandling of this matter by Greg White, Inspector General, Office of Inspector General, State
Courts System, to Florida Supreme Court Chief Justice Jorge Labarga. Heather Robinson,
Operations Manager for the Office of the Chief Inspector General, provided a letter May 20,
2015 that appears at Exhibit 4 and states:
Dear Mr. Gillespie:
The Office of the Chief Inspector General received your complaint on May 20, 2015, in
which you expressed concerns about the handling of your case by the Supreme Courts,
Office of Inspector General.
Upon review of your information we have determined that the most appropriate official
to address your concerns is Florida Supreme Court Chief Justice, Jorge Labarga. You
may wish to contact Chief Justice Labarga by calling (850) 413-8371, or by writing to the
following address:
The Honorable Jorge Labarga, Chief Justice
Florida Supreme Court
500 South Duval Street
Tallahassee, FL 32399-1925
Thank you for bringing this matter to our attention.

8.

Furthermore, the Order entered May 28, 2015 Clerk James Birkhold (Exhibit 5) states,
The appellant's motion for extension of time is granted to the extent that the appellant
shall serve the initial brief, whether pro se or by retained counsel, within 30 days of this
order.
The appellant's request for appellate counsel is denied.

9.

On information and belief, The Clerks Order entered May 28, 2015 (Exhibit 5) exceeded

the statutory role and ministerial duty of a Clerk, and wrongly made judicial rulings, specifically:
The Clerk does not have jurisdiction to ignore/deny Chief Inspector General Case
#201505200004, which was referred to The Honorable Jorge Labarga, Chief Justice.
The Clerk does not have jurisdiction to deny this Courts response to my Title II ADA
Accommodation Request that shows justification for a counsel appointment.
The Clerk does not have jurisdiction to deny Other Grounds for Civil Counsel
Appointment, which requires judicial action.
10.

Therefore, The Clerks Order entered May 28, 2015 (Exhibit 5) is moot.

11.

It appears the Clerk, James Birkhold, entered an Order July 10, 2015 (Exhibit 6) stating:
Appellant's initial brief shall be served within 20 days or this appeal will be dismissed.

12.

Given the foregoing, and matters below, the Order of July 10, 2015 may be premature.

13.

This appeal is directed at the order of Judge James D. Arnold Oct-07-2014 (Exhibit 7),
ORDER DIRECTING CLERK OF COURT TO MAINTAIN COURT RECORDS
THIS CAUSE having come before the Court on the Plaintiffs Application for Order
requiring the Clerk of Court to deliver the court records in Case No. 05-CA-7205 and the
court having reviewed the court file and all the pleadings filed therein, it is therefore
ORDER AND ADJUDGED that the Plaintiffs Application for Order is denied. The Clerk
of Court is hereby directed to maintain the court records in the above style cause.
DONE AND ORDERED in Chambers, at Tampa, Hillsborough County, Florida this 7th
day of October, 2014.

14.

On July 22, 2015, Dale K. Bohner, Legal Counsel to the Clerk of the Circuit Court,

Hillsborough County, Florida, informed me by email of a serious breach of the record and case
docket in Case No. 05-CA-7205. Mr. Bohners email appears at Exhibit 8 and states:

Dear Mr. Gillespie,

This is the response to your July 17, 2015 public records request to the Clerk of the
Circuit Court, Hillsborough County, Florida for a certified copy of a document titled
Office of the Public Defenders Motion for Clarification in court record 05-CA-7205,
and a Clerks Determination of Indigency Status dated May 27, 2011 in the same court
record. You further state that you have forwarded an Amscot Money order in the amount
of $8.00 to cover the cost of the certified copies along with a UPS shipping envelope,
which we have now received.
Clerk staff has retrieved the court record for 05-CA-7205 from storage to comply with
your public records request. A review of the court record and docket indicates that the
Office of the Public Defenders Motion for Clarification is not filed in the court record
and it has not been entered in the docket. There is no explanation of why this document
was not filed or docketed in the court record. The motion is referenced in a subsequent
Order entered by the court. We have located the Clerks Determination of Indigency
Status and will provide you with a certified copy of that document. However, the Clerk
cannot make a certified copy of the motion because she does not have that document in
her custody. Upon request, the Clerk will provide you with documentation of these facts
to establish that she does not have the referenced motion in her custody and cannot make
a certified copy of the motion.
Regarding the payment of $8.00 for the two certified copies, we have elected to return
your payment of $8.00 rather than deposit your funds and issue a check to you for the
overpayment of $5.00 for the certified copy of the motion which the Clerk cannot
provide. The cost of receipting for and issuing return funds is more than the $3.00 cost of
the certified copy of the Clerks Determination of Indigency Status. You will not be
invoiced for that $3.00 cost.
Thank you.
Dale K. Bohner,
Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida
P.O. Box 1110, Tampa, FL 33601
(813) 307-7015
bohnerd@hillsclerk.com
15.

I responded to Mr. Bohner by email (Exhibit 9/without attachments) on Thursday, July 23,

2015 at 12:58 AM, and to Clerk Pat Frank, Joy Mestas, Doug Bakke, Dana Caranante, and Holly
Seidel, and wrote:
Dale K. Bohner,
Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida
P.O. Box 1110, Tampa, FL 33601
4

(813) 307-7015
bohnerd@hillsclerk.com
Mr. Bohner:
In response to your email, I accept your offer: "Upon request, the Clerk will provide you
with documentation of these facts to establish that she does not have the referenced
motion in her custody and cannot make a certified copy of the motion."
You wrote, "the Clerk cannot make a certified copy of the motion because she does not
have that document in her custody." You have the motion in your custody that I sent you
in paper format. Otherwise see attached section 71.011 Reestablishment of papers,
records, and files. Likewise, see section 71.031 Reestablishment of proceedings in
pending actions. This action is pending in the 2dDCA, Case Number: 2D14-5388 NonFinal Civil Other Notice from Hillsborough County.
Attached is a transcript of the June 1, 2011 hearing where Mike Peacock appeared and
argued his "Office of the Public Defenders Motion for Clarification". Please file this
transcript in the case immediately.
I need 4 additional records certified. Non-certified copies are attached for identification.
Clerks receipt for $50 (need certified copy), see composite of clerks determination
Court Minutes Jun-01-11 (need certified copy), see Docket page 23 case 05-CA-7205
ORDER PROHIBITING PLAINTIFF FROM APPEARING PRO SE (need certified copy)
ORDER RESCINDING WRIT OF BODILY ATTACHMENT (need certified copy)
You may deduct the cost of the above records from the $8.00 money order I sent, since
you waived the other certified record costs.
You wrote, "There is no explanation of why this document was not filed or docketed in
the court record.". Yes, there is an explanation: The public defender is trying to deny the
counsel appointment was made. See attached the email of attorney Nicole Hanscom July14-2015 failing to provide public records, and attached 30 page composite record request
and supporting documents.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
Email: neilgillespie@mfi.net

16.

