Pat Frank Clerk Ethics Complaint-Jan-30-2014

8/13/2019 Pat Frank Clerk Ethics Complaint-Jan-30-2014

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DAT·E FILE·D

MAR 12 2 14BEFORE THE

STATE OF FLORIDA OMMISSION ON ETHI SCOMMISSION ON ETHICS

In re PAT FRANK,Complaint No. 14-015

Respondent.

- - - - - - - - - -

PUBLIC REPORT AND ORDER DISMISSING COMPLAINT

On Friday, March 7 2014, the Commission on Ethics met in executive session and

considered this complaint for legal sufficiency pursuant to Commission Rule 34-5.002, F.A.C.

The ~ : o r r l i s s i o n s reVIew was limited to questions of jurisdiction of the COITffilission and of the

adequacy of the details of the complaint to allege a violation of the Code of Ethics for Public

Officers and Employees. No factual investigation preceded the review, and therefore the

Commission's conclusions do not reflect on the accuracy of the allegations of the complaint.

The Commission voted to dismiss the complaint for lack of legal sufficiency, based on



with the Florida Bar a vexatious Unlicensed Practice o Law complaint against the

Complainant.

4. The only provision o the Code o Ethics possibly implicated by the allegation is

Section 113.313(6), Florida Statutes, which states:

MISUSE OF PUBLIC POSITION.--No public officer, employee o anagency, or local government attorney shall corruptly use or attempt to use his or

her official position or any property or resource which may be within his or hertrust, or perform his or her official duties, to secure a special privilege, benefit, orexemption for himself, herself, or others.

Pursuant to Section 112.312(9), Florida Statutes, corruptly is defined as

done with a wrongful intent and for the purpose o obtaining, or compensatingor receiving compensation for, any benefit resulting from some act or omission o

a public servant which is inconsistent with the proper performance o his or herpublic duties.

Section 112.313(6) prohibits public officials and employees from corruptly using or attempting

to use their official positions or property or resources within their trust, and it prohibits them

from corruptly performing their official duties, in order to secure a special privilege, benefit, or

exemption for themselves or another.



a factual manner any privilege, benefit, or exemption to the Respondent or anyone else, as

required under the statute.

Accordingly, this complaint is hereby dismissed for failure to constitute a legally

sufficient complaint witll the issuance of this public report.

ORDERED by the State of Florida Commission on Ethics meeting in executive session

on March 7, 2014.

1 2 z D/c/Date Rendered

MORG N R BENTLEYChair Florida Commission on Ethics

MRBlbd

cc: Ms. Pat Frank, RespondentMr. Neil J. Gillespie, Complainant



DATE FILEDBEFORE THE

STATE OF FLORID M R

12~

COMMISSION ON ETHICSCOMMISSION ON ETHICS

In re DALE KENT BOHNER,Complaint No. 14-016

Respondent.

- - - - - - - - - -

PUBLIC REPORT AND ORDER DISMISSING COMPLAINT

On Friday, March 7 2014, the Commission on Ethics met in executive session and

considered this complaint for legal sufficiency pursuant to Commission Rule 34-5.002, F.A.C.

The o m r l i s s i o n ~ s reviGw ~ N a s limited to questions o f jurisdiction of the Commission and of the

adequacy o f the details of the complaint to allege a violation o f the Code of Ethics for Public

Officers and Employees. No factual investigation preceded the review, and therefore tIle

Commission's conclusions do not reflect on the accuracy o f the allegations of the complaint.

The Commission voted to dismiss the complaint for lack of legal sufficiency, based on

h f ll l



with the Florida Bar a "vexatious" Unlicensed Practice o Law complaint against the

Complainant.4 The only provision o the Code o Ethics possibly implicated by the allegation is

Section 113.313(6), Florida Statutes, which states:

MISUSE OF PUBLIC POSITION.--No public officer, employee o anagency, or local government attorney shall corruptly use or attempt to use his or

her official position or any property or resource which may be within his or hertrust, or perform his or her official duties, to secure a special privilege, benefit, orexemption for himself, herself, or others.

Pursuant to Section 112.312(9), Florida Statutes, "corruptly" is defined as

done with a wrongful intent and for the purpose o obtaining, or compensatingor receiving compensation for, any benefit resulting from some act or omission o

a public servant which is inconsistent with the proper performance o his or herpublic duties.

Section 112.313(6) prohibits public officials and employees from corruptly using or attempting

to use their official positions or property or resources within their trust, and it prohibits them

from corruptly performing their official duties, in order to secure a special privilege, benefit, or

exemption for themselves or another.



factual manner any privilege, benefit, or exemption to the Respondent or anyone else, as required

under the statute.

Accordingly, this complaint is hereby dismissed for failure to constitute a legally

sufficient complaint with the issuance o this public report.

ORDERED by the State o Florida Commission on Ethics meeting in executive session

on March 7 2014.

Date Rendered

Chair Florida Commission on Ethics

MRB/bd

cc: Mr. Dale Kent Bohner, RespondentMr. Neil J. Gillespie, Complainant



~.

TA L L A H A S S E E F L 3 3

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FROM:STATE OF FLORIDA

COMMISSION ON ETHICS325 JOHN KNOX ROAD, BUILDING E SUITE 200

P.O. DRAWER 15709TALLAHASSE E, FL 32317·5709

TO:

NEIL GILLESPIE

8092 SW 115TH LOOPOCALA, FL 34481

1/1 Ii Ii,jii i jljli II ;i l IJiJi I;d jlJlijJJliiljJji ;3 4 4 8 i :±:::;i567



Morgan R. BentleyCI'air

Linda McKee RobisonVice Cllair

Michelle AnchorsMatthew F. CarlucciI. Martin Ford

Tom Freeman

Susan Horovitz Maurer

Stanley M. Weston

State of Florida

COMMISSION ON ETIDCSP.O. Drawer 15709

Tallahassee, Florida 32317-5709

325 John Knox RoadBuilding E, Suite 200

Tallahassee, Flori da 32303

A Public Office is a Public Trust

January 30, 2014

Virlindia DossExecutive Director

C. Christopher Anderson,General CounseV

Deputy Executive Director

(850) 488-7864 Phone(850) 488-3077 (FAX)www.ethics.state.fl.us

CERTIFIED MAILRETURN RECEIPT REQUESTED

The Honorable Pat Frank601 E Kennedy Blvd., 13 th Floor

Tampa, FL 33602

onfidentialRE: Complaint No. 14-015, In re PAT FRANK

Dear Ms. Frank:

The above-captioned complaint, recently received in the office of the Commission on Ethics, isbeing transmitted to you pursuant to the requirements of Section 112.324, Florida Statutes. Thisoffice will forward all future correspondence in this matter to you at the above-listed mailingaddress unless otherwise notified of a change in your address. This transmittal is a routineadministrative requirement which should not be construed as an approval, disapproval, orjudgment of the complaint either as to its terminology or merits Additional referenced



P T FRANKPage 2January 30, 2014

f the complaint is legally sufficient but pertains solely to allegations o f errors or omissions infinancial disclosure forms, a determination will be made as to whether the error(s) or

omissions(s) are significant to investigate. f the error(s) or omissions(s) are determined to beminor or inconsequential, you will be so notified and will be given 30 days in which to correcttIle error(s) or omission(s). f the correction is made, the complaint will be dismissed. fno

correction is made, the complaint will advance to the next step in the process.

f the complaint is found to be legally sufficient, a preliminary investigation w ll be undertakenby the investigative staff o f the Commission. The next stage of the Commission s proceedings

involves the preliminary investigation of the complaint and a decision by the Commissiono f

whether there is probable cause to believe that there has been a violation o f any o f the ethicslaws. f the complaint is investigated, you and the complainant will be given an opportunity tospeak with the investigator. You also will be sent a copy o f our investigative report prior to anyaction by the Commission and will be given the opportunity to respond to the report in writing.

f the Commission finds that there is no probable cause to believe that there has been a violationo f the ethics laws, the complaint will be dismissed and will become public at that time.

f the Commission finds that there is probable cause to believe there has been a violation o f theethics laws, the complaint becomes public and enters the last stage o f proceedings, whichrequires that the Commission decide whether the law actually was violated and, i f so, whether apenalty should be recommended. At this stage, you have the right to request a public hearing(trial) at which evidence would be presented, or the Commission may order that such a hearingbe held. Public hearings usually are held in or near the area where the alleged violationoccurred.

