NOTICE of FILING Appeal to the Florida Supreme Court

THIS IS NOT A COMMERCIAL FORCLOSURE

IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT FLORIDA
IN AND FOR MARION COUNTY

REVERSE MORTGAGE SOLUTIONS, INC.,
CASE NO.: 2013-CA-000115
42-2013-CA-000115-AXXX-XX

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.

Residential Home Foreclosure Case
Florida Homestead of Neil J. Gillespie

Defendants.
________________________________________/
DEFENDANTS’ NOTICE OF FILING APPEAL TO THE FLORIDA SUPREME COURT
Defendant pro se Neil J. Gillespie, an indigent/insolvent nonlawyer, a person with
disabilities, and consumer of legal and court services affecting interstate commerce, henceforth
in the first person, gives Notice of Filing Appeal (5DCA-0340) to the Florida Supreme Court.
1.

NOTICE OF APPEAL (5DCA-0340) to the Florida Supreme Court. Certified question:
Is the Americans with Disabilities Act recognized in Florida Courts?

2.

ADA Title II Grievance-Fifth District Court of Appeal May-28-2015. My ADA Title II
Grievance was filed May 28-2015 with OSCA and should accompany this appeal.

3.

5DCA CaseMail with Clerk’s scan of item 1, NOTICE OF APPEAL to the Florida
Supreme Court. The Clerk’s scan of the last page of my NOTICE is not legible.

4.

5DCA CaseMail with transmittal of the appeal to the Clerk of the Florida Supreme Court.

Certificate of Service: I Hereby Certify that I provided the above court documents today June 18,
2015 through the Florida E-Filing Portal to names on the Portal service list.
RESPECTFULLY SUBMITTED June 18, 2015.

Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481

Phone: 352-854-7807
Email: [email protected]

IN THE DISTRICT COURT OF APPEAL
FOR THE FIFTH DISTRICT, FLORIDA
NEIL J. GILLESPIE, ETC.,
RECEIVED, 6/17/2015 11:56 PM, Joanne P. Simmons, Fifth District Court of Appeal

APPEAL NO. 5D15-0340
Appellant,
L.T. 2013-CA-000115
42-2013-CA-000115-AXXX-XX
MARION COUNTY, FLORIDA

VS.
REVERSE MORTGAGE SOLUTIONS,
INC.,
Appellees.
_______________________________________ /

Residential Home Foreclosure Case
Florida Homestead of Neil J. Gillespie
HECM Reverse Mortgage Foreclosure

NOTICE OF APPEAL
SUPREME COURT CERTIFICATION
Appellant pro se Neil J. Gillespie, an indigent/insolvent nonlawyer, unable to obtain
adequate counsel, a person with disabilities, and a consumer of legal and court services affecting
interstate commerce, in the first person, gives notice of appeal of the attached opinion, and
certifies to the Florida Supreme Court a question of great public importance, and states:
1.

The attached Order of the Court May 18, 2015 states:
Inasmuch as the period of time for responding to the April 27, 2015, order to show cause
was extended at Appellant’s request to May 11, 2015, and that period has expired without
a response being filed, it is
ORDERED that Appellant’s failure to prosecute the appeal, the above-styled cause is
dismissed pursuant to the Florida Rule of Appellant Procedure 9.410.

2.

The Order, entered by Clerk Joanne P. Simmons of the Fifth District Court of Appeal,

misstates the facts. My initial filing was 36 pages and received January 28, 2015 at 4:03 PM,
page 1 of which is attached. Subsequently I became ill due to type 2 diabetes and glucose
readings approaching 500. I made additional filings that Clerk Simmons wrongly removed from
the docket. I got no response to my Title II ADA disability request filed May 12, 2015.
3.

Certified question: Is the Americans with Disabilities Act recognized in Florida Courts?

RESPECTFULLY SUBMITTED June 17, 2015.

Neil J. Gillespie, pro se
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: [email protected]
Certificate of Service
I hereby certify that I served the foregoing on Mr. Wilson June 17, 2015.
Mr. Curtis Alan Wilson
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: [email protected]

Neil J. Gillespie, pro se

Filing # 22991549 E-Filed 01/26/2015 11 :55:00 PM

RECEIVED, 1/28/2015 4:03 PM, Pamela R. Masters, Fifth District Court of Appeal

REVERSE MORTGAGE SOLUTIONS, I

c.,

IN THE CIRCUIT COURT OF THE
FIFTH JUDICIAL CIRCUIT OF FLORIDA
IN AND FOR MARION COUNTY
CASE NO.: 20I-,-CA-000115
42-2013-CA-000115-AXXX-XX

Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK GILLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10, 1997, ET AL.
- - - - -- - - - - - - - - - _/

DEFENDANTS' NOTICE OF APPEAL, MOnO TO STAY PENDING APPEAL, AND
MOTION TO COMPEL PLAINTIF F TO OBTAIN COUNSEL FOR UNKNOW PARTIE
Defendants Neil 1. Gillespie, individually, and as trustee per F.S. Ch. 736 Part III, a
person with disabilities, henceforth in the first person, give notice of appeal the Order from Case
Management Conference, moves the Court to stay the proceedings pending the appeal, and
moves the Court to compel the Plaintiff to obtain counsel for unknown parties, and states:
I.

