appellant’s motion to extend time

8/21/2019 Appellant’s Motion to Extend Time

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SECOND DISTRICT COURT OF APPEAL

STATE OF FLORIDA

NEIL J. GILLESPIE,

Appellant/Petitioner pro se (nonlawyer), Appellate Case: 2D14-5388

Lower Tribunal Case: 05-CA-7205

vs.

BARKER, RODEMS & COOK, P.A. Et Al.,

Appellee/Respondent(s).

________________________________________/

APPELLANT’S MOTION TO EXTEND TIME

1. Appellant 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, hereby moves to extend time under Fla. R.

App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514, and states:

2. This Court’s Order entered April 30, 2015 states, “Appellant's initial brief shall be served

within 20 days or this appeal will be dismissed.” (Exhibit 1)

3 I move to extend time for 30 days under Rule 9 300(a) and Rule 2 514 as follows



I. This Court’s response to my Title II ADA Accommodation Request

5. This Court’s response to my Title II ADA Accommodation Request by Marshal Jo

Haynes shows this Court has the duty and authority to appoint counsel, notwithstanding the

denial by Marshal Haynes. I await appointment of counsel, without a conflict of interest.

6. The email response of Marshal Jo Haynes appears at Exhibit 2 and states:

Mr. Gillespie,I have reviewed your request and supporting documents. Your request must be denied

because legal representation relates to a service outside the court system.

7. In rebuttal to Marshal Haynes, the court system appoints counsel every day as a service

within the court system. Therefore Marshal Haynes is not correct in her assessment and denial of

a counsel appointment under Title II of the ADA Amendments Act of 2008. I will limit my

comments in response to the denial provided by Marshal Haynes until directed otherwise.

8. The court system appoints counsel as authorized by the Florida Constitution, Article V,

Judiciary, Section 14(a), funding for the state courts system...public defenders’ offices, and court

appointed counsel...shall be provided from state revenues appropriated by general law.

9 Florida Constitution Article V Judiciary Section 18 “Public defenders In each judicial



counsel but the public defender is unable to provide representation due to a conflict of interest or

is not authorized to provide representation.

12. Section 27.40(2)(a) Private counsel shall be appointed to represent persons in those cases

in which provision is made for court-appointed counsel but the office of criminal conflict and

civil regional counsel is unable to provide representation due to a conflict of interest.

(b) Private counsel appointed by the court to provide representation shall be selected

from a registry of individual attorneys maintained under this section.

13. Section 27.40(3) In using a registry:

(a) The chief judge of the circuit shall compile a list of attorneys in private practice, by

county and by category of cases, and provide the list to the clerk of court in each county.

The chief judge of the circuit may restrict the number of attorneys on the general registry

list. To be included on a registry, an attorney must certify that he or she:

1. Meets any minimum requirements established by the chief judge and by

general law for court appointment;

2 Is available to represent indigent defendants in cases requiring court



(2) When the office of criminal conflict and civil regional counsel has a conflict of

interest, private attorneys appointed by the court to represent indigents or other classes of

litigants in civil proceedings requiring court-appointed counsel in accordance with state

and federal constitutional guarantees and federal and state statutes.

Note: This section applies in any situation in which the court appoints counsel to protect

a litigant’s due process rights.

15. The American Bar Association (ABA) has a "Civil Right to Counsel" page, "Law

Governing Appointment of Counsel in State Civil Proceedings", with 50 research reports, one

for each state detailing existing authority for appointment of counsel in various types of civil

proceedings. There is an Appendix: International Law Relating to Appointment of Counsel in

Civil Proceedings. [United States v. Duarte-Acero, 208 F. 3d 1282 (11th Cir. 2000) is a case

about International Law in Florida and the U.S. Eleventh Circuit.] The ABA Civil Right to

Counsel page is found at http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html

II Conflict of interest with the firm Morgan & Morgan and Ryan Christopher Rodems.