You are entitled to be represented by legal counsel during our proceedings. Upon writtenrequest, documents and notices regarding the complaint will be provided to your attorney.

f f ili i h h hi l d h C i i ibili i I



Morgan R. BentleyChair

Linda McKee Robison

Vice Chair

Michelle AnchorsMatthew F. Carlucci

I. Martin Ford

Tom Freeman

Susan Horovitz Maurer

Stanley M. Weston

State of FloridaCOMMISSION ON ETHICS

P.O. Drawer 15709Tallahassee, Florida 32317-5709

325 John Knox RoadBuilding E, Suite 200

Tallahassee, Florida 32303

A Public Office is a Public Trust

January 30, 2014

Virlindia DossExecutive Director

c Christopher Anderson,

General CounseV

Deputy Executive Director

(850) 488-7864 Phone

(850) 488-3077 (FAX)www.ethics.state.fl..us

CERTIFIED MAILRETURN RECEIPT REQUESTED

Mr. Dale K Bohner601 E. Kennedy Blvd., 13 th Floor onfidenti l

ampa, FL 33602

RE: Complaint No. 14-016, In re DALE KENT BOHNER

Dear Mr. Bohner:

The above-captioned complaint, recently received in the office of the Commission on Ethics, isbeing transmitted to you pursuant to the requirements of Section 112.324, Florida Statutes. Thisoffice will forward all future correspondence in this matter to you at the above-listed mailingaddress unless otherwise notified of a change in your address. This transmittal is a routineadministrative requirement which should not be construed as an approval, disapproval, or



DALE KENT OHNERPage 2January 30, 2014

If the complaint is legally sufficient but pertains solely to allegations of errors or omissions infinancial disclosure forms, a determination will be made as to whether the error(s) oromissions(s) are significant to investigate. If the error(s) or omissions(s) are determined to beminor or inconsequential, you will be so notified and will be given 30 days in which to correctthe error(s) or omission(s). If the correction is made, the complaint will be dismissed. Ifnocorrection is made, the complaint will advance to the next step in the process.

If the complaint is found to be legally sufficient, a preliminary investigation will be undertakenby the investigative staff of the Commission. The next stage of the Commission s proceedings

involves the preliminary investigation of the complaint and a decision by the Commission ofwhether there is probable cause to believe that there has been a violation of any of the ethicslaws. If the complaint is investigated, you and the complainant will be given an opportunity tospeak witll the investigator. You also will be sent a copy of our investigative report prior to anyaction by the Commission and will be given the opportunity to respond to the report in writing.If the Commission finds that there is no probable cause to believe that there has been a violationof the ethics laws, the complaint will be dismissed and wil l become public at that time.

If the Commission finds that there is probable cause to believe there has been a violation of theethics laws, the complain t becomes public and enters the last stage of proceedings, whichrequires that the Commiss ion decide whether the law actually was violated and, i f so, whether apel1alty should be recommended. At this stage, you have the right to request a public hearing(trial) at which evidence would be presented, or the Commission may order that such a hearingbe held. Public hearings usually are held in or near the area where the alleged violationoccurred.

You are entitled to be represented by legal counsel during our proceedings. Upon writtenrequest, documents and notices regarding the complaint will be provided to your attorney.



VIA UPS No. 1Z64589FP291361933 January 24, 2014

Virlindia A. Doss, Executive Director Florida Commission on Ethics325 John Knox Road Building E, Suite 200Tallahassee, FL 32303

Dear Ms. Doss:

Please find enclosed two (2) sworn complaints for Misuse of Public Position, § 112.313(6) F.S.for the Honorable Pat Frank, Clerk of the Circuit Court, Hillsborough County, an elected publicofficer, and the Clerk’s counsel Dale Kent Bohner, a local government attorney, in my civillawsuit in Hillsborough County, Neil J. Gillespie v. Barker, Rodems & Cook, PA, and William J.Cook, Case No. 05-CA-7205. August 11, 2005 - June 21, 2011.

Clerk Frank and Mr. Bohner have refused to docket my pro se filings in the case since at leastJuly 11, 2011 as shown below. Clerk Frank and Mr. Bohner claim reliance on an order entered

by Judge Martha Cook November 15, 2010 (enclosed) as the basis of their refusal to docket my pleadings. This claim is belied by the following:

1. A judge cannot order the clerk of court to do anything absent a legislative mandate. Incivil court, court orders routinely contain language that the clerk is ordered to do so and soforthwith. Unless the clerk is made a party to the lawsuit, these orders are meaningless. TheClerk is not a party to case no. 05-CA-7205, thus the order is meaningless.

2. Clerk Frank and Mr. Bohner docketed my pro se filings for almost eight months (8) after the order was entered November 15, 2010, because the order was meaningless.



Virlindia A. Doss, Executive Director January 24, 2014Florida Commission on Ethics Page - 2

Mr. Rodems’ letter to the Clerk is enclosed.

4. Clerk Frank and Mr. Bohner corruptly conspired to use her and his official position, property, and resources within her and his trust to secure a special privilege, benefit, or exemption for Mr. Rodems and Rodems’ various constituencies, including those who received agift of legal services and settlement benefit to state of Florida judges, public officers, publicemployees, and my former counsel Robert W. Bauer and his law firm, in my federal disabilityand civil rights lawsuit against the Thirteenth Judicial Circuit Florida, case no. 5:10-cv-00503,

Thirteenth Judicial Circuit, FloridaClaudia Rickert Isom, Circuit Judge, and individuallyJames M. Barton, II, Circuit Judge, and individuallyMartha J. Cook, Circuit Judge, and individuallyDavid A. Rowland, Court Counsel, and individuallyGonzalo B. Casares, ADA Coordinator, and individuallyBarker, Rodems & Cook, P.A.

Ryan Christopher Rodems, Attorney at Law (Fla. Bar ID: 947652)The Law Office of Robert W. Bauer, P.A.Robert W. Bauer, Attorney at Law (Fla. Bar ID: 11058)

In doing so, Clerk Frank and Mr. Bohner corruptly conspired to use her and his official position, property, and resources within her and his trust to deny me due process under color of law.

5. Please find enclosed my 64 page affidavit, June 14, 2013,

AFFIDAVIT OF NEIL J. GILLESPIE ON JUDGE MARTHA J. COOK’SOrder Prohibiting Plaintiff from Appearing Pro Se [A Sham Order]




3. On May 1, 2013 Ryan Christopher Rodems submitted the sham Order, under penaltyof perjury, in his vexatious Unlicensed Practice of Law (UPL) complaint against me toThe Florida Bar, case 20133090(5) for representing myself and my related interest pro sein other cases.

6. In June 2011 appointment of counsel was, on information and belief, required under 18U.S.C. § 3006A, and the Sixth Amendment, after Mr. Rodems corruptly obtained awarrant for my arrest through honest services fraud with Judge Cook, who accepted things of value (campaign donations) “in return for” official acts [18 U.S.C. § 201(b)(2)],improper rulings on summary judgment, and civil contempt with arrest on writ of bodilyattachment, and who used the mail to carry out a “scheme or artifice to defraud” me [18U.S.C. § 1341] of “the intangible right of honest services.” [18 U.S.C. § 1346]. See U.S.v. Terry, No. 11-4130, C.A.6.

6. Clerk Frank and Mr. Bohner corruptly conspired to use her and his official position, property, and resources within her and his trust to secure a special privilege, benefit, or exemption for Mr. Rodems and Rodems’ various constituencies named in paragraph 4, to,

A. Clerk’s letter (unsigned) dated July 11, 2011, 7 pages enclosed,

Mr. Gillespie:

RE: Case # 05-CA-7205

This office is returning the following pleadings pursuant to the attached court order signed on November 15, 2010:

1. Letter to clerk dated July 6, 2011.2 Pl i tiff' M ti t St ik S t A id J i t Sti l ti f Di i l ith P j di




This office is returning the following pleadings pursuant to the attached court order signed on November 15, 2010:

1. Motion to Amend and Correct - Affidavit and Inventory of Personal Propertyof Neil J. Gillespie and Designated Exemptions.