I sent a follow-up email to Mr. Bohner (Exhibit 10/without attachments) on Thursday, July

23, 2015 at 11.54 AM, and to Clerk Pat Frank, Joy Mestas, Doug Bakke, Dana Caranante, and
Holly Seidel, and wrote:
Dale K. Bohner,
Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida
P.O. Box 1110, Tampa, FL 33601
(813) 307-7015
bohnerd@hillsclerk.com
RE: June 1, 2011 hearing transcript, and Office of the Public Defenders Motion for
Clarification, also filed in U.S. District Court, Middle District of Florida, Ocala Division
Mr. Bohner:
The missing public defender motion of June 1, 2011, and the original transcript of the
hearing June 1, 2011, are filed in U.S. District Court, Middle District of Florida, Ocala
Division, Case No. 5:10-cv-00503-WTH-TBS.
Please find attached the notice of filing original transcripts, 2 pages, part of a 33 page
composite.
Case 5:10-cv-00503-WTH-TBS Document 41 Filed 07/15/11 Page 1 of 2 PageID 1371
Doc 41 PACER TRANSCRIPT hearing June 1, 2011 public defender motion 33p
The actual transcripts are filed but do not appear on the federal courts PACER, public
access to court electronic records. However the transcript company, Berryhill &
Associates, Inc., can provide Hillsborough what is needed to file, according to my
discussion with them yesterday.
Also see Doc 33 PACER Public Defender Motion etc composite 5p
The Office of the Public Defenders Motion for Clarification was filed as Exhibit 3 to
Plaintiffs Motion to Strike or Set Aside Mr. Rodems Notice of Assignment of Claims and
Motion for Dismissal of Action with Prejudice, and Motion to Strike or Set Aside
Settlement Agreement and General Mutual Release. The motion (Doc 33) is 132 pages
with exhibits, see PACER:
Case 5:10-cv-00503-WTH-DAB Document 33 Filed 06/30/11 Page 1 of 33 PageID 604
See attached Exhibit 3, Office of the Public Defenders Motion for Clarification (3 pages)
Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 18 of 99 PageID 654
Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 19 of 99 PageID 655
Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 20 of 99 PageID 656
See attached Exhibit 4, Order Relieving the Office of the Public Defender of the Thirteenth
Judicial Circuit from Representation of Plaintiff Neil J. Gillespie (1 page)
6

Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 21 of 99 PageID 657

See attached Exhibit 5, Writ of Bodily Attachment
Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 22 of 99 PageID 658
Thank you for your consideration.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
Email: neilgillespie@mfi.net
17.

I received by UPS delivery late yesterday July 23, 2015 from Mr. Bohner:
Letter dated July 22, 2015 Re: Public Records Request-July 17, 2015. (Exhibit 11)
Certified copy of the Clerks Determination May 27, 2011. (Exhibit 12)
Returned $8.00 money order sent to Clerk Pat Frank for payment of public records.

18.

Conclusion.
The Fifth District Court of Appeal provided a belated response July 23, 2015 to my Title

II ADA Accommodation Request, requiring additional time to respond. (Exhibits 1 & 2)

The Clerk of Second District Court of Appeal has exceeded his statutory and ministerial
duty to act as a judge instead, requiring additional time to respond in 2D14-5388. (Exhibit 5)
On July 22, 2015, Dale K. Bohner, Legal Counsel to Clerk Pat Frank of the Circuit Court,
Hillsborough County, Florida, informed me by email of a serious breach of the record and case
docket in Case No. 05-CA-7205, that calls into question the security of its internal systems, and
the credibility of Julianne M. Holt, Public Defender of the 13th Judicial Circuit. This matter is
unfolding, and I may have additional information to provide Mr. Bohner. (Exhibit 8)
A related breach involving Clerk Pat Frank of the Circuit Court, Hillsborough County,
Florida, and Ryan Christopher Rodems, is the failure of Jeff Atwater, Chief Financial Officer to
provide public records requested December 18, 2014. (Exhibit 13). Tracking number 165758.

Clerk Pat Frank has not adequately explained how Mr. Rodems was able to compromise the
security of the Clerks financial records.
WHEREFORE, I respectfully move the Court to extend time for 60 days to file a motion
for counsel appointment, and other such just relief as the Court may grant.
RESPECTFULLY SUBMITTED July 24, 2015.

Neil J. Gillespie, petitioner pro se

8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Certificate of Service
I hereby certify that today July 24, 2015 I served the forgoing Petitioners AMENDED
Motion to Extend Time, and Notice of Filing Title II Americans With Disabilities Act (ADA)
accommodation request to the following names on the Florida E-filing Portal:
Jeff Atwater, CFO, Jeff.Atwater@myfloridacfo.com
Hon. Joanne P. Simmons, Clerk Fifth District Court of Appeal
Email: simmonsj@flcourts.org
Hon. James Birkhold, Clerk Second District Court of Appeal
Email: Birkholj@flcourts.org
Tami McCarroll, Chief Deputy Clerk
Email: mccarrot@flcourts.org
Hon. Pat Frank, Clerk of the Circuit Court, Hillsborough County, Florida
Email: frankp@hillsclerk.com
Dale K. Bohner, Legal Counsel to the Hon. Pat Frank, Clerk
Email: bohnerd@hillsclerk.com
Curtis Alan Wilson
Email: MRService@mccallaraymer.com
Email: spr@mccallaraymer.com
Email: gal@mccallaraymer.com

Neil J. Gillespie, petitioner pro se

8

Appendix of Exhibits
CASE NO.: SC15-1145
Petitioners AMENDED Motion to Extend Time
Notice of Filing Title II Americans With Disabilities Act (ADA) request
Exhibit 1