16 I request time to receive a response from John Bryan Morgan managing partner of



III Chief Inspector General Complaint Against the 2DCA to Melinda M. Miguel, CIG

19. On May 19, 2015 I submitted a Complaint pursuant to sec. 20.055(1)(d), Florida Statutes,

against the Second District Court of Appeal, to Chief Inspector General Melinda M. Miguel. The

Complaint appears at Appendix 2. Previously on December 4, 2014 I submitted a Complaint

pursuant to Section 20.055(1)(d), Florida Statutes, against the Second District Court of Appeal,

to Greg White, Inspector General, Office of Inspector General, State Courts System. IG White

refused to investigate the complaint. IG White wrote “After reviewing some of the voluminous

material that you have sent to me, I conclude that your complaint is not creditable.” It appears IG

White is biased toward me, and his decision reflects his bias: IG White failed to explain why my

complaint is not creditable.

20. IG White is wrong in his statement:

“Additionally, your legal issues are properly addressed through the judicial process and

this office will not be involved in any attempt to circumvent that process.”

This complaint is directed only against the Florida Second District Court of Appeal. Misconduct

by individual judges will be brought by separate complaint to the appropriate agency. This is not



22. My complaint against the 2dDCA shows serious wrongdoing by the Court. Therefore, a

reasonable person could conclude I could not get a fair hearing in the Florida Second District

Court of Appeal due to bias.

23. Rule 2.330(d) defines the general grounds for disqualification and identifies several

specific grounds. As previously noted, the legal procedure for disqualification is intended to

serve the same general goals as the Code of Judicial Conduct. A judge is obligated by the Code

of Judicial Conduct to enter an order of disqualification in any of these circumstances even if a

party has not filed a motion for disqualification. It follows that a motion for disqualification is

legally sufficient if it alleges any of these matters listed in Canon 3E(1).

24. In this case the record is clear that the Second District Court of Appeal can not be

impartial. The basic tenet for disqualification of a judge is that justice must satisfy appearance of

justice, and this tenet must be followed even if record is lacking of any actual bias or prejudice

on judge's part, and even though this stringent rule may sometimes bar trial by judges who have

no actual bias and who would do their very best to weigh scales of justice equally between

contending parties Kielbania v Jasberg 744 So 2d 1027



IV Other Grounds for Civil Counsel Appointment

26. As a nonlawyer I am not competent, and not diligent, as defined by the Rules Regulating

The Florida Bar. I am also a person with disabilities.

• Florida Bar Rule 4-1.1 Competence. (Exhibit 3)

A lawyer shall provide competent representation to a client. Competent representation

requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary

for the representation.

• Florida Bar Rule 4-1.3 Diligence. (Exhibit 4)

A lawyer shall act with reasonable diligence and promptness in representing a client.

• Social Security Disability determination (Exhibit 5)

The Social Security Administration, Office of Disability, Notice of Award letter dated

August 23, 1993 said I met the medical requirements to receive Social Security benefits,

and found that I became disabled under its rules on January 17, 1992.

• Fla. Stat. § 413.30(2) disability determinations by other state or federal agencies

413.30(2) Determinations...pursuant to Title II or Title XVI of the Social Security Act

shall be considered to have a physical or mental impairment that constitutes or results ina substantial impediment to employment and a significant disability.

27 A l i t t d th ADA b d di bilit i t ti t fi di



would be a denial of a hearing, and, therefore, of due process in the constitutional

sense..."

"...The right [p69] to be heard would be, in many cases, of little avail if it did not

comprehend the right to be heard by counsel. Even the intelligent and educated layman

has small and sometimes no skill in the science of law. If charged with crime, he is

incapable, generally, of determining for himself whether the indictment is good or bad.

He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be

put on trial without a proper charge, and convicted upon incompetent evidence, or

evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and

knowledge adequately to prepare his defense, even though he have a perfect one. Herequires the guiding hand of counsel at every step in the proceedings against him.