This was part of my effort to get back approximately $600 that Mr. Rodems wrongly garnished from my bank account in 2008. I eventually got the money back directly from the Park AvenueBank (PAB) of Georgia shortly before it failed. PAB had not sent the money to the Clerk.

C. Docket entries,

07/13/2011 DO NOT ENTER ADDITIONAL DOCUMENTS USER ID=RICKERSJ

01/17/2012 DO NOT ENTER ADDITIONAL DOCUMENTS PER D. BOHNER, LEGAL ADVISOR TO CLERK (PER COURT ORDER DATED 11/15/10)

Docket page 22 printed today January 24, 2014 shows the above entries, and is enclosed.

D. APPELLANT’S MOTION TO AMEND NOTICE OF APPEALCase No.: 2D10-5197Lower Court Case No. 05-CA-007205July 18, 2011

The 20 page motion is enclosed. I believe ¶ 10 is relevant here, and the cited case law,

10. For almost eight (8) months the Clerk of the Circuit Court did not comply with JudgeCook’s Order Prohibiting Plaintiff From Appearing Pro Se and accepted Gillespie’sfili (E hibit 3) H i l tt d t d J l 11 2011 ( i d b Gill i J l




54. I commenced this lawsuit August 11, 2005 by filing the Complaint and paying a$255 filing fee, in cash, to the Clerk of the Court. I paid an additional $40 cash August11, 2005 to the Hillsborough County Sheriff to serve the Complaint on the Defendants.

55. The Circuit Court of the Thirteenth Judicial Circuit, in and for Hillsborough County,Florida, is a court created by statute to administer, apply, and interpret the laws of thestate of Florida in a fair and unbiased manner without favoritism, extortion, improper influence, personal self-enrichment, self-dealing, concealment, and conflict of interest.

56. Martha Jean Cook is an elected judge for the Thirteenth Judicial Circuit, and was byvirtue of that position of trust an officer and employee of state government, responsiblefor lawfully performing and discharging her duties without bias, favoritism, extortion,improper influence, personal self enrichment, self-dealing, concealment, and conflict of interest.

56. As shown in this affidavit, Judge Cook did not lawfully perform and discharge her duties, but served as Mr. Rodems’ “marionette” as that term is used in U.S. v. Terry, No.

11-4130, U.S. Sixth Circuit, which affirmed a jury conviction against former JudgeSteven J. Terry of several honest services fraud violations, citing federal anti-corruptionstatutes, one of which prohibits an official from accepting things of value “in return for”official acts. 18 U.S.C. § 201(b)(2).

8. In a letter to Mr. Bohner August 30, 2013 I notified the Clerk of errors and omissionswith the docket in 05-CA-7205, copy enclosed without attachments. I specifically pointed outthat Judge Cook’s order entered November 15, 2010 was a sham, and should not be relied upon.I also requested pursuant to Rule 2.430(g), Fla.R.Jud.Adnlin., the file in Neil J. Gillespie vs.Barker, Rodems & Cook, PA et al case no. 05-CA-007205 be surrendered to me prior to it beingdestroyed in accordance with regular destruction schedules.




6. I have reviewed your position. If the referenced order is superseded by another order, the Clerk will follow the directions contained in such an order.and this docket entry in not correct or valid,

01/17/2012, DO NOT ENTER ADDITIONAL DOCUMENTS PER D.BOHNER, LEGAL ADVISOR TO CLERK (PER COURT ORDER DATED11/15/10

Take notice that the order by Martha Cook, Order Prohibiting Plaintiff from AppearingPro Se , is not a legitimate order, but a sham order corruptly entered.

Nonetheless, the fact that the legislature cannot set a judge's vacation days brings up a parallel and little known corollary: A judge cannot order the clerk of court to do anythingabsent a legislative mandate. In civil court, court orders routinely contain language thatthe clerk is ordered to do so and so forthwith. Unless the clerk is made a party to thelawsuit, these orders are meaningless.

The Clerk is not a party to case no. 05-CA-7205, thus the order is meaningless. So youmay immediately remove from the docket “Do Not Enter Additional Documents”.

Previously pursuant to Rule 2.430(g), Fla.R.Jud.Admin., I requested the file in Neil J.Gillespie vs. Barker, Rodems & Cook, PA et al case no. 05-CA-007205 be surrendered tome prior to it being destroyed in accordance with regular destruction schedules. I now

believe that procedure is not correct. Pursuant to Rule 2.430(g) I may apply for an order:

Rule 2.430(g) Disposition Other Than Destruction. Before destruction or disposition of court records under this rule, any person may apply to the court for an order requiring the clerk to deliver to the applicant the court records that are tob d t d di d f All ti h ll b gi ti f th li ti




On information an belief, Clerk of Court Pat Frank, and you as counsel, are subject to§ 112.313(6) F.S., Misuse of Public Position:

112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.—

(6) MISUSE OF PUBLIC POSITION.—No public officer, employee of anagency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed toconflict with s. 104.31.

Also see § 760.51 F.S., Violations of constitutional rights, civil action by the AttorneyGeneral; civil penalty. Please take notice that “A Public Office is a Public Trust”.

My letter is enclosed.

11. Mr. Bohner responded by letter dated January 14, 2014,

This letter will acknowledge receipt of your letter to me dated January 7, 2014. Ihave read the position you take in your letter. If you apply to the Court for anorder under Rule 2.430(g) requiring the Clerk to deliver the court records that areto be destroyed or disposed of in Case 05-CA-007205, the Clerk will follow the

directions of the Court. Your application, when filed, will be forwarded to theCourt for consideration.

12 A f t d th f ll i g d k t t i i



Virlindia A Doss, Executive Director January 24, 2014F lorida Commission on Ethics Page - 8

Thank you for your consideration of my complaint. Under penalty of perjury, I declare theforegoing facts are true, correct, and complete.

S i l ] : ~ ~

/

1 J Gillespi

92 SW 115t LoopOcala, Florida 34481

Telephone: 352-854-7807En1ail: [email protected]

Enclosures:

1 Ethics Complaint for the Hon. Pat Frank, Clerk of the Circuit Court, Hillsborough Co.2 Ethics Complaint for Dale Kent Bohner, Counel to the Clerk of the Circuit Court3 Page 22 from docket 05-CA-7205, Jan-24-20144 Mr. Rodems May 31, 2011 letter to Clerk of the Circuit Court Pat Frank5 Order of Judge Cook, November 15,20106 Clerk s letter July 11,2011 to NJG, pleadings returned per court order signed Nov-15-20107 Clerk s letter Sep-22, 2011 to NJG, pleadings returned per court order signed Nov-15-20108 Motion to Amend Notice of AppeaI2DI0-5197, July 18,20119

Letter August 30 ,2013 of Gillespie to Dale Bohner, counsel to Clerk Pat Frank10 Dale Bohner counsel to Clerk Pat Frank letter September 12, 2013 response to Gillespie11 Letter January 7,2014 Gillespie to Dale Bohner, counsel to Clerk Pat Frank12 Dale Bohner counsel to Clerk Pat Frank letter January 14, 2014 response to G-illespie



STATE OF FLORIDA

COMMISSION ON ETHICSP. O. DRAWER 15709, TALLAHASSEE, FLORIDA 32317-5709

COMPLAINT

1. PERSON BRINGING COMPLAINT:

~ a ~ e _ N _ e _ i l _ J _ G _ i _ l l e _ s _ p _ i e ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ e l e p h o n e ~352-854-7807

8092 SW 115th Loopress: _Add

C Ot Ocala C t Marion Z· C d 344811 y: oun y: Ip 0 e:

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT: Current or o r ~ e r public officer, public e ~ p l o y e ecandidate, or lobbyist - please use one c o ~ p l a i n t o r ~

for each person you wish to c o ~ p l a i n against:

l\.T Pat Frank I h l\.T b 813-276-8100l ~ a ~ e : 1.

e ep one ~ ~

er:

Address: 601 E. Kennedy Blvd., 13th Floor

C ·t Tampa C t Hillsborough County Z· C d 336021 y: oun y: Ip 0 e:

Title of office or position held or sought: Clerk of the Circuit Court, Hillsborough County Florida