Email July 23, 2015 of email Charles R Crawford, Marshal

Exhibit 2

ADA response letter June 9, 2015 of Charles R Crawford, Marshal

Exhibit 3

Case docket 2D14-5388 (11.59pm) Jul-22-15

Exhibit 4

Letter May 20, 2015 Heather Robinson for Chief Inspector General Miguel

Exhibit 5

Clerk Birkholds Order May-28-2015, granted EOT, denied counsel, ignored CIG

Exhibit 6

Clerk Birkholds Order June 10, 2015 Case No. 2D14-5388

Exhibit 7

ORDER Judge James D. Arnold, denied Application for Order October 7, 2014

Exhibit 8

Email July 22, 2015 of Dale Bohner, Counsel to Clerk Pat Frank to Neil Gillespie

Exhibit 9

Email1 July 23, 2015 of Neil Gillespie to Dale Bohner, Counsel to Clerk Pat Frank

Exhibit 10

Email2 July 23, 2015 of Neil Gillespie to Dale Bohner, Counsel to Clerk Pat Frank

Exhibit 11

Letter July 22, 2015 of Dale Bohner, Counsel to Clerk Pat Frank to Neil Gillespie

Exhibit 12

Certified copy of the Clerks Determination May 27, 2011 in Case 05-CA-7205

Exhibit 13

Email Dec-18-2014 records request Jeff Atwater, Chief Financial Officer

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

"Charles Crawford" <crawfordc@flcourts.org>

"'Neil Gillespie'" <neilgillespie@mfi.net>
Thursday, July 23, 2015 8:25 AM
Neil J. Gillespie.pdf
ADA

Mr. Gillespie,

The attached letter regarding your ADA request was sent to you via certified letter on June 9,
2015. It was recently returned to me as undeliverable. I have attached a scanned copy of the
letter for your information.

Sincerely

Charles R. Crawford, Marshal

Fifth District Court of Appeal
300 S. Beach Street
Daytona Beach, FL 32114

1
7/24/2015

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THOMAS D. SAWAYA
WILLIAM D. PALMER
RICHARD B. ORFINGER
C. ALAN LAWSON
KERRY I. EVANDER
JAY P.COHEN
WENDY W. BERGER
F. RAND WALLIS
BRIAN D. LAMBERT
JAMES A. EDWARDS

DISTRICT COURT OF APPEAL

FIFTH DISTRICT

CHARLES R. CRAWFORD
MARSHAL

300 SOUTH BEACH STREET

DAYTONA BEACH, FLORIDA 32114
386.947.1500 COURT
386.255.8600 CLERK

JUDGES

June 9, 2015
Neil J. Gillespie
8092 SW 115th Loop
. Ocala, FL 34481
Re: ADA Grievance
Mr. Gillespie:
On May 12, 2015, I received a request for ADA accommodation from you via e-mail. Ms.
Joanne Simmons, the Clerk of the Court was copied on that e-mail and responded almost
immediately; once again explaining the correct way for you to file the required documents. In
that correspondence you made the following non-specific request for accommodation:
I was/am determined totally disabled by Social Security. I want an accommodation
appropriate to my particular situation an individualized inquiry made on a case-by-case
basis that will allow my case to be decided on the MERITS and not DISMISSED
because I cannot do what is needed because of disability, mental impairment, or
criminality of a bad judge.
Subsequent to receiving your request I learned that you have no cases pending before this
Court. It is my understanding that Ms. Simmons and her predecessor Ms. Masters
exchanged a number of communications with you concerning your cases(s) and that they
were dismissed after you failed to respond within the necessary time limits.
As you have no cases pending before the Fifth District Court of Appeal, there is no ADA
accommodation that can be provided to you.
Best regards .

. //

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C~d
Charles R.
Marshal

cc:

Debra G. Howells, State Courts ADA Coordinator

FAX NUMBER 386.947.3443
E MAIL ADDRESS 5DCA@FLCOURTS.ORG

http://199.242.69.70/pls/ds/ds_docket

Case Number: 2D14-5388

Non-Final Civil Other Notice from Hillsborough County

NEIL J. GILLESPIE vs. BARKER, RODEMS & COOK, P. A., ET AL.,

Lower Tribunal Case(s): 05-CA-7205

Right-click to copy shortcut directly to this page

07/22/2015 11:59

Date
Docketed
11/19/2014
11/19/2014

11/24/2014
12/05/2014

Description
Notice of Appeal Filed
LOWER TRIBUNAL
TRANSMITTAL COVER
SHEET
Affidavit
order appealed
LOWER TRIBUNAL
INSOLVENCY
LOWER TRIBUNAL
TRANSMITTAL COVER
SHEET
Miscellaneous Order
OBJECTION

12/05/2014

Notice

12/11/2014

Deny Miscellaneous
Motion-79a
Order for Immediate Filing 05/20/2015
of Brief
Mot. for Extension of time to
Neil J. Gillespie
file Initial Brief
ALL OTHER MOTIONS
Neil J. Gillespie
APPENDIX/ATTACHMENT
ALL OTHER MOTIONS
Neil J. Gillespie
APPENDIX/ATTACHMENT
ORDER GRANTING EOT 06/27/2015
FOR INITIAL BRIEF
Deny Miscellaneous
Motion-79a

11/19/2014
11/20/2014
11/21/2014
11/21/2014

04/30/2015
05/20/2015
05/20/2015
05/20/2015
05/28/2015
05/28/2015

Date Due Filed By

Neil J. Gillespie

Notes

OF INSOLVENCY - NOT RULED ON

Neil J. Gillespie
Neil J. Gillespie

JB
NOTICE OF OBJECTION TO THE
2dDCA HEARING THIS CAUSE
NOTICE OF COMPLIANCE WITH
RULE 2.516 AND DESIGNATION OF
E-MAIL ADDRESS
JT-to change tribunal(mot contained
within 12/5/14 notice of objection)
JB-IB(20) or dism

Appendix Volume No. 1 (Rule 9.220, Fla.

R. App. P.)
Appendix Volume No. 2 (Rule 9.220, Fla.
R. App. P.)
JT
JT-AA's request for appellate counsel
contained within AA's mot for eot

http://199.242.69.70/pls/ds/ds_docket

Date
Docketed
07/10/2015

Description
Order for Immediate Filing
of Brief

Date Due Filed By

07/30/2015

Notes
JB-IB(20) or dism

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

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

July 10, 2015

CASE NO.: 2D14-5388

L.T. No. : 05-CA-7205
Neil J. Gillespie
Appellant / Petitioner(s),

v.