Without it, though he be not guilty, he faces the danger of conviction because he does not

know how to establish his innocence. If that be true of men of intelligence, how much

more true is it of the ignorant and illiterate, or those of feeble intellect. If in any case,

civil or criminal, a state or federal court were arbitrarily to refuse to hear a party by

counsel, employed by and appearing for him, it reasonably may not be doubted that such

a refusal would be a denial of a hearing, and, therefore, of due process in the

constitutional sense..."

Powell v. Alabama, 287 U.S. 45

Argued: October 10, 1932

Decided: November 7, 1932

224 Ala. 524, 531, 540, reversed.

29. The Supreme Court of Florida has a duty and the authority to administratively provide

legal counsel under the Fourteenth Amendment of the U.S. Constitution for Due Process:



31. Case law for due process under Florida Law:

10A Fla. Jur 2d Constitutional Law § 480 (2007)

The guaranty of due process of law extends to every type of legal proceeding. Pelle v.

Diners Club, 287 So. 2d 737 (Fla. Dist. Ct. App. 3d Dist. 1974); Tomayko v. Thomas,

143 So. 2d 227 (Fla. Dist. Ct. App. 3d Dist. 1962). Whenever life, liberty, or property

rights are involved in any official action, the organic requirements of due process of law

must be afforded, whether such action is the exercise of the powers of government by

governmental departments, State ex rel. Barancik v. Gates, 134 So. 2d 497 (Fla. 1961);Williams v. Kelly, 133 Fla. 244, 182 So. 881 (1938) or a duly authorized administrative

or ministerial function or duty. State ex rel. Barancik v. Gates. The constitutional

guaranty of due process of law applies not only to court and administrative procedures,

but also to legislative acts. Williams v. U.S., 179 F.2d 644 (5th Cir. 1950), cert. granted,

340 U.S. 849, 71 S. Ct. 77, 95 L. Ed. 622 (1950) and judgment aff'd, 341 U.S. 70, 71 S.

Ct. 581, 95 L. Ed. 758 (1951) (implied overruling on other grounds recognized by, U.S.

v. McDermott, 918 F.2d 319 (2d Cir. 1990)) and (overruling on other grounds recognized

by, Brzonkala v. Virginia Polytechnic Institute and State University, 169 F.3d 820, 136

Ed. Law Rep. 15 (4th Cir. 1999)).

10A Fla. Jur 2d Constitutional Law § 483 (2007)

Due process encompasses both substantive and procedural due process. McKinney v.

Pate, 20 F.3d 1550 (11th Cir. 1994); M.W. v. Davis, 756 So. 2d 90, 25 Fla. L. Weekly

S334 (Fla. 2000); State v. O.C., 748 So. 2d 945, 24 Fla. L. Weekly S425 (Fla. 1999).

WHEREFORE I respectfully move this Court to extend time for 30 days under Rule



Certificate of Service

I certify that the foregoing was served today May 20, 2015 through the Florida Court’s

E-filing Portal by email as provided by Rule 2.516 Service of Pleadings and Documents.

Pat Frank, Clerk of Circuit Court William J. Cook

Hillsborough County, Florida Barker & Cook, P.A.

County Center 501 E Kennedy Blvd. Suite 790

601 E. Kennedy Blvd. Tampa, Florida 33602-5258

Tampa, FL 33602-4156 Email: [email protected]: [email protected]

John Bryan Morgan Ryan Christopher Rodems

Morgan & Morgan Morgan & Morgan, P.A.

20 N Orange Ave. Suite 1600 20 N Orange Ave.

Orlando, FL 32801-4624 Orlando, Florida 32801-2414

Email: [email protected] Email: [email protected]

Melinda M. Miguel, Chief Inspector General Marshal Jo Haynes

Email: [email protected] Second District Court of Appeal

Email: [email protected]

RESPECTFULLY SUBMITTED May 20, 2015.

Neil J. Gillespie



IN

THE DISTRICT COURT OF

PPE L

OF THE STATE

OF

FLORIDA

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

April 30, 2015

CASE NO.: 2014-5388

L.T. No. : 05-CA-7205

Neil J Gillespie

v

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

Appellant Petitioner(s),

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 rlEREBY CERTIFY that the foregoing

is

a true copy of the original court order.