3. STATEMENT OF FACTS:Please explain your c o ~ p l a i n t fully, either on the reverse side o f this f o r ~ or on additional sheets,

providing a detailed description of the facts and the actions of the person n a ~ e d above. Include relevantdates and the n a ~ e s and addresses o f persons w h o ~ you believe ~ a y be witnesses. If you believe that a

i l i i f A i l S i 8 Fl id C i i ( h S hi A d t f P



STATE OF FLORIDA

COMMISSION ON ETHICSP. O. DRAWER 15709 , TALLAHASSEE, FLORIDA 8 2 8 1 7 - 5 7 0 9

COMPLAINT

1. PERSON BRINGING COMPLAINT:

Neil J. Gillespie T 1 h N b 352-854-7807N arne: e ep one urn er: _

Address: 8092 SW 115th Loop

C ' t Ocala C t Marion Z· C d 34481 y: oun y: Ip 0 e: _

2. PERSON AGAINST WHOM COMPLAINT IS BROUGHT: Current or former public officer, public employee, candidate, or lobbyist - please use one complaint form

for each person you wish to complain against:

Dale Kent Bohner T 1 h N b 813-276-8100N

arne: e ep one urn er: _

Address: 601 E Kennedy Blvd., 13th Floor

City: Tampa Hillsborough County Z· C d 33602Cou n t y: Ip 0 e: _

Title of office or position held or sought: Counsel to Clerk of the Circuit Court, Hillsborough County Florida

3. STATEMENT OF FACTS:Please explain your complaint fully, e i the r on the reverse side of this form or on additional sheets,

providing a detailed description of the facts and the actions of the person named above. Include relevantdates and the names and addresses of persons whom you believe may be witnesses. If you believe that a

i l i i f A i l II S i Fl id C i i ( h S hi A d ) f P

http://pubrec10.hillsclerk.com/CaseDetail.aspx?CaseID=2143026



06/21/2011

ORDER ON - TO - FOR

RESCINDING WRIT OF BODILY ATTACHM ENT. 6/21/11 JDA. USER ID=HEALY06/24/2011

STIPULATION OF DISMISSAL

W/PREJ. USER ID=HEALYParty: GILLESPIE, NEIL J

06/24/2011


W/PREJ. USER ID=HEALYParty: COOK, WILLIAM J

06/24/2011


W/PREJ. USER ID=HEALYParty: BARKER RODEMS & COOK PA

06/27/2011

CONVERTED EVENT

CLOSE - CASE STATUS UPDATED. USER ID=RODRIGZ06/27/2011

ORDER FROM 2ND DCA

06-23-11 : APPELLANT'S MOTION TO FILE AMENDED INITIAL BRIEF IS GRANTED. THE BRIEF SHALL BE SERVED BY JULY 6, 2011.2D10-5197. EM. USER ID=MANRESAE

06/27/2011

ORDER FROM 2ND DCA

06-24-11 : PURSUANT TO THE NOTICE OF VOLUNTARY DISMISSAL FILED HEREIN, THIS APPEAL IS DISMISSED. 2D10-5197. EM. USERID=MANRESAE

07/11/2011 CONVERTED EVENTC176 - LETTER TO. NEIL GILLESPIE FROM CLERK. USER ID=HEALY

07/12/2011

CONVERTED EVENT

CLOSE - CASE STATUS UPDATED. USER ID=RODRIGZ07/12/2011

ORDER FROM 2ND DCA

07-11-11 : APPELLEES ARE DIRECTED TO RESPOND WITHIN 12 DAYS FROM THE DATE OF THIS ORDER TO APPELLANT'S MOTION TOREINSTATE DISMISSED APPEAL. 2D10-5197. EM. U SER ID=MANRESAE

07/13/2011

DO NOT ENTER ADD ITIONAL DOCUMENTS

USER ID=RICKERSJ07/28/2011

ORDER FROM 2ND DCA

07-26-11 : THE APPELLANT'S MOTION FOR LEAVE TO SUBMIT REPLY TO APPELLEE'S RESPONSE IS DENIED. THE APPELLANT'S

MOTION TO REINSTATE DISMISSED APPEAL IS DENIED. THE APPELLANT'S MOTION TO AMEND NOTICE OF APPEAL IS DENIED ASMOOT. 2D10-5197. EM. USER ID=MANRESAE08/24/2011

ORDER FROM SUPREME COURT

SUPREME COURT ORDER: 08-22-11 : PETITIONER'S NOTICE OF APPEAL, FILED IN THIS COURT ON AUGUST 8, 2011, HAS BEENTREATED AS A PETITION FOR WRIT OF MANDAMUS SEEKING REINSTATEMENT OF THE PROCEEDINGS IN THE DISTRICT COURT OF

APPEAL BELOW. PETITIONER IS ALLOWED TO AND INCLUD ING SEPTEMBER 12, 2011, IN WHICH TO FILE A PROPER PETITION FORWRIT OF MANDAMUS; THAT COMPLIES WITH FLORIDA RULE OF APPELLATE PROCEDURE 9.100, ADDRESSING WHY THEPROCEEDINGS IN THE DISTRICT COURT OF APPEAL SHOULD NOT HAVE BEEN DISMISSED. THE FAILURE TO FILE A PR OPERPETITION WITH THIS COURT WITHIN THE TIME PROVIDED COULD RESULT IN THE IMPOSITION OF SANCTIONS, INCLUDINGDISMISSAL OF THIS CASE. SEE FLA. R. APP. P. 9.410. PLEASE UNDERSTAND THAT ONCE THIS CASE IS DISMISSED, IT MAY NOT BESUBJECT TO REINSTATEMENT. 2D10-5197, SC11-1622. EM. USER ID=MANRESAE

09/22/2011

CONVERTED EVENT

C176 - LETTER TO. NEIL J. GILLESPIE - RETURNING - MOTION TO AMEND AND CORRECT..... PURSUANT TO COURT ORDER.. USERID=HEALY

01/12/2012

SEE DOCKET TEXT

CD-ROM filed - reference Florida Supreme Court Appeal (label states, 'Supreme Court of Florida SC11-1622 Petition for Writ of MandamusGillespie v Barker Rodems & Cook

p p p





c o p yBARKER, RODEMS COOK

PROFESSIONAL ASSOCIA TrONATIORNEYSATlAW

CHRIS A BARKER Telephone 8 1 3 4 8 9 ~ 1 1400 North Ashley Drive, Suite 2100RYAN CHRISTOPHER RODEMS Facsimile 813/489-1008WILLIAM] COOK Tampa, Florida 33602

April 26, 2011

The Honorable James D Arnold

Circuit Court JudgeCircuit Civil, Division "J"800 E Twiggs Street, Room 514Tampa, Florida 33602

Re: Neil J. Gillespie v. Barker, Rodems & Cook, P.A.,a Florida Corporation; and William J. Cook

Case No.: 05-CA-7205; Division "J"

Dear Judge Arnold:

Enclosed please find a courtesy copy of Defendants' Motion to Strike Pro Se Filings by Plaintiffwhich was filed on even date in the above-referenced matter. By Order of this Court enteredNovember 15, 2010, Mr. Gillespie is prohibited from filing any documents pro see

Thank you for your tinle and attention to this matter.

Respectfully submitted,



•

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUITOF THE STATE OF FLORIDA, IN AND FOR HILLSBOROUGH COUNTY

GENERAL CIVIL DIVISION

NEIL J. GILLESPIE, CASE ID: 05·CA·7205Plaintiff,

v.

BARKER, RODEMS & COOK, P.A., DIVISION: Ga Florida corporation; andWILLIAM J. COOK,

Defendants.1

ORDER PROHIBITING PLAINTIFF FROM APPEARING PRO SE ~ _ i - : }

.' ''

THIS MATTER is before the Court on Defendants' "motion for an order c r s h o w : c a u s e ~ ~ - i ~

to why Plaintiff should not be prohibited from henceforth appearing pro se, filed on July Q:9-#

2010. It is alleged that Plaintiff is an abusive litigant who should not be permitted to file further

pleadings in this cause unless they are first reviewed and signed by an attorney licensed to p r t i ~ e

law in this state. Defendants allege that Plaintiff's prosecution is an affront to the dignity of the

judicial system and an unacceptable burden on its resources. On November 4,2010, this court



The Coun therefore ORDERS as follows:

1. Plaintiff SHALL CEASE filing any pleading correspondence or other document in thiscase unless the document is signed by an attorney who is duly licensed to practice law in

the State of Florida.