Barker, Rodems & Cook, P. A., Et AI.,

Appellee / Respondent(s).

BY ORDER OF THE COURT:

Appellant's initial brief shall be served within 20 days or this appeal will be
dismissed.
I HEREBY CERTIFY that the foregoing is a true copy of the original court order.

Served:
Ryan Christopher Rodems, Esq.
Neil J. Gillespie
ec

William J. Cook
Pat Frank, Clerk

Barker, Rodems & Cook, P A

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May 20,2015

Mr. Neil Gillespie

8092 S.W. 115th Loop
Ocala, FL 34481

RE:

Chief Inspector General Case # 201505200004

Dear Mr. Gillespie:

The Office of the Chief Inspector General received your complaint on May 20, 2015, in
which you expressed concerns about the handling of your case by the Supreme Courts, Office of
Inspector General.
Upon review of your information we have determined that the most appropriate official to
address your concerns is Florida Supreme Court Chief Justice, Jorge Labarga. You may wish to
contact Chief Justice Labarga by calling (850) 413-8371, or by writing to the following address:

The Honorable Jorge Labarga, Chief Justice

Florida Supreme Court

500 South Duval Street

Tallahassee, FL 32399-1925

Thank you for bringing this matter to our attention.

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

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

May 28,2015

CASE NO.: 2D14-5388

L.T. No. : 05-CA-7205
Neil J. Gillespie
Appellant / Petitioner(s),

v.

Barker, Rodems & Cook, P. A., Et AI.,

Appellee / Respondent(s).

BY ORDER OF THE COURT:

The appellant's motion for extension of time is granted to the extent that the
appellant shall serve the initial brief, whether pro se or by retained counsel, within 30
days of this order.
The appellant's request for appellate counsel is denied.
I HEREBY CERTIFY that the foregoing is a true copy of the original court order.

Served:
Ryan Christopher Rodems, Esq.
Neil J. Gillespie

William J. Cook
Pat Frank, Clerk

Barker, Rodems & Cook, P A

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

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

July 10, 2015

CASE NO.: 2D14-5388

L.T. No. : 05-CA-7205
Neil J. Gillespie
Appellant / Petitioner(s),

v.

Barker, Rodems & Cook, P. A., Et AI.,

Appellee / Respondent(s).

BY ORDER OF THE COURT:

Appellant's initial brief shall be served within 20 days or this appeal will be
dismissed.
I HEREBY CERTIFY that the foregoing is a true copy of the original court order.

Served:
Ryan Christopher Rodems, Esq.
Neil J. Gillespie

William J. Cook
Pat Frank, Clerk

Barker, Rodems & Cook, P A

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8092 S W 115Th Loop
Ocala, FL 34481

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IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

GENERAL CIVIL DIVISION

NEIL J. GILLESPIE,

Plaintiff,
Vs.

Case No. OS-CA-720S

Division: "J"

BARKER, RODEMS & COOK, P.A. and

WILLIAM J. COOK,
Defendants.

--------------~/
ORDER DIRECTING CLERK OF COURT TO MAINTAIN COURT RECORDS
THIS CAUSE having come before the Court on the Plaintiffs Application for Order requiring
the Clerk of Court to deliver the court records in Case No. OS-CA-720S and the court having reviewed the
court file and all the pleadings filed therein, it is therefore
ORDER AND ADJUDGED that the Plaintiffs Application for Order is denied. The Clerk of
Court is hereby directed to maintain the court records in the above style cause.
th
DONE AND ORDERED in Chambers, at Tampa, Hillsborough County, Florida this 7 day of
October, 2014.

JAMES D. ARNOLD, Circuit Judge

Copies furnished to:
Neil J. Gillespie
th
8092 SW 11S Loop
Ocala, Florida 34481
Barker & Cook, P.A.
SOl East Kennedy Blvd., Suite 790
Tampa, FL. 33602
Ryan Christopher Rodems, Esquire
Morgan & Morgan, P.A.
20 N. Orange Avenue
Orlando, FL. 32801

ORIGINAL SIGNED
C~r'T
~

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JAMES D. ARNOLD
CIRCUIT JUDGE

William J. Cook, Esquire

SOl East Kennedy Blvd., Suite 790
Tampa, FL. 33602
Pat Frank, Clerk of Court

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8092 SW 115 th Loop
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Page 1 of 2

Neil Gillespie
From:
To:
Cc:
Sent:
Subject:

"Bohner, Dale" <bohnerd@hillsclerk.com>

"Neil Gillespie" <neilgillespie@mfi.net>
"Frank, Pat" <Frankp@hillsclerk.com>; "Seidel, Holly" <holly.seidel@hillsclerk.com>; "Seidel, Holly"
<holly.seidel@hillsclerk.com>
Wednesday, July 22, 2015 11:05 AM
RE: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015

Dear Mr. Gillespie,

This is the response to your July 17, 2015 public records request to the Clerk of the Circuit
Court, Hillsborough County, Florida for a certified copy of a document titled Office of the Public
Defenders Motion for Clarification in court record 05-CA-7205, and a Clerks Determination of
Indigency Status dated May 27, 2011 in the same court record. You further state that you have
forwarded an Amscot Money order in the amount of $8.00 to cover the cost of the certified copies along
with a UPS shipping envelope, which we have now received.
Clerk staff has retrieved the court record for 05-CA-7205 from storage to comply with your
public records request. A review of the court record and docket indicates that the Office of the Public
Defenders Motion for Clarification is not filed in the court record and it has not been entered in the
docket. There is no explanation of why this document was not filed or docketed in the court record. The
motion is referenced in a subsequent Order entered by the court. We have located the Clerks
Determination of Indigency Status and will provide you with a certified copy of that document.
However, the Clerk cannot make a certified copy of the motion because she does not have that document
in her custody. Upon request, the Clerk will provide you with documentation of these facts to establish
that she does not have the referenced motion in her custody and cannot make a certified copy of the
motion.
Regarding the payment of $8.00 for the two certified copies, we have elected to return your
payment of $8.00 rather than deposit your funds and issue a check to you for the overpayment of $5.00
for the certified copy of the motion which the Clerk cannot provide. The cost of receipting for and
issuing return funds is more than the $3.00 cost of the certified copy of the Clerks Determination of
Indigency Status. You will not be invoiced for that $3.00 cost.
Thank you.