I give notice of appeal to the Fifth District Court of Appeals, or the Florida Supreme

Court on Petition For Writ of Prohibition, the ORDER FROM CASE MANAGEl\1ENT
CONFERENCE entered by Judge Hale R. Stancil of this Court January 6, 20IS. A copy of the
ORDER signed by Judge Stancil appears at Exhibit I.
2.

The ORDER FROM CASE MANAGEMENT CONFERENCE Exhibit 1) signed by

Judge Stancil January 6, 20 IS, shows it was docketed on January 7, 2015, but not mailed until
January 9, 2015, according to a stamp on last page of the Service List.
3.

The Service List to the ORDER FROM CASE MANAGEMENT CONFERE CE

(Exhibit I) signed by Judge Stancil January 6, 2015, shows two "unknown" parties:
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement
dated February 10, 1997; and Unknown spouse of Elizabeth Bauerle.

Marion County, FL David R. Ellsperrnann, Clerk lI2612015 11:55:00 PM

http://edca.5dca.org/Success.aspx?CaseID=25061&FOBO=Neil J. Gillespie, Appellant&eFilingID=104127

Case
List

Case

Docket

File
Document

Pending
Filings

Rejected
Filings

My
Notifications

eFiling Confirmation
Your Document has been received.
The Clerk of the Court will process the document during regular business hours. Once
processed you will be notified via email.
You may print this page for your records.
15-0340
NEIL J. GILLESPIE, ETC.
vs
REVERSE MORTGAGE SOLUTIONS, INC., ET AL.

Joanne P. Simmons, Clerk
Filer: Neil Gillespie
Bar No.:
EMail: [email protected]
Type: Notice
Document: Notice of Appeal to Supreme Court
Title:
On Behalf of: Neil J. Gillespie, Appellant
Date Filed: 06/17/2015
Time Filed: 11:56
NOTE: The clerk's office is not
currently serving a copy of your
document to the other parties. It is
your responsibility to continue to
serve a copy to all parties.
A copy of the filed document
may be obtained from the
'Pending Filings' page for
service to the other parties.

My
Profile

Logo

RECEIVED, 6/18/2015 9:20 AM, Joanne P. Simmons, Fifth District Court of Appeal

VIA Email to [email protected]
Debbie Howells
Executive Assistant to the State Courts Administrator
Office of the State Courts Administrator (OSCA)
Supreme Court Building
500 S. Duval Street
Tallahassee, Florida 32399-1900
Telephone: 850-922-4370

May 28, 2015

RE: Statement of Grievance, FIFTH DISTRICT COURT OF APPEAL
Americans with Disabilities Act 1990 (ADA), the ADA Amendments Act 2008,
and the Rehabilitation Act of 1973, as amended
Dear Ms. Howells:
Please find attached my Statement of Grievance, FIFTH DISTRICT COURT OF APPEAL. Take
note that the grievance form for the ADA 1990 PL 101-336 on OSCA’s website is outdated.
Americans with Disabilities Act (ADA) of 1990, Public Law 101-336
ADA Amendments Act 2008, Public Law 110-325
Florida/OSCA gets federal funding and is subject to the Rehabilitation Act of 1973, as amended.
I formally request the Statement of Grievance be made accessible as a “live” form to complete.
Please find attached:
1
2
3
4
5
6
7
8

Statement of Grievance, FIFTH DISTRICT COURT OF APPEAL
ADA Title II disability request of Neil J. Gillespie
ADA Cover Letter to Charles Crawford 5th DCA May-12-2015
email NJG to names
ADA Amendments Act 2008
ADA-Proclamation 07-1-2010
ADA-Proclamation 04-10-2015
Florida Bar Journal, Court urges all bars to get right with the ADA 2p

If you require anything else, please contact me. Thank you. Sincerely,

8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: [email protected]
cc: Thomas A. David (Tad), General Counsel, [email protected]
Attachments 1-8 as shown; all the original ADA Title II attachments are available on request.

http://edca.5dca.org/Success.aspx?CaseID=25061&FOBO=Neil J. Gillespie, Appellant&eFilingID=104139

Case
List

Case

Docket

File
Document

Pending
Filings

Rejected
Filings

My
Notifications

eFiling Confirmation
Your Document has been received.
The Clerk of the Court will process the document during regular business hours. Once
processed you will be notified via email.
You may print this page for your records.
15-0340
NEIL J. GILLESPIE, ETC.
vs
REVERSE MORTGAGE SOLUTIONS, INC., ET AL.