2. The Clerk of Court SHALL REJECT for filing any document received from Plaintiff

which does not bear the clear and conspicuous signature of an attorney duly licensed to

practice law in this state.3. The Clerk of Court SHALL NOT DOCKET any pleading correspondence or other

document received from Plaintiff which is prohibited by this order.

DONE AND ORDERED in Chambers in Hillsborough County Florida this 15th

day of

November 2010.

( /d.il111 VA ,eli QiU

RTHA J. co CIrcUIt Judge

Send copies to:



July 11, 2011

Neil J. Gillespie8092 W 115 th LoopOcala, FL 34481

Mr. Gillespie:

RE: Case 05-CA-7205

This office is returning the following pleadings pursuant to the attached court order signed onNovember 15, 2010:

1. Letter to clerk dated July 6, 2011.2. Plaintiff s Motion to Strike or Set Aside Joint Stipulation for Dismissal with Prejudice and

Plaintiff s Motion to Strike or Set Aside Settlement Agreement.3. Plaintiff s Motion to Strike or Set Aside Joint Stipulation for Dismissal with Prejudice and

Plaintiff s Motion to Strike or Set Aside Settlement Agreement. Appendix 1.4. Plaintiff s Motion to Strike or Set Aside Joint Stipulation for Dismissal with Prejudice and

Plaintiff s Motion to Strike or Set Aside Settlement Agreement. Appendix 2.

Thank you,



•




v.


Defendants.1

ORDER PROHIBITING PLAINTIFF FROM APPEARING PRO SE ~ _ i - : }

.' ''










1. Plaintiff SHALL CEASE filing any pleading correspondence or other document in thiscase unless the document is signed by an attorney who is duly licensed to practice law in




practice law in this state.3. The Clerk of Court SHALL NOT DOCKET any pleading correspondence or other



day of

November 2010.



Send copies to:



July 6 2011

Clerk of the Circuit CourtCircuit Civil

P.O. Box 989Tampa FL 33601-0989

RE: Gillespie v Barker Rodems Cook P.A. et aI Case no: 2005 CA-7205 Division J

Kindly date stamp and file the following:

1 PLAINTIFF S MOTION TO STRIKE OR SET ASIDE JOINTSTIPULATION FOR DISMISSAL WITH PREJUDICE and PLAINTIFF SMOTION TO STRIKE OR SET ASIDE SETTLEMENT GREEMENT

Appendix 1

Appendix 2



.

•

I

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL C I R 6 IT

IN ANDFOR

HILLSBOROUGH COUNTY,FLORIDA

\GENERAL CIVIL DIVISION .

.NEIL 1. GILLESPIE,

Plaintiff, CASE NO.: 05 CA 00n05

vs.

BARKER, RODEMS & COOK, P.A., DIVISION: Ja Florida corporation; WILLIAMJ. COOK,

Defendants./

PLAINTIFF'S MOTION TO

STRIKEOR

SET ASIDEJOINT STIPULATION FOR

DISMISSAL WITH PREJUDICE

PLAINTIFF'S MOTION TO STRIKE OR SET ASIDE SETTLEMENT AGREEMENT

1 Plaintif f pro se Neil 1. Gillespie ( Gillespie ) moves to strike or set aside the Joint

Stipulation For Dismissal With Prejudice ( joint stipulation ) dated June 21, 2011. (Exhibit A).

Gillespie moves to strike or set aside the Settlement Agreement And General Mutual Release

( settlement ) allegedly agreed to by Gillespie June 21, 2011 while he was in the custody of the



IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT

IN ANDFOR

HILLSBOROUGH COUNTY,FLORIDA


NEIL J GILLESPIE,

Plaintiff, CASE NO.: 05-CA-007205 \ . :vs.

BARKER, RODEMS COOK, P.A., DIVISION: Ja Florida corporation; WILLIAM1 COOK,

Defendants.

PLAINTIFF'S MOTION TOSTRIKE

ORSET ASIDE

JOINT STIPULATION FOR



APPENDIX 1

List of Exhibits

Exhibit A 06-21-201 I, 05-CA-00n Joint Stipulation For Dismissal With Prejudice

Exhibit B 06-21-2011 5:1O-cv-00503 Notice o f Assignment Claims Motion To Dismiss




IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION I

,

IINEIL 1 GILLESPIE, \


vs.

BARKER, RODEMS COOK, P.A., DIVISION: Ja Florida corporation; WILLIAM - COOK,

Defendants.

_ /

PLAINTIFF'S MOTION TO STRIKE OR SET ASIDE JOINT STIPULATION FOR



APPENDIX 2

List of Exhibits

Exhibit I 11-08-2010, Notice o f filing letters, Rodems, NJG, deposition

Exhibit 2 Time line o f ex-parte hearings



September 22 2011

Neil J Gillespie8092 SW 115 th LoopOcala FL 34481

Mr. Gillespie:

This office is returning the following pleadings pursuant to the attached court order signed onNovember 15 2010:

1. Motion to Amend and Correct - Affidavit and Inventory of Personal Property of Neil J

Gillespie and Designated Exemptions.





NEIL J. GILLESPIE, CASEID: 05-CA-7205Plaintiff,

v

BARKER, RODEMS & COOK, P.A., DIVISION: Ga Florida corporation; and

WILLIAM J. COOK,

Defendants.- 1

. ...

.. . :1

...•

ORDER PROffiBITING PLAINTIFF FROM APPEARING PRO SE-- :;.. '

THIS MATTER is before the Court on Defendants' "motion for an order r s h o w ; c a u s e ~ i - l

to why Plaintiff should not be prohibited from henceforth appearing pro se, filed on l l l y ~


pleadings in this cause unless they are first reviewed and signed by an attorney licensed to practic::e

law in this state. Defendants allege that Plain tif f s prosecution is an affront to the dignity of thejudicial system and an unacceptable burden on its resources. On November 4,2010, this court




1. Plaintiff SHALL CEASE filing any pleading, correspondence, or other document in this

case unless the document is signed by an attorney who is duly licensed to practice law in




practice law in this state.

3. The Clerk of Court SHALL NOT DOCKET any pleading, correspondence or other


DONE AND ORDERED in Chambers in Hillsborough County, Florida, this 15 th day of

November, 2010.

i7 , ~ } 'I) ,.1.<.1 c t ._.. 8 'M- L

IQA2RTHA J. C O Circuit Judge

STATE OF FLORIDA ,

COUNTYOF HILLSBOROUGH ""U! THIS IS TO CERTIFY THAT THEFOR GOINGc L E INAND CORRECT COPYOF THE DOCUMENT SEALMY OFFICE.JITNESS MY H A ~ ~ F I C I A ~ Send copies to:1HI8 z ~ A YOF 59



IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUITIN AND FOR HILLSBOROUGH COUNTY, FLORIDA


NEIL J. GILLESPIE,

Plaintiff, CASE NO.: 05-CA-7205vs.

BARKER, RODEMS COOK, P.A., DIVISION: Ja Florida corporation; WILLIAMJ. COOK,

Defendants._ . : /

MOTION TO AMEND AND CORRECT

AFFIDAVIT AND INVENTORY OF PERSONAL PROPERTY OFNEIL J. GILLESPIE AND DESIGNATED EXEMPTIONS

Plaintiff moves under Rule 1.190(e), Fla.R.Civ.P, to amend and correct as follows:

I. Plaintiff moves to amend and correct his Affidavit And Inventory O f Personal

Property o f Neil Gillespie and Designated Exemptions May 16 2011 as follows:

( ) P h 5 Th t t f th i d b th t t h ld d



5.00 domain name, http://creepazoidlawyer.blogspot.com/

25.00 domain name, www.FluffyTheBunny.com

Upon information and belief, the domain names are either not personal property

nor located in the State of Florida. ICANN, The Internet Corporation for Assigned Names

and Numbers, is the manager for domain names located in Marina del Rey, California. n

the alternative, if domain names reside on servers, the hosting companies, Blogger

(Google) and GoDaddy respectively, are not located in Florida.

WHEREFORE, Plaintiff moves to amend and correct as described herein.'

RESPECTFULLY SUBMITTED September 12, 2011.