Dale K. Bohner,
Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida
P.O. Box 1110, Tampa, FL 33601
(813) 307-7015
bohnerd@hillsclerk.com
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
CONFIDENTIALITY NOTICE: The information contained in this email message is intended for the personal and confidential use of the
recipient(s) designated above. This message may contain information that is privileged, confidential and exempt from disclosure under
applicable law and any unauthorized or inadvertent use, receipt, disclosure, dissemination or distribution of such information shall not waive
any such privilege. If you are not an intended recipient of this message, and/or you have received this message in error, then please notify the
sender at (813) 307-7015. Any unauthorized and/or unintended review, use, dissemination, distribution or reproduction of this message, or
any of the information contained in it, is strictly prohibited.

8
7/23/2015

Page 2 of 2

From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Monday, July 20, 2015 7:00 PM
To: Bohner, Dale; Frank, Pat; Joy Mestas; Caranante, Dana; Bakke, Doug; Seidel, Holly
Cc: Neil Gillespie
Subject: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July 21-2015

7/23/2015

Page 1 of 3

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Bohner, Dale" <bohnerd@hillsclerk.com>; "Pat Frank" <frankp@hillsclerk.com>; "Joy Mestas"
<Mestas@hillsclerk.com>; "Doug Bakke" <bakke@hillsclerk.com>; "Dana Caranante"
<Caranant@hillsclerk.com>
"Frank, Pat" <Frankp@hillsclerk.com>; "Seidel, Holly" <holly.seidel@hillsclerk.com>; "Neil Gillespie"
<neilgillespie@mfi.net>
Thursday, July 23, 2015 12:58 AM
71.011 Reestablishment of papers, records, and files.pdf; Clerk's receipt for $50 (need certified copy),
composite of clerk's determination.pdf; Case docket 2D14-5399 (11.59pm) Jul-22-15.pdf; Court
Minutes Jun-01-11 (need certified copy), see Docket page 23 case 05-CA-7205.pdf; ORDER
PROHIBITING PLAINTIFF FROM APPEARING PRO SE (need certified copy).pdf; ORDER
RESCINDING WRIT OF BODILY ATTACHMENT (need certified copy).pdf; TRANSCRIPT Judge
Arnold hearing MIKE PEACOCK Jun-01-2011 in 05-CA-7205.pdf; Email of Nicole Hanscom July-142015 claims Gillespie not a client 30p.pdf; 71.031 Reestablishment of proceedings in pending
actions.pdf
Re: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015

Dale K. Bohner,
Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida
P.O. Box 1110, Tampa, FL 33601
(813) 307-7015
bohnerd@hillsclerk.com
Mr. Bohner:
In response to your email, I accept your offer: "Upon request, the Clerk will provide you with
documentation of these facts to establish that she does not have the referenced motion in her custody and
cannot make a certified copy of the motion."
You wrote, "the Clerk cannot make a certified copy of the motion because she does not have that
document in her custody." You have the motion in your custody that I sent you in paper format.
Otherwise see attached section 71.011 Reestablishment of papers, records, and files. Likewise, see
section 71.031 Reestablishment of proceedings in pending actions. This action is pending in the 2dDCA,
Case Number: 2D14-5388 Non-Final Civil Other Notice from Hillsborough County.
Attached is a transcript of the June 1, 2011 hearing where Mike Peacock appeared and argued his
"Office of the Public Defenders Motion for Clarification". Please file this transcript in the case
immediately.
I need 4 additional records certified. Non-certified copies are attached for identification.
Clerks receipt for $50 (need certified copy), see composite of clerks determination
Court Minutes Jun-01-11 (need certified copy), see Docket page 23 case 05-CA-7205
ORDER PROHIBITING PLAINTIFF FROM APPEARING PRO SE (need certified copy)
ORDER RESCINDING WRIT OF BODILY ATTACHMENT (need certified copy)
You may deduct the cost of the above records from the $8.00 money order I sent, since you waived the
other certified record costs.
You wrote, "There is no explanation of why this document was not filed or docketed in the court

9
7/23/2015

Page 2 of 3

record.". Yes, there is an explanation: The public defender is trying to deny the counsel appointment was
made. See attached the email of attorney Nicole Hanscom July-14-2015 failing to provide public
records, and attached 30 page composite record request and supporting documents.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Bohner, Dale
To: Neil Gillespie
Cc: Frank, Pat ; Seidel, Holly ; Seidel, Holly
Sent: Wednesday, July 22, 2015 11:05 AM
Subject: RE: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015

Dear Mr. Gillespie,

This is the response to your July 17, 2015 public records request to the Clerk of the Circuit
Court, Hillsborough County, Florida for a certified copy of a document titled Office of the Public
Defenders Motion for Clarification in court record 05-CA-7205, and a Clerks Determination of
Indigency Status dated May 27, 2011 in the same court record. You further state that you have
forwarded an Amscot Money order in the amount of $8.00 to cover the cost of the certified copies
along with a UPS shipping envelope, which we have now received.
Clerk staff has retrieved the court record for 05-CA-7205 from storage to comply with your
public records request. A review of the court record and docket indicates that the Office of the Public
Defenders Motion for Clarification is not filed in the court record and it has not been entered in the
docket. There is no explanation of why this document was not filed or docketed in the court record.
The motion is referenced in a subsequent Order entered by the court. We have located the Clerks
Determination of Indigency Status and will provide you with a certified copy of that document.
However, the Clerk cannot make a certified copy of the motion because she does not have that
document in her custody. Upon request, the Clerk will provide you with documentation of these facts
to establish that she does not have the referenced motion in her custody and cannot make a certified
copy of the motion.
Regarding the payment of $8.00 for the two certified copies, we have elected to return your
payment of $8.00 rather than deposit your funds and issue a check to you for the overpayment of $5.00
for the certified copy of the motion which the Clerk cannot provide. The cost of receipting for and
issuing return funds is more than the $3.00 cost of the certified copy of the Clerks Determination of
Indigency Status. You will not be invoiced for that $3.00 cost.
Thank you.