Served:

Ryan Christopher Rodems, Esq. William

J

Cook Barker, Rodems

&

Cook, P A

Neil J Gillespie Pat Frank, Clerk

Page 1 of 1



Neil Gillespie

From: "Jo Haynes" <[email protected]>To: "'Neil Gillespie'" <[email protected]>

Sent: Tuesday, December 16, 2014 3:14 PM Attach: GillespieADA.pdf Subject: RE: Gillespie ADA request 2D14-5388 Second District COA

g

Mr. Gillespie,

I have reviewed your request and supporting documents. Your request must be denied because legalrepresentation relates to a service outside the court system.

Regards,o Haynes Marshal, Second District Court of Appeal

863/499-2290

From Neil Gillespie [mailto:[email protected]]

Sent Monday, December 15, 2014 11:57 PM

To Jo Haynes

c Jack Harkness; John A. Tomasino

Subject Gillespie ADA request 2D14-5388 Second District COA

http://www.floridabar.org/divexe/rrtfb.nsf/FV/63890D65476BC14985257170006C3936



Search The Florida Bar

THE FLORIDA BAR / Rules

The Florida Barwww.floridabar.org

RULE 4-1.1 COMPETENCE

4 RULES OF PROFESSIONAL CONDUCT

4-1 CLIENT-LAWYER RELATIONSHIP

RULE 4 - 1 . 1 COM PETENCE

A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill,

thoroughness, and preparation reasonably necessary for the representation.

Comment

Legal knowledge and skill

In determining whether a lawyer employs the requisite knowledge and skill in a particular matter, relevant factors include the

relative complexity and specialized nature of the matter, the lawyer's general experience, the lawyer's training and experience in the

field in question, the preparation and study the lawyer is able to give the matter, and whether it is feasible to refer the matter to, or

associate or consult with, a lawyer of established competence in the field in question. In many instances the required proficiency is

that of a general practitioner. Expertise in a particular field of law may be required in some circumstances.

A lawyer need not necessarily have special training or prior experience to handle legal problems of a type with which the lawyer is

unfamiliar. A newly admitted lawyer can be as competent as a practitioner with long experience. Some important legal skills, such

as the analysis of precedent, the evaluation of evidence and legal drafting, are required in all legal problems. Perhaps the most

fundamental legal skill consists of determining what kind of legal problems a situation may involve, a skill that necessarily

ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A LAWYER

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circumstances.

Maintaining competence

To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, engage in

continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.

[Revised: 05/22/2006]

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Search The Florida Bar

THE FLORIDA BAR / Rules

The Florida Barwww.floridabar.org

RULE 4-1.3 DILIGENCE

4 RULES OF PROFESSIONAL CONDUCT

4-1 CLIENT-LAWYER RELATIONSHIP

RULE 4 - 1 . 3 D I L I GENCE

A lawyer shall act with reasonable diligence and promptness in representing a client.

Comment

A lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and

take whatever lawful and ethical measures are required to vindicate a client 's cause or endeavor. A lawyer must also act with

commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. A lawyer is not bound,however, to press for every advantage that might be realized for a client. For example, a lawyer may have authority to exercise

professional discretion in determining the means by which a matter should be pursued. See rule 4-1.2. The lawyer's duty to act with

reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process

with courtesy and respect.

A lawyer's workload must be controlled so that each matter can be handled competently.