Certificate of Service



.. l . - · ·' \ \ \ \ \

. : - ~ ~ ) L q . ~ Q ~ 1 1 Pat Frank 016H26525091f ~ ~ ,. : ~ Clerk of the Circuit Court oen- ~ p : ~ ~ ~ wen

~ f f I · . : tr ~ O O 5 3 ~I t ~ ; ~~ Circuit Civil Division o

I \ ~ ~ ~ ~ : . . P O Box 989 en ... /tl 09 ' 22 '2011wCIJ ::z::

Tampa Florida 33601-0989 a: a: Mailed From 33602-217 Li. US POSTAGE

jNeil J Gillespie8092 SW 5th LoopOcala FL 34481

\ \ ~ E . . y , - ~ \ , \ ~ 3 4 . 4 . ~ \ "\lI(l/tll'1'1I1 III II .1111 1111111111 III (l1l11'lII'fllllllll'

-..------ _ ~ t $ e



IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDASECOND DISTRICT

NEIL J. GILLESPIE

Appellant,Case No.: 2D10-5197Lower Court Case No. 05-CA-007205

vs.

BARKER, RODEMS & COOK, PA, a FloridaCorporation; and WILLIAM J. COOK,

Appellees. ________________________________________/

APPELLANT’S MOTION TO AMEND NOTICE OF APPEAL

Appellant pro se, Neil J. Gillespie (“Gillespie”) moves to amend his Notice of Appeal

and states:

1. Appellant filed a timely Notice of Appeal October 22, 2010 in the lower tribunal that

was transmitted to this Court and assigned case number 2D10-5197. Appellant appealed FinalSummary Judgment As To Count 1, September 28, 2010, and Order Adjudging Plaintiff Neil J.



3. The Order Prohibiting Plaintiff From Appearing Pro Se was entered November 15, 2010

by Judge Cook. (Exhibit 2). On its face the Order is a sham, because Judge Cook entered theOrder before the time expired for Gillespie to respond. Judge Cook’s Order to Show Cause Why

Plaintiff Should Not Be Prohibited From Appearing Pro Se was entered November 4, 2010

(Exhibit 1) and mandates:

It is therefore ORDERED that Plaintiff SHALL RESPOND to the motion, in writing,

within twenty days of the date of this order and SHOW CAUSE, if any, why the Clerk of

Court should not be instructed to reject for filing any future pleadings, petitions, motions

or other documents which he submits for filing unless they are signed by a member of

The Florida Bar.

The twenty day time period to respond would have run through November 24, 2010 plus an

additional 5 days for service by mail, or November 29, 2010. Order Prohibiting Plaintiff From

Appearing Pro Se was entered November 15, 2010 thereby denying Gillespie nine (9) days to

respond.

4 The Order Prohibiting Plaintiff From Appearing Pro Se (Exhibit 2) states this case is



5. On April 26, 2011 Mr. Rodems moved to strike Gillespie’s pleadings with Defendants’

Motion To Strike Pro Se Filings By Plaintiff. (Exhibit 4).6. Judge Cook was a defendant in a federal lawsuit when the Orders in Exhibits 1 and 2

were issued, and therefore Judge Cook had a conflict of interest with Gillespie, who was a

plaintiff in the federal lawsuit, Gillespie v. Thirteenth Judicial Circuit, Florida, et al., case no.

5:10-cv-00503, US District Court, MD FL, Ocala Division.

7. Mr. Rodems and William J. Cook, partners at Barker, Rodems & Cook, P.A., and

Appellees and Appellees’ counsel in this case and appeal, have made campaign contributions to

Judge Martha Cook. Gillespie did not make a campaign contribution to Judge Cook, putting him

at severe disadvantage. University of Tennessee College of Law Professor Benjamin H. Barton,

author of the book “The Lawyer-Judge Bias in the American Legal System”, wrote that virtually

all American judges are former lawyers, a shared background that results in the lawyer-judge

bias. Professor Barton’s book argues that these lawyer-judges instinctively favor the legal

profession in their decisions and that this bias has far-reaching and deleterious effects on

American law Professor Barton discussed this in a YouTube video



financial affairs violated the Code of Judicial Canons 2, 3, 5 and 6. Judge Cook’s small ($276M)

nonmember FDIC insured bank lost over $10 million dollars in 2009 and 2010. In 2009 the bank sold a controlling interest to a foreign national, who during the review process in Florida, failed

to disclose that his past employer, ABN AMRO Bank, faced one of the largest Money

Laundering and Trading With The Enemy cases ever brought by the Department of Justice.

9. Judge Cook recused herself sua sponte November 18, 2010, the same day Gillespie filed

his Verified Emergency Motion For Writ of Prohibition and Motion for Order of Protection in

this Court, case no. 2D10-5529.

10. For almost eight (8) months the Clerk of the Circuit Court did not comply with Judge

Cook’s Order Prohibiting Plaintiff From Appearing Pro Se and accepted Gillespie’s filings.

(Exhibit 3). However in a letter dated July 11, 2011 (received by Gillespie July 14, 2011) the

Clerk returned Gillespie’s filings submitted July 6, 2011 and filed July 7, 2011. (Exhibit 5). The

Clerk even struck her own “filed” stamp. The Clerk returned Gillespie’s Motion to Strike or Set

Aside Joint Stipulation For Dismissal With Prejudice, and Motion to Strike or Set Aside

Settlement Agreement (Exhibit 5) A pleading in a cause after filing becomes a part of the



11. Given that the Order Prohibiting Plaintiff From Appearing Pro Se is a sham as set forth in

paragraph 3, and that the Clerk failed to maintain the file as set forth in the preceding paragraph,

perhaps this Court could strike sua sponte the Order. Gillespie is unable to find counsel willing

to sign his pleadings, given the nature o f Mr. Rodems' litigation style, which was described by

Gillespie's former counsel Mr. Bauer as a "full nuclear blast approach" and a "full blast attack".

WHEREFORE, Appellant moves for leave to amend his Notice o f Appeal, or other relief

this Court deems appropriate, including striking the Order Prohibiting PlaintiffFrom Appearing

Pro Se, or compelling the Clerk to reinstate Gillespie's pleadings filed July 7 2011.

RESPECTFULLY SU MITIED July 18, 2011.

Certificate o f Service

I HEREBY CERTIFY that a PDF CD copy of the foregoing was mailed July 18 2011 to



IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDASECOND DISTRICT

NEIL J. GILLESPIE

Appellant,Case No.: 2D10-5197Lower Court Case No. 05-CA-007205

vs.

BARKER, RODEMS & COOK, PA, a FloridaCorporation; and WILLIAM J. COOK,

Appellees. ________________________________________/

APPELLANT’S MOTION TO AMEND NOTICE OF APPEAL

APPENDIX

Exhibit 1 Order To Show Cause Why Plaintiff Should Not Be Prohibited From Appearing

Pro Se, November 4, 2010, allowing 20 days for Plaintiff to respond





NEIL J. GILLESPIE, CASE ID: 05-CA-7205Plaintiff,

v.


Defendants.

- - - - - - - - - - - - - - ,

ORDER TO SHOW CAUSE WHY PLAINTIFF

SHOULD NOT BE PROHIBITED FROM APPEARING PRO SE

THIS MATTER is before the Court on Defendants' "motion for an order to show cause as

to why Plaintiff should not be prohibited from henceforth appearing pro se, filed on July 29,

2010. t is alleged that Plaintiffis an abusive litigant who should not be permitted to file further

pleadings in this cause unless they are first reviewed and signed by an attorney licensed to practice

law in this state. The catalogue of Plaintiffs disruptive conduct is extensive.

The court is ever mindful of the constitutional right each citizen enjoys to access the courts



attorney. 2 And he must adhere to the rules of court and of civil procedure as would any member

of the Bar. 3 There is no reason to hold the pro se litigant to a lesser standard of decency. So we

may justly look to the rules of professional conduct as well as to our common notions of decorum

to find what conduct is required of every litigant. The motion alleges many facts which contradict

these ideals. An abusive litigant will not be tolerated to handicap the judic ial function upon which

all citizens depend. 4

t is therefore ORDERED that Plaintiff SH LL RESPOND to the motion, in writing,

within twenty days of the date of this order and SHOW CAUSE, i f any, why the Clerk of Courtshould not be instructed to reject for filing any future pleadings, petitions, motions or other

documents which he submits for filing unless they are signed by a member of The Florida Bar.

