~uprtmt

C!Court of jflorfba

TUESDAY, FEBRUARY 11,2014

CASE NO.: SCII-1622

Lower Tribunal No(s).: 2DIO-5197;

05-CA-7205
NEIL J. GILLESPIE

Petitioner(s)

vs.

BARKER, RODEMS & COOK,

ETAL.
Respondent(s)

Petitioner's withdrawal of motions for surrender of files is hereby

acknowledged.
Petitioner has filed an Application for Order on September 30, 2013,
requesting that the file for this case, in lieu of destruction, be released to him
subsequent to the Court's retention timeline requirement, in compliance with Fla. R.
Jud. Admin. 2.430(g). Petitioner's request is attached as Appendix A. All parties
have twenty days from the date of this order to submit, in writing, any objection to
Petitioner's request. Any objection submitted must also be served on all other
parties; the parties who are served with objections have fifteen days to respond.
A True Copy
Test:

~omaSino

Clerk, Supretne Court

ab
Served:
RYAN CHRISTOPHER RODEMS
NEIL J. GILLESPIE
HON. PAT FRANK, CLERK
HON. JAMES BIRKHOLD, CLERK

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SUPREME COURT OF FLORIDA

STATE OF FLORIDA

NEIL J. GILLESPIE
Plaintiff/Counter Defendant,

Case: SCII-1622
Lower Tribunal: 05-CA-7205

vs.
BARKER, RODEMS & COOK, P.A. and
WILLIAM J. COOK,
Defendants/Counter Plaintiffs.

----------------/
APPLICATION FOR ORDER
Applicant Neil J. Gillespie (hereinafter "Applicant"), reluctantly appearing pro se due to
indigence and/or insolvency, here in the first person, applies to the Supreme Court of Florida
pursuant to Rule 2.430(g), Fla.R.Jud.Admin., for an Order requiring the Clerk to deliver to the
Applicant the court records in Case: SC11-1622 that are to be destroyed or disposed of
Rule 2.430(g), Fla.R.Jud.Admin.:
(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 to
be destroyed or disposed ot: All parties shall be given notice of the application.
The court shall dispose of that court record as appropriate.
No paTty, person or entity other than me filed anything in the case.
All parties shown on the certificate of service were provided a copy of this application.
RESPECFULLY SUBMITTED September 27,2013.

Certificate of Service
I certify that the Application For Order in Case No. SC 11-1622 in the Florida Supreme
Court was provided September 27, 2013 to:
HON. THOMAS D. HALL

Office of the Clerk

Supreme Court of Florida

500 South Duval Street

Tal1ahassee, Florida 32399

VIA V.P.S. No. IZ64589FP290801254

I certify that a copy hereof has been furnished to each of the following:
HON. JAMES BIRKHOLD

Clerk of the Second District Court of Appeal

1005 E. Memorial Blvd.

Lakeland, FL 33801

VIA V.P.S. No. lZ64589FP293714825

HON. PAT FRANK, Clerk of Circuit Court

County Center

601 E. Kennedy Blvd.

Tampa, FL 33602

VIA V.P.S. No. lZ64589FP291209232

Ryan Christopher Rodems

Barker, Rodems & Cook, P.A.

501 E Kennedy Blvd. Suite 790

Tampa, Florida 33602-5258

VIA V.P.S. No. 1Z64589FP290126047

RESPECTFULLY SUBMITTED September 27,2013.

. I.

_ _ _ _

~uprtmt ctourt

of jflortba

MONDAY, MARCH 12, 2012

2213SEP30 PH 1=29

SC11-1622
Lower Tribunal No(s).: 2DI0o 97,
OS-CA- 7P);20ms~-----CASE NO.:

NEIL J. GILLESPIE

Petitioner(s)

vs.

BARKER, RODEMS &

COOK, ET AL.
Respondent( s)

The petitioner has filed a petition for writ of mandamus with the Court. To
the extent the petitioner seeks a writ of mandamus directed towards the district
court, the petition is denied because a writ of mandamus cannot be issued to direct
the manner in which a court shall act in the lawful exercise of its jurisdiction. State
ex reI. North St. Lucie River Drainage Dis!. v. Kanner, 11 So. 2d 889, 890 (Fla.
1943); see also Migliore v. City of Lauderhill, 415 So. 2d 62, 63 (Fla. 4th DCA
1982) (stating that ma:ndamus "is not an appropriate vehicle for review of a merely
erroneous decision nor is it proper to mandate the doing (or undoing) of a
discretionary act"), approved, 431 So. 2d 986 (Fla. 1983). To the extent the
petitioner seeks any additional relief, the petition is dismissed as facially
insufficient.
PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, JJ., concur.

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Served:
NEIL J. GILLESPIE /
RYAN CHRISTOPHER RODEMS
HON. PAT FRANK, CLERK
HON. JAMES BIRKHOLD, CLERK

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