Dale K. Bohner,
Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida

7/23/2015

Page 3 of 3

P.O. Box 1110, Tampa, FL 33601

(813) 307-7015
bohnerd@hillsclerk.com
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
CONFIDENTIALITY NOTICE: The information contained in this email message is intended for the personal and confidential use of the
recipient(s) designated above. This message may contain information that is privileged, confidential and exempt from disclosure under
applicable law and any unauthorized or inadvertent use, receipt, disclosure, dissemination or distribution of such information shall not waive
any such privilege. If you are not an intended recipient of this message, and/or you have received this message in error, then please notify
the sender at (813) 307-7015. Any unauthorized and/or unintended review, use, dissemination, distribution or reproduction of this message,
or any of the information contained in it, is strictly prohibited.

From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Monday, July 20, 2015 7:00 PM
To: Bohner, Dale; Frank, Pat; Joy Mestas; Caranante, Dana; Bakke, Doug; Seidel, Holly
Cc: Neil Gillespie
Subject: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July 212015

7/23/2015

Page 1 of 3

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Bohner, Dale" <bohnerd@hillsclerk.com>; "Pat Frank" <frankp@hillsclerk.com>; "Joy Mestas"
<Mestas@hillsclerk.com>; "Dana Caranante" <Caranant@hillsclerk.com>; "Doug Bakke"
<bakke@hillsclerk.com>
"Frank, Pat" <Frankp@hillsclerk.com>; "Seidel, Holly" <holly.seidel@hillsclerk.com>; "Neil Gillespie"
<neilgillespie@mfi.net>
Thursday, July 23, 2015 11:54 AM
Doc 41 PACER TRANSCRIPT hearing June 1, 2011 public defender motion 33p.pdf; Doc 33 PACER
Public Defender Motion etc composite 5p.pdf
Re: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015

Dale K. Bohner,
Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida
P.O. Box 1110, Tampa, FL 33601
(813) 307-7015
bohnerd@hillsclerk.com
RE: June 1, 2011 hearing transcript, and Office of the Public Defenders Motion for Clarification, also
filed in U.S. District Court, Middle District of Florida, Ocala Division
Mr. Bohner:
The missing public defender motion of June 1, 2011, and the original transcript of the hearing June 1,
2011, are filed in U.S. District Court, Middle District of Florida, Ocala Division, Case No. 5:10-cv00503-WTH-TBS.
Please find attached the notice of filing original transcripts, 2 pages, part of a 33 page composite.
Case 5:10-cv-00503-WTH-TBS Document 41 Filed 07/15/11 Page 1 of 2 PageID 1371
Doc 41 PACER TRANSCRIPT hearing June 1, 2011 public defender motion 33p
The actual transcripts are filed but do not appear on the federal courts PACER, public access to court
electronic records. However the transcript company, Berryhill & Associates, Inc., can provide
Hillsborough what is needed to file, according to my discussion with them yesterday.
Also see Doc 33 PACER Public Defender Motion etc composite 5p
The Office of the Public Defenders Motion for Clarification was filed as Exhibit 3 to Plaintiffs Motion
to Strike or Set Aside Mr. Rodems Notice of Assignment of Claims and Motion for Dismissal of Action
with Prejudice, and Motion to Strike or Set Aside Settlement Agreement and General Mutual Release.
The motion (Doc 33) is 132 pages with exhibits, see PACER:
Case 5:10-cv-00503-WTH-DAB Document 33 Filed 06/30/11 Page 1 of 33 PageID 604
See attached Exhibit 3, Office of the Public Defenders Motion for Clarification (3 pages)
Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 18 of 99 PageID 654
Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 19 of 99 PageID 655
Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 20 of 99 PageID 656
See attached Exhibit 4, Order Relieving the Office of the Public Defender of the Thirteenth Judicial

10
7/23/2015

Page 2 of 3

Circuit from Representation of Plaintiff Neil J. Gillespie (1 page)

Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 21 of 99 PageID 657
See attached Exhibit 5, Writ of Bodily Attachment
Case 5:10-cv-00503-WTH-DAB Document 33-1 Filed 06/30/11 Page 22 of 99 PageID 658
Thank you for your consideration.
Sincerely,
Neil Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Tel. (352) 854-7807
Email: neilgillespie@mfi.net
----- Original Message ----From: Bohner, Dale
To: Neil Gillespie
Cc: Frank, Pat ; Seidel, Holly ; Seidel, Holly
Sent: Wednesday, July 22, 2015 11:05 AM
Subject: RE: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July
21-2015

Dear Mr. Gillespie,

This is the response to your July 17, 2015 public records request to the Clerk of the Circuit
Court, Hillsborough County, Florida for a certified copy of a document titled Office of the Public
Defenders Motion for Clarification in court record 05-CA-7205, and a Clerks Determination of
Indigency Status dated May 27, 2011 in the same court record. You further state that you have
forwarded an Amscot Money order in the amount of $8.00 to cover the cost of the certified copies
along with a UPS shipping envelope, which we have now received.
Clerk staff has retrieved the court record for 05-CA-7205 from storage to comply with your
public records request. A review of the court record and docket indicates that the Office of the Public
Defenders Motion for Clarification is not filed in the court record and it has not been entered in the
docket. There is no explanation of why this document was not filed or docketed in the court record.
The motion is referenced in a subsequent Order entered by the court. We have located the Clerks
Determination of Indigency Status and will provide you with a certified copy of that document.
However, the Clerk cannot make a certified copy of the motion because she does not have that
document in her custody. Upon request, the Clerk will provide you with documentation of these facts
to establish that she does not have the referenced motion in her custody and cannot make a certified
copy of the motion.
Regarding the payment of $8.00 for the two certified copies, we have elected to return your
payment of $8.00 rather than deposit your funds and issue a check to you for the overpayment of $5.00
for the certified copy of the motion which the Clerk cannot provide. The cost of receipting for and
issuing return funds is more than the $3.00 cost of the certified copy of the Clerks Determination of
Indigency Status. You will not be invoiced for that $3.00 cost.
Thank you.

7/23/2015

Page 3 of 3

Dale K. Bohner,
Legal Counsel to the Clerk of the Circuit Court,
Hillsborough County, Florida
P.O. Box 1110, Tampa, FL 33601
(813) 307-7015
bohnerd@hillsclerk.com
Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.
CONFIDENTIALITY NOTICE: The information contained in this email message is intended for the personal and confidential use of the
recipient(s) designated above. This message may contain information that is privileged, confidential and exempt from disclosure under
applicable law and any unauthorized or inadvertent use, receipt, disclosure, dissemination or distribution of such information shall not waive
any such privilege. If you are not an intended recipient of this message, and/or you have received this message in error, then please notify
the sender at (813) 307-7015. Any unauthorized and/or unintended review, use, dissemination, distribution or reproduction of this message,
or any of the information contained in it, is strictly prohibited.