Perhaps no professional shortcoming is more widely resented than procrastination. A client's interests often can be adversely

affected by the passage of time or the change of conditions; in extreme instances, as when a lawyer overlooks a statute of

limitations, the client's legal position may be destroyed. Even when the client's interests are not affected in substance, however,

ABOUT THE BAR NEWS & EVENTS FOR THE PUBLIC MEMBER SERVICES LOG IN FIND A LAWYER

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Social

Security

Administration

Retirement Survivors and

Disability

Insurance

Notice of Award

Office

of

Disability

and

International

Operations

1500 Woodlawn Drive

Baltimore,

Maryland

21241-0001

Date:

August

23, 1993

Claim Number: 160-52-5117HA

NEIL J GILLESPIE

266 7 AVE NE APT 5

ST PETERSBURG,

FL

33701-2651

1

•

11 1

111

•• 1 1 11

1 1

11 11

••

1

We recently told you that you met the medical requirements t receive Social

Security benefits. Now we

are

writing t tell you that you

meet

the

other

requirements. Therefore you qualify for monthly disability benefits from Social

Security beginning

July

1992.

However, we

cannot pay

you for July 1992

through

July 1993.

The

Date You Became Disabled

We found

that

you became disabled under

our

rules on

January

17, 1992. This is

different from

the date

given on

the

application.

Also, you

have

to

be

disabled for 5 full

calendar months

in

a row before you

can

be

entitled t benefits.

For these

reasons, your first

month of entitlement

to

benefits is

July

1992.



. 160-52-5117HA

Page 2 of 3

Other Government Payments Affect

Benefits

Besides the money we are sending you now, you may be due some more Social

Security money for

July

1992 through

July

1993. We must first subtract the

amount of

your Supplemental

Security

Income

payments

for some or all

of

these

months from the Social Security money you are due. When we figure

the

amount

we have to subtract we will send

another

letter to show how it was

done. If you are still due some money after the subtraction, we will also send

you a check.

Other

Social

Security

Benefits

The benefit described

in

this letter is the only one you can receive from Social

Security.

If

you

think

that you might qualify for

another

kind

of

Social Security

benefit in the future, you will have to file another application.

Do You

Disagree

With

The Decision?

If

you

think

we

are

wrong, you

have

the

right

to appeal. A person who did

not

make the

first decision will decide

your

case. We will correct

any

mistakes.

e

will review those parts of the decision which you believe are wrong

and

will look

at any

new facts you have. We may also review those parts which you believe

are correct and may make them unfavorable or less favorable to you.

• You have 60 days to

ask

for an appeal.

• The 60 days start the day after you receive this letter.

• You

must

have

a good

reason

if

you

wait

more

than

60

days to

ask

for

an

appeal.



• 160-52-5117HA

Page 3

of

3

Your

Responsibilities

The decisions we made on your claim

are

based on informat ion you gave us. If

this information changes,

it

could affect your benefits.

For this

reason,

it

is

important

that you

report

changes to us right away.

We have enclosed a pamphlet, When You

Get

Social Security Disability

Benefits...

What

You Need To Know.

It

will tell you

what must

be

reported and

how

t

report. Please be sure

to read

the parts of the

pamphlet

which explain

what

t do if you

go

to work or if your

health

improves.

If You Want Help With Your

Appeal

You can

have

a friend, lawyer or someone else help you.

There

are

groups

that

can help you find a lawyer or give you free legal services

if

you qualify.

There

are

also lawyers who do not charge unless you win your appeal. Your local Social

Security office

has

a list

of

groups

that can

help you

with

your appeal.

If you

get

someone to help you, you should let us know. If you hire someone, we

must

approve

the

fee before

he

or she

can

collect it. And

if

you hire a lawyer, we

will withhold

up t

25

percent of any past

due benefits to

pay

toward

the

fee.

If You Have Any Questions

If

you

have

any

questions, call us toll free

at

1-800-772-1213. We

can answer

most

questions over

the

phone. You

can

also

write

or visit

any

Social Security

office.

The

office

that

serves your area is located at:

DISTRICT

OFFICE

898 3 TH AVE NORTH

ST PETERSBURG,

FL

33704



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

v

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

Appellant / Petitioner(s), 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:



____ . 'c

0:

W err , .

DISTRICT COURT

OF APPEAL

SECOND DISTRICT

P.O.

BOX 327

LAKELAND FLORIDA

33802

0327

f r

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1'1 t

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rUT

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Neil

J.

Gillespie

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Ocala, FL 34481

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