Failure to file a timely response to the motion may result in its being granted.

DONE ND ORDERED in Chambers in Hillsborough County, Florida, this day of

November, 2010.





NEIL J GILLESPIE, CASE ID: 05-CA-7205Plaintiff,

v

BARKER, RODEMS & COOK, P.A., DIVISION: Ga Florida corporation; andWILLIAM J COOK,

Defendants.- - - - - - - - - - - - _ . - : /

ORDER PROHIBITING PLAINTIFF FROM APPEARING PRO SE

THIS MATTER is before the Court on Defendants' "motion for an order to show cause as

to why Plaintiff should not be prohibited from henceforth appearing pro se, filed on July 29,


pleadings in this cause unless they are first reviewed and signed by an attorney licensed to practice

law in this state. Defendants allege that Plainti ff's prosecution is an affront to the dignity of thejudicial systen1 and an unacceptable burden on its resources. On November 4, 2010, this court

i d h d h h Pl i iff h ld b hibi d f i



The Court therefore ORDERS as follows:

1. Plaintiff SHALL CEASE filing any pleading, correspondence, or other document in this






3. The Clerk of Court SHALL NOT DOCKET any pleading, correspondence or other


DONE AND ORDERED in Chambers in Hillsborough County, Florida, this 15 th day of

November, 2010.

ORlGIN LSjGi\JEDOV 15 2 IJ

MARTHA J. COOK Circuit Judge l: i<THA J ~

CIRCUITJUDGr

Send copies to:N il J Gill i





IN THE CIRCUIT COURT OF THE TIDRTEENTH JUDICIAL CIRCillTIN AND FOR HILLSBOROUGH COUNTY, FLORIDA


NEIL J. GILLESPIE,

Plaintiff,vs. Case No.: 05-CA-007205

Division: J

BARKER, RODEMS COOK, P.A.,a Florida corporation; and WILLIAM

J. COOK,

Defendants.

DEFENDANTS' MOTION TO STRIKE PRO SE FILINGS BY PLAINTIFF

Defendants Barker, Rodems Cook, P.A. and William J Cook move to strike all pro se

filings by PlaintiffNeil J Gillespie on or after November 15, 2010, and as grounds therefor would

state:

1 On November 15, 2010, this Court entered the Order Prohibiting Plaintiff from

Appearing Pro Se (November 15,2010 Order), which Plaintiff did not appeal. A true and correct

copy of the November 15, 2010 Order is attached hereto.



WHEREFORE, Defendants move to strike Plaintiffs' filings on or after November 15,

2010 that are not signed by an attorney duly licensed to practice in the State o f Florida.

DATED this 26th day of April, 2011.

STOPHER RO EMS, ESQUIREFlorida B No. 947652Barker, Rodems & Cook, P.A.400 North Ashley Drive, Suite 2100Tampa, Florida 33602Telephone: 813/489-1001Facsimile: 813/489-1008Attorneys for Defendants

CERTIFICATE O SERVICE

I HEREBY CERTIFY that a true and correct copy o f the foregoing has been furnished via

U.S. Mail to Neil J Gillespie, 8092 SW 115 th Loop, Ocala Florida 34481 this 26th day of A ril,

2011.



July 11, 2011

Neil J. Gillespie8092 W 115 th LoopOcala, FL 34481

Mr. Gillespie:

RE: Case 05-CA-7205

This office is returning the following pleadings pursuant to the attached court order signed onNovember 15, 2010:

1. Letter to clerk dated July 6, 2011.2. Plaintiff s Motion to Strike or Set Aside Joint Stipulation for Dismissal with Prejudice and

Plaintiff s Motion to Strike or Set Aside Settlement Agreement.3. Plaintiff s Motion to Strike or Set Aside Joint Stipulation for Dismissal with Prejudice and

Plaintiff s Motion to Strike or Set Aside Settlement Agreement. Appendix 1.4. Plaintiff s Motion to Strike or Set Aside Joint Stipulation for Dismissal with Prejudice and

Plaintiff s Motion to Strike or Set Aside Settlement Agreement. Appendix 2.

Thank you,



•




v.


Defendants.1

ORDER PROHIBITING PLAINTIFF FROM APPEARING PRO SE~ _ i

- : }.' '

'



2010. It is alleged that Plaint iff is an abusive litigant who should not be permitted to file further







1. Plaintiff SHALL CEASE filing any pleading correspondence or other document in this






3. The Clerk of Court SHALL NOT DOCKET any pleading correspondence or other



day of

November 2010.



Send copies to:



July 6 2011

Clerk of the Circuit Court

Circuit CivilP.O. Box 989Tampa FL 33601-0989

RE: Gillespie v Barker Rodems Cook P.A. et aI Case no: 2005 CA-7205 Division J

Kindly date stamp and file the following:

1 PLAINTIFF S MOTION TO STRIKE OR SET ASIDE JOINTSTIPULATION FOR DISMISSAL WITH PREJUDICE and PLAINTIFF SMOTION TO STRIKE OR SET ASIDE SETTLEMENT GREEMENT

Appendix 1

Appendix 2



.

•

I

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL C I R 6 IT

IN AND FOR HILLSBOROUGH COUNTY, FLORIDA \GENERAL CIVIL DIVISION .

.NEIL 1. GILLESPIE,


vs.

BARKER, RODEMS & COOK, P.A., DIVISION: Ja Florida corporation; WILLIAMJ. COOK,

Defendants./




1 Plaintif f pro se Neil 1. Gillespie ( Gillespie ) moves to strike or set aside the Joint

Stipulation For Dismissal With Prejudice ( joint stipulation ) dated June 21, 2011. (Exhibit A).

Gillespie moves to strike or set aside the Settlement Agreement And General Mutual Release

( settlement ) allegedly agreed to by Gillespie June 21, 2011 while he was in the custody of the




IN AND FOR HILLSBOROUGH COUNTY, FLORIDA


NEIL J GILLESPIE,

Plaintiff, CASE NO.: 05-CA-007205 \ . :vs.

BARKER, RODEMS COOK, P.A., DIVISION: Ja Florida corporation; WILLIAM1 COOK,

Defendants.




APPENDIX 1

List of Exhibits

Exhibit A 06-21-201 I, 05-CA-00n Joint Stipulation For Dismissal With Prejudice

Exhibit B 06-21-2011 5:1O-cv-00503 Notice o f Assignment Claims Motion To Dismiss




IN AND FOR HILLSBOROUGH COUNTY, FLORIDA GENERAL CIVIL DIVISION I

,

IINEIL 1 GILLESPIE, \


vs.

BARKER, RODEMS COOK, P.A., DIVISION: Ja Florida corporation; WILLIAM - COOK,

Defendants.

_ /




APPENDIX 2

List of Exhibits

Exhibit I 11-08-2010, Notice o f filing letters, Rodems, NJG, deposition

Exhibit 2 Time line o f ex-parte hearings



VIA U.P.S. No. lZ64589FP291405994 August 30 2013Email: [email protected]

Dale Bohner, Counsel to the ClerkOffice of the Clerk of the Circuit CourtThirteenth Judicial Circuit601 E. Kennedy Blvd., 13 th FloorTampa, FL 33601

RE: Neil J. Gillespie vs. Barker, Rodems & Cook, PA et aI, No. 05-CA-7205

Dear Mr. Bohner:

This letter is to inform the Clerk of errors showing on the online case summary in theabove captioned lawsuit. In addition, I hereby give notice pursuant to Rule 2.430(g),Fla.R.Jud.Admin., to surrender to me the case file in the above captioned case prior to itbeing destroyed in accordance with regular destruction schedules.

1. The online "case summary" neglects to show Mr. Bauer as my retained counsel ofrecord fronl April 2, 2007 through October 9, 2009. Please update or correct the record.

Robert W. Bauer, Florida Bar ID No. 11058Law Office of Robert W. Bauer, P.A.2815 NW 13th St. Suite 200EGainesville, Florida 32609-2861

Please find enclosed Mr. Bauer's Notice of Appearance served April 2, 2007. Alsoenclosed is a conformed Order of Judge Barton granting Mr. Bauer's motion towithdrawal as counsel entered October 9, 2009.