From: Neil Gillespie [mailto:neilgillespie@mfi.net]

Sent: Monday, July 20, 2015 7:00 PM
To: Bohner, Dale; Frank, Pat; Joy Mestas; Caranante, Dana; Bakke, Doug; Seidel, Holly
Cc: Neil Gillespie
Subject: Payment in advance for RECORDS $8 to Clerk Pat Frank shipped July-20-2015 for delivery July 212015

7/23/2015

July 22,2015

VIA UPS TRACKING NO. lZ 645 89F 90 9137 2861

Neil Gillespie
8092 SW 115 th Loop
Ocala, Florida 34481
Re: Public Records Request- July 17,2015

Dear Mr. Gillespie,

This is the response to your July 17, 2015 public records request to the Clerk of the
Circuit Court, Hillsborough County, Florida for a certified copy of a document titled "Office of
the Public Defender's Motion for Clarification" in court record 05-CA-7205, and a Clerk's
Determination of Indigency Status" dated May 27, 2011 in the same court record. You further
state that you have forwarded an Amscot money order in the amount of $8.00 to cover the cost of
the certified copies along with a UPS shipping envelope.

Clerk staff has retrieved the court record for 05-CA-7205 from storage to comply with
your public records request. A review of the court record and docket indicates that the Office of
the Public Defender's Motion for Clarification is not filed in the court record and it 11as not been
entered in the docket. There is no explanation of why this document was not filed or docketed in
the court record. The motion is referenced in a subsequent Order entered by the court. We have
located the Clerk's Determination of Indigency Status and will provide you with a certified copy
of that document. However, the Clerk cannot make a certified copy of the motion because she
does not have that document in her custody. Upon request, the Clerk will provide you with
601 East Kennedy Boulevard P.O. Box 1110 Tampa, Florida 33601-1110 Telephone 813.276.8100
An Affirmative Action - Equal Opportunity Employer

11

documentation of these facts to establish that she does not have the referenced motion in her
custody and cannot make a certified copy of the motion.

Regarding the payment of $8.00 for the two certified copies, we have elected to return
your payment of $8.00 rather than deposit your funds and issue a check to you for the
overpayment of $5.00 for the certified copy of the motion which the Clerk cannot provide. The
cost of receipting for and issuing return funds is more than the $3.00 cost of the certified copy of
the Clerk's Determination of Indigency Status. You will not be invoiced for that $3.00 cost.
Thank you.

Very truly yours,

~~
Dale K. Bohner, Esq.
Legal Counsel to the Clerk

DKB/has
encs.

- -.- - 11

..

--. --.. ----..-----!JOS

}O

IN nlEeurrfCOUNTY COURT OF THE THIRTEENTH JUDICACUIT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

_ST_ATE_OF_FL_OR_IDA_V_S"'&"&"&O';=.....A-~.",....4.-'_t \ \ ~'j 't:

CASENO:

cr~ e~-Ot!/?dJos.----

DefendantIMlnor Child

APPLICATION FOR CRIMINAL INDIGENT STATUS

./

_V_'I AM
AU SEEKING THE APPOINTMENT OF THE PUBLIC DEFENDER
OR
_ I HAVE APRIVATE ATTORNEY OR AM SELF-REPRESENTEP AND SEEK DETERMINATION OF INDIGENCE STATUS FOR COSTS
Notice to Applicant: The provision of a public defenderlcourt appointed lawyer and costs/due process services are not free. Ajudgment and lien may be imposed against all real or
personal property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this applicamn. There is a$50.00 fee for each
application filed. If the application fee is not paid to the Clerk of the Court within 7 days, it win be added to any costs that may be assessed against you at the conclusion of this case. If
you are a parent/guardian making this affidavit on behalf of a minor or tax-dependent adult, the Information contained in thfs application must indude your income and assets.

DdependfJrtta.

1. I hlMl
(Do not ind
children lid living 8t IJorne 8fId do not include 8 worldng 8{JOUS8 or youmeJf.)
2. I have 8 take home Income of S
paid () weekly () bi~weekly ( ) semi-mon811y ( ) monthly ( ) yearly
(Take home income equals ss/ary, wages, bonu s, commissions, allowances, overtime, tips and similar payments, minus deductions reqUired by law and other court-oJered

support payments)
Ilv (~

3.

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Unemployment compensation
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~$
Yes
Yes
Yes
Yes

Child support or other regular support

from family members/spouse......
Rental Income............
Dividends or interest.......
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S
S
S

Yes $
Yes $
Yes $

Yes $~

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5. I have. total amount of liabilities and debIIIln the amount of ~~ "~,,

6. I receive: (Cin::Je "Yes or "No'

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~

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Aperson who knowingly provides false infonnalion to the clerk or the court in seeking a detennination of indigent status under s. 27.52, F.5., commits a misdemeanor of the first degree,
punishable as provided in s. 775.082, F.S., or s. 775.083, F.S. I attest that the Information I hav, provided on this Application Is true and accurate to the best of my

knowledge.
Signed this
Date of Birth

;:? 7

day

Of!:1Ar

S ~/9.- /9S"""6
""., 2f_.-, J

.20LL
Print Full L

al Name

/ (2:1tt ' /..I\dO. Address

Drivers license or 10 numberl2 --IQfL'''b-:XJ ....~ -V{71Qiity, State, Zip
Phone number
CLERK'S DETERMINATION

~ed n the infi rmatlon in this Application. I have determined the applicant to be ~ent ( ) Not Indigent
.z-_~_Th~<P blic D~ nder is hereby appointed to the case listed above until relieved by the Court.
\
PAT FRANK
Clerk of the Circuit Court

12

STATE OF FLORIDA
)
This form was completed with the assistance of
COUNTY OF HILLSBOROUGH)
ClerklDe~
authorized person
THIS IS TO CeRTIFY THAT T~EGO'NG

9Rper

APPLICANTS FOUND NOT INDIGENT MAYSI:EK REV)iW ~N8FORFATHtd.~*~re

If you
MY OFj;ICE. WITNESS
20 ,~
THIS~DAYOF
~

j1W

to review the clerk's decision of not Indigent.

