application for order 2d10 5197 clerk birkhold 2ddca sep 27 2013

7/27/2019 Application for Order 2D10 5197 Clerk Birkhold 2dDCA Sep 27 2013

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VIA V.P.S. No. lZ64589FP293714825 September 27, 2013Hon. James R. Birkhold, Clerk ofCourtThe Second District Court ofAppeal1005 E. Memorial Blvd.Lakeland, FL 33801

RE: Application For Order - Rule 2.430(g), Fla.R.Jud.Admin.Neil J. Gillespie vs. Barker, Rodems & Cook, PA, et al.Appellate Case No.: 2DI0-5197; Lower Court Case No. 05-CA-007205Dear Clerk Birkhold:Please find enclosed for filing nlY Application For Order, Rule 2.430(g), Fla.R.Jud.Admin. Allparties shown on the certificate of service were provided a copy of this application.I am in receipt of "By Order OfThe Court" dated September 20, 2013 stating in part:

Neil Gillespie's motion to surrender files is denied without prejudice to the filing of apublic records requests under Chapter 119, Florida Statutes.I now believe my motion to surrender files was not the correct pleading under Rule 2.430(g).Instead the proper pleading is an Application for Order which is enclosed, and is directed only toAppellate Case No. 2DI0-5197. Please advise if any other appellate case shown in the motionhas not been destroyed or is otherwise available.A copy of this Court 's September 20, 2013 "By Order OfThe Court" is enclosed. I note thefollowing about this paper, or order, I am not sure what to call this document.1. The paper or order is not signed by a judge.2. The paper does not state a reason for denial. In the absence of a reason I conclude somethingelse is going on, and such denial may be a violation ofmy civil rights and/or disability rights.3. The order cites to Chapter 119 Florida Statutes, the public records law. Thus, the paper doesnot appear applicable to the surrender of a case file under Rule 2.430(g), Fla.R.Jud.Admin.4. I believe case files of the Second District Court ofAppeal are judicial branch records, Rule2.420(b)(I)(A). I do not believe judicial branch records are public records under Chapter 119.5. The paper or order does not address the status of records that may have been destroyed.6. The paper or order does not address the cost of the records. I am indigent and cannot pay thecost of records as provided by Chapter 119 Florida Statutes. The Hillsborough Clerk charges$1.00 per page. What does this Court charge for providing records?


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Hon. James R. Birkhold, Clerk ofCourt September 27, 2013The Second District Court ofAppeal Page - 27. Under Rule 2.430(g) it appears that my "motion to surrender files" was not appropriate. I gotthat terminology from Mr. Hall, Clerk of the Florida Supreme Court. Rule 2.430(g) provides thatan "applicant" may "apply" to the court for an order requiring the clerk to deliver to theapplicant the court records that are to be destroyed or disposed of.

(g) Disposition Other Than Destruction. Before destruction ordisposition of court records under this rule, any person may apply to the court foran order requiring the clerk to deliver to the applicant the court records that are tobe destroyed or disposed of: All parties shall be given notice of the application.The court shall dispose of that court record as appropriate.Therefore that distinction appears to be the basis for the denial ofmy "motion" to surrender files.Otherwise the Court's provision of public record copies under Chapter 119 is materially differentfrom the delivery of court records that are to be destroyed or disposed of. These are two verydifferent operations. I do not see how this Court's substitution of one for the other is appropriate.8. Kindly identify the records custodian ofjudicial branch records for the Second District CourtofAppeal, the nanle and contact address for the records custodian.9. If this matter becomes adversarial I will need a disability accommodation to participate in thisCourt' s proceedings, services, programs, or activities. I am disabled with mental and physicalimpairments. I may also need a guardian ad litem. Kindly provide the necessary forms.

Ne J. 11 pie80 2 SW 115th LoopOcala, Florida 34481cc: Hon. Pat Frank, Clerk ofCircuit CourtRyan Christopher Rodems, Esq., Barker, Rodems & Cook, P.A.Enclosures: Application For Order; "By Order OfThe Court" dated September 20, 2013


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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDASECOND DISTRICT, POST OFFICE BOX 327, LAKELAND, FL 33802-0327

September 20, 2013

NOT CONSOLIDATEDCASE NO.: 2011-2127CASE NO.: 2010-5529CASE NO.: 2010-5197CASE NO.: 2008-2224CASE NO.: 2007-4530CASE NO.: 2006-3803L.T. No. : 05-CA-007205Neil J. Gillespie v. Barker, Rodems & Cook,P A & William J. CookAppellant I Petitioner(s), Appellee I Respondent(s).

BY ORDER OF THE COURT:Neil Gillespie's motion to surrender files is denied without prejudice to the

filing of a public records requests under Chapter 119, Florida Statutes.I HEREBY CERTIFY that the foregoing is a true copy of the original court order.

Served:Neil J. Gillespie Pat Frank, Clerk Ryan Christopher Rodems, Esq.pm

James BirkholdClerk


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SECOND DISTRICT COURT OF APPEALSTATE OF FLORIDA

NEIL J. GILLESPIEPlaintiff/Counter Defendant, Appellate Case: 2D10-5197

Lower Tribunal Case: 05-CA-7205vs.BARKER, RODEMS & COOK, P.A. andWILLIAM J. COOK,

Defendants/Counter Plaintiffs./

APPLICATION FOR ORDERApplicant Neil J. Gillespie (hereinafter "Applicant"), reluctantly appearing pro se due to

indigence and/or insolvency, applies to the Second District Court ofAppeal pursuant to Rule2.430(g), Fla.R.Jud.Admin., for an Order requiring the clerk to deliver to the applicant the courtrecords in Appellate Case No.: 2DI0-5197 that are to be destroyed or disposed of.

Rule 2.430(g), Fla.R.Jud.Admin.:(g) Disposition Other Than Destruction. Before destruction ordisposition of court records under this rule, any person may apply to the court foran order requiring the clerk to deliver to the applicant the court records that are tobe destroyed or disposed of. All parties shall be given notice of the application.The court shall dispose of that court record as appropriate.

All parties shown on the certificate of service were provided a copy of this application.RESPECFULLY SUBMITTED September 27, 2 0 1 ~ ",.,..-


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Certificate of ServiceI certify that the Application For Order in Appellate Case No. 2D10-5197 was provided

September 27, 2013 to:HaN. JAMES BIRKHOLDClerk of the Second District Court ofAppeal1005 E. Memorial Blvd.Lakeland, FL 33801VIA U.P.S. No. 1Z64589FP293714825

I certify that a copy hereof has been furnished to each of the following:HaN. PAT FRANK, Clerk ofCircuit CourtCounty Center601 E. Kennedy Blvd.Tampa, FL 33602VIA U.P.S. No. 1Z64589FP291209232Ryan Christopher RodemsBarker, Rodems & Cook, P.A.501 E Kennedy Blvd. Suite 790Tampa, Florida 33602-5258VIA U.P.S. No. 1Z64589FP290126047

RESPECTFULLY SUBMITTED September 27, 2013.

application for order 2d10 5197 clerk birkhold 2ddca sep 27 2013

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