Mr. Dale Bohner, Counsel to the Clerk August 30, 2013Office o the Clerk o the Circuit Court Page - 2

4 Please be advised that I fired Eugene P Castagiuolo as counsel on June 30, 2011,

see the enclosed notice I filed in federal court in Case 5: 10-cv-00503. Doc. 34. Kindlyupdate the case summary to reflect this change.

5 Pursuant to Rule 2.430(g), Fla.R.Jud.Adnlin., I request the file in Neil J Gillespievs. Barker, Rodems Cook, PA et al case no. 05-CA-007205 be surrendered to me priorto it being destroyed in accordance with regular destruction schedules.

6 Regarding the entry 01/17/2012, DO NOT ENTER ADDITIONAL OCUMENTSPER D. BOHNER, LEGAL ADVISOR TO CLERK (PER COURT ORDER DATED11/15/10), please be advised that the order tlpOn which you rely by Martha Cook, OrderProhibiting Plaintifffrom Appearing Pro Se, is not a legitimate order, but a sham ordercorruptly entered.

Recently Mr. Rodenls submitted a conformed copy o Martha Cook's sham order to TheFlorida Bar as part o his UPL complaint against me. In response I made AFFIDAVITOF NEIL J GILLESPIE ON JUDGE MARTHA J COOK'S Order Prohibiting Plaintifffrom Appearing Pro Se [A Sham Order], June 14, 2013. A copy is enclosed.

Also enclosed as a separate volume appendix to my affidavit is Plaintiff s 4th Motion toDisqualify Judge Martha J Cook Filed, November 10, 2010.

On August 21, 2013 I made a complaint against Martha Cook to the appropriate agency.My complaint shows Martha Cook failed on September 28, 2010 to properly respond tomy spoken motion to disqualify her, and failed to provide me a reasonable amount o

time to reduce my motion to disqualify her to writing as required by Rogers v State, 630So. 2d 513 (Fla. 1993). Thus, any order entered by Martha Cook on or after September28, 2010 is not reliable, since it was entered corruptly. Thus, the order is a sham.



September 12, 2013

Neil J Gillespie8092 SW 115th LoopOcala, FL 34481-3567

RE: Neil 1 Gillespie v Barker, Rodems Cook, P.A., et al.Case No.: 05 CA 00n05

Dear Mr. Gillespie:

This letter is in response to your letter dated August 30, 2013. First, your address for meis correct, except for the zip code which is 33602. I also receive mail at the Clerk's post officebox. That address is: P.O. Box 1110, Tampa, FL 33601. Note there is a diffe rence in the zip

codes. In response to the issues addressed in your letter, please be advised that I reviewed theseissues with the Director of the Clerk's Circuit Civil Division and respond as follows:



Neil J. GillespieSeptember 12 2013Page 2

5. You are entitled to apply to the Court for an order requiring the Clerk todeliver to you the court records that are to be destroyed or disposed o under Rule2.430 g). The Clerk will obey the directions in such an order.

6. I have reviewed your position. If the referenced order is superseded byanother order, the Clerk will follow the directions contained in such an order.

I trust I have provided you with the information that you requested. Thank you.

Very truly yours,

\ k { j ~ Dale K. Bohner, Esq.Legal Counsel to the Clerk



016H26525064AT FRANK CCI)6 1 East Kennedy Boulevard w U ). ~ ~ Y ~ ; l l

P.O. Box 11 10 ~ ~ O O 4 3 ~ ~ ~ h U VITampa Florida 13 '01-1110 ( l U - 9 12 2 13 ~ _ ~ . ; ) ~ ;

:I:\ ~ ~ ~ ~ ~ ~ ~ ~ i ~ ~ a:: a:: MailMl From 33602~ d w U )

LClerk of thE Circuit Court US POSTAGE

13th JudiCial Clfcuit

NEIL J. GILLESPIE8092 SW 115TH LPOCALA FL 34481-3567

\ ~ f £ . ~ ~ ~ ~ ~ \ \.11 ,1,11 '1'1'1111 ,1111,11111'1'1'11 '11' ,I 1.11'1'11l



VIA First Class Mail and Email: [email protected] January 7, 2014

Dale Bohner, Counsel to the Clerk Office of the Clerk of the Circuit CourtThirteenth Judicial Circuit601 E. Kennedy Blvd., 13th Floor Tampa, FL 33602

RE: Your letter September 12, 2013

Dear Mr. Bohner:

It has come to my attention that your attached letter September 12, 2013 is not correct,

6. I have reviewed your position. If the referenced order is superseded by another order, the Clerk will follow the directions contained in such an order.

and this docket entry in not correct or valid,

01/17/2012, DO NOT ENTER ADDITIONAL DOCUMENTS PER D.BOHNER, LEGAL ADVISOR TO CLERK (PER COURT ORDER DATED11/15/10

Take notice that the order by Martha Cook, Order Prohibiting Plaintiff from AppearingPro Se , is not a legitimate order, but a sham order corruptly entered.

Nonetheless, the fact that the legislature cannot set a judge's vacation days brings up a parallel and little known corollary: A judge cannot order the clerk of court to do anythingabsent a legislative mandate In civil court court orders routinely contain language that



Mr. Dale Bohner, Counsel to the Clerk January 7, 2014Office of the Clerk of the Circuit Court Page - 2

I am a consumer of legal and court services affecting interstate commerce in this case.

I commenced this lawsuit August 11, 2005 by filing the Complaint and paying a $255filing fee, in cash, to the Clerk of the Court. I paid an additional $40 cash August 11,2005 to the Hillsborough County Sheriff to serve the Complaint on the Defendants.

The Circuit Court of the Thirteenth Judicial Circuit, in and for Hillsborough County,Florida, is a court created by statute to administer, apply, and interpret the laws of thestate of Florida in a fair and unbiased manner without favoritism, extortion, improper influence, personal self-enrichment, self-dealing, concealment, and conflict of interest.

Pat Frank was elected Clerk of the Court and is by virtue of that public position of trustan officer of state government responsible for lawfully performing and discharging her duties without bias, favoritism, extortion, improper influence, personal self enrichment,self-dealing, concealment, and conflict of interest.

On information an belief, Clerk of Court Pat Frank, and you as counsel, are subject to§ 112.313(6) F.S., Misuse of Public Position:

112.313 Standards of conduct for public officers, employees of agencies, and local government attorneys.—

(6) MISUSE OF PUBLIC POSITION.—No public officer, employee of anagency, or local government attorney shall corruptly use or attempt to use his or her official position or any property or resource which may be within his or her

trust, or perform his or her official duties, to secure a special privilege, benefit, or exemption for himself, herself, or others. This section shall not be construed toconflict with s. 104.31.



September 12, 2013

Neil J Gillespie8092 SW 115th LoopOcala, FL 34481-3567

RE: Neil 1 Gillespie v Barker, Rodems Cook, P.A., et al.Case No.: 05 CA 00n05

Dear Mr. Gillespie:

This letter is in response to your letter dated August 30, 2013. First, your address for meis correct, except for the zip code which is 33602. I also receive mail at the Clerk's post officebox. That address is: P.O. Box 1110, Tampa, FL 33601. Note there is a diffe rence in the zipcodes. In response to the issues addressed in your letter, please be advised that I reviewed theseissues with the Director of the Clerk's Circuit Civil Division and respond as follows:



Neil J. GillespieSeptember 12 2013Page 2

5. You are entitled to apply to the Court for an order requiring the Clerk todeliver to you the court records that are to be destroyed or disposed o under Rule2.430 g). The Clerk will obey the directions in such an order.

6. I have reviewed your position. If the referenced order is superseded byanother order, the Clerk will follow the directions contained in such an order.

I trust I have provided you with the information that you requested. Thank you.

Very truly yours,

\ k { j ~ Dale K. Bohner, Esq.Legal Counsel to the Clerk



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January 14,2014

Neil J. Gillespie8092 SW 115th LoopOcala, FL 34481-3567

RE: Your Letter Dated January7

2014

Dear Mr. Gillespie:

This letter will acknowledge receipt of your letter to me dated January 7 2014. I haveread the position you take in your letter. f you apply to the Court for an order under Rule2.430 g) requiring the Clerk to deliver the court records that are to be destroyed or disposed of

in Case 05-CA-007205, the Clerk will follow the directions of the Court. Your application,

when filed, will be forwarded to the Court for consideration.

Very truly yours,



PAT FRANK__

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