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06/18/10

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PAT FRANK. CLERK

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want the judge

Page 1 of 2

Neil Gillespie
From:
To:
Cc:
Sent:
Attach:

Subject:

"Neil Gillespie" <neilgillespie@mfi.net>

"Jeff Atwater, CFO" <Jeff.Atwater@myfloridacfo.com>; <PublicRecordsRequest@myfloridacfo.com>
"Neil Gillespie" <neilgillespie@mfi.net>
Thursday, December 18, 2014 3:26 PM
1A supporting doc in Banner Finance 2 deposts writs-garnishment 05-CA-7205 1p.pdf; 1A copy of
receipt 05-CA-7205 for 1 of 2 writs 7-29-2008, receipt 1366500 (PAB-2) 1p.pdf; 1A copy of receipt 05CA-7205 for 1 of 2 writs 7-29-2008, receipt 1366500 (PAB-5) 1p.pdf; 1A copy of receipt 05-CA-7205
for 2 of 2 writs 7-29-2008, receipt 1366507 (RWB-3) 1p.pdf; 1A copy of receipt 05-CA-7205 for 2 of 2
writs 7-29-2008, receipt 1366507 (RWB-6) 1p.pdf; 1A docket showing writs of garnishment issued 05CA-7205 1p.pdf; 1D distribution for 2 $100 deposits on check 357968 to unclaimed (05-CA-7205)
1p.pdf; 1C schedule registry funds, garnishments Circuit Civil to State 43.19 (05-CA-7205) 1p.pdf; 1D
$200 deposit writ-garnishment issued to state 11-18-2013 check 357968 (05-CA-7205) 1p.pdf; 1B
Answer of Garnishee, Cert of Serv, Park Ave Bank 05-CA-7205 3p.pdf; 4A screen print balance owed
05-CA-7205 ($587.77) 1p.pdf; 4A screen print 1 of 3 assessments (charges) 05-CA-7205 $2.00
1p.pdf; 4A screen print 2 of 3 assessments (charges) 05-CA-7205 $16.27 1p.pdf; 4A screen print 3 of
3 assessments (charges) 05-CA-7205 $569.50 1p.pdf; 4A screen print all financial transactions 05CA-7205 Neil J Gillespie 3p.pdf; 2014, 11-06-14, Docket 05-CA-7205.pdf; 2013, 10-15-13, Order
Unclaimed Funds-Hillsborough 13-AF-000058 $200.pdf; State of Florida Unclaimed Property, Florida
Treasure Hunt-UNAVAILABLE.pdf; Check No 3042, operating account of Barker, Rodems & Cook
PA.pdf; Check No 3043, operating account of Barker, Rodems & Cook PA.pdf
public records about Unclaimed Court Registry Funds

Jeff Atwater, Chief Financial Officer

Jeff.Atwater@myfloridacfo.com
PublicRecordsRequest@myfloridacfo.com
Dear Mr. Atwater,
This is a request for public records about Unclaimed Court Registry Funds sent by court Order signed
October 15, 2013 by Chief Judge Menendez of the Thirteenth Judicial Circuit to deposit with you, the
Chief Financial Officer. Attached you will find the two page order, and a third page showing $200 at
item 566, fund or account MD1949, Gillespie, Neil J vs Barker, Rodems & Cook, PA, and Cook,
William J.
Does that $200 belong to me? If so, kindly send the money to me.
Otherwise, Pat Frank, Clerk of the Circuit Court provided me copies of checks No. 3043 and No. 3042
in the amount of $188 each from the operating account of Barker, Rodems & Cook PA that were
tendered under my name in payment to the Clerk of garnishment fees against myself, see attached. That
is false, and makes no sense. I did not travel 100 miles to pay in person two fees of $188 each to garnish
my own bank account, and trust account with attorney Robert W. Bauer. Below is a list of attached
documents.
1A copy of receipt 05-CA-7205 for 1 of 2 writs 7-29-2008, receipt 1366500 (PAB-2) 1p
1A copy of receipt 05-CA-7205 for 1 of 2 writs 7-29-2008, receipt 1366500 (PAB-5) 1p
1A copy of receipt 05-CA-7205 for 2 of 2 writs 7-29-2008, receipt 1366507 (RWB-3) 1p
1A copy of receipt 05-CA-7205 for 2 of 2 writs 7-29-2008, receipt 1366507 (RWB-6) 1p
1A docket showing writs of garnishment issued 05-CA-7205 1p
1A supporting doc in Banner Finance 2 deposts writs-garnishment 05-CA-7205 1p
1B Answer of Garnishee, Cert of Serv, Park Ave Bank 05-CA-7205 3p
1C schedule registry funds, garnishments Circuit Civil to State 43.19 (05-CA-7205) 1p

13
7/24/2015

Page 2 of 2

1D $200 deposit writ-garnishment issued to state 11-18-2013 check 357968 (05-CA-7205) 1p

1D distribution for 2 $100 deposits on check 357968 to unclaimed (05-CA-7205) 1p
4A screen print 1 of 3 assessments (charges) 05-CA-7205 $2.00 1p
4A screen print 2 of 3 assessments (charges) 05-CA-7205 $16.27 1p
4A screen print 3 of 3 assessments (charges) 05-CA-7205 $569.50 1p
4A screen print all financial transactions 05-CA-7205 Neil J Gillespie 3p
4A screen print balance owed 05-CA-7205 ($587.77) 1p
2013, 10-15-13, Order Unclaimed Funds-Hillsborough 13-AF-000058 $200
2014, 11-06-14, Docket 05-CA-7205
Check No 3042, operating account of Barker, Rodems & Cook PA
Check No 3043, operating account of Barker, Rodems & Cook PA
State of Florida Unclaimed Property, Florida Treasure Hunt-UNAVAILABLE
I looked on the Florida Unclaimed Property site around the same time I learned this information, and
was greeted by a message "The Unclaimed Property website will be unavailable from approximately
10PM EDT, Friday 11/7/2014 until approximately 12AM EDT, Saturday 10/08/2014. We apologize for
the inconvenience."
Provide records showing why the website was unavailable. Thank you.
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
252-854-7807
neilgillespie@mfi.net

7/24/2015