Joanne P. Simmons, Clerk
Filer: Neil Gillespie
Bar No.:
EMail: [email protected]
Type: Brief
Document: Other
Title:

ADA Title II Grievance-Fifth District Court of
Appeal May-28-2015

On Behalf of: Neil J. Gillespie, Appellant
Date Filed: 06/18/2015
Time Filed: 09:20
NOTE: The clerk's office is not
currently serving a copy of your
document to the other parties. It is
your responsibility to continue to
serve a copy to all parties.
A copy of the filed document
may be obtained from the
'Pending Filings' page for
service to the other parties.

My
Profile

Logo

Page 1 of 1

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

"Neil Gillespie" <[email protected]>
<[email protected]>; "Neil Gillespie" <[email protected]>
Thursday, June 18, 2015 9:30 AM
ADA Title II Grievance-Fifth District Court of Appeal May-28-2015.pdf
SERVICE OF COURT DOCUMENT, FL Fifth District Court of Appeal No. 5D15-0340

Court: Florida Fifth District Court of Appeal
Appeal No. 5D15-0340
Case Caption: NEIL J. GILLESPIE, ETC., V. REVERSE MORTGAGE SOLUTIONS INC.
PDF attachment for Neil J. Gillespie, Petitioner
ADA Title II Grievance-Fifth District Court of Appeal May-28-2015
Message: My ADA Title II Grievance was filed May 28-2015 with OSCA and should accompany this
appeal
Please contact the undersigned with any questions. Thank you.
Sender: Neil J. Gillespie
8092 SW 115th Loop
Ocala Florida 34481
Telephone: (352) 854-7807
Email: [email protected]

6/18/2015

Page 1 of 1

Neil Gillespie
From:
"Tad David" <[email protected]>
To:
"Neil Gillespie" <[email protected]>
Sent:
Thursday, May 28, 2015 5:18 PM
ATT00026.txt
Attach:
Subject: Read: ADA grievance May-28-2015 to Debbie Howells
Your message
To: Tad David
Subject: ADA grievance May-28-2015 to Debbie Howells
Sent: Thursday, May 28, 2015 5:06:35 PM (UTC-05:00) Eastern Time (US & Canada)
was read on Thursday, May 28, 2015 5:17:59 PM (UTC-05:00) Eastern Time (US & Canada).

6/18/2015

Americans with Disabilities Act of 1990
Statement of Grievance
Neil J. Gillespie

Name of Individual Making the Complaint _______________________
8092 SW 115th Loop

Address _________________________________________________
Ocala

City ____________________________________________________
Florida

State ___________________________________________________
19047
34481
Zip _____________________________________________________
352-854-7807

Day Telephone ____________________________________________
352-854-7807

Evening Telephone _________________________________________
Complete the following section if the complaint is being filed by a
person other than the individual making the complaint:
n/a

Complaint Filed By _________________________________________
n/a

Title (if appropriate) ________________________________________
n/a

Firm (if appropriate) _______________________________________
n/a

Address _________________________________________________
n/a

City ____________________________________________________
n/a

State ___________________________________________________
n/a

Zip _____________________________________________________
n/a

Day Telephone ____________________________________________
n/a

Evening Telephone _________________________________________
n/a

------------------------------------------------------------------------------This section is for court use only:

Date Filed ___________________________

Time Filed ___________________

Complaint Taken By ___________________________________________________
Staff Person’s Name

Neil J. Gillespie

Complainant’s Last Name ___________________________________
1.

Name the court or court facility in which the violation is alleged
to have occurred
FIFTH DISTRICT COURT OF APPEAL

___________________________________________________

2.

Describe what happened that led to the decision to file this
complaint. (If necessary, use an additional page to complete the
statement.)
On May 12, 2015 I submitted a completed Title II ADA Accommodation Request to

___________________________________________________

Charles Crawford by email at [email protected]. Attached is the form I submitted,

___________________________________________________

ADA TITLE II ACCOMMODATION REQUEST FORM, and three page cover letter.

___________________________________________________

The cover letter shows additional documents I submitted. I did not get a response.

___________________________________________________

I did not get an accommodation.

___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________

Neil J. Gillespie

Complainant’s Last Name ___________________________________
3.

State the desired remedy or the solution requested
Provide the accommodation requested ON THE FORM. Provide a written response.

___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________
___________________________________________________

4.

List those witnesses who can provide information that supports
or is relevant to your complaint
Charles R. Crawford, Marshal, [email protected]

Witness _____________________________________________
Fifth District Court of Appeal

Address _____________________________________________
City ________________________________________________
State _______________________________________________
Zip ________________________________________________
Day Telephone _______________________________________
Evening Telephone ____________________________________
Dr. John H. Armstrong, MD, FACS, Surgeon General and Secretary Health

Witness _____________________________________________
Florida Department of Health, [email protected]

Address _____________________________________________
City ________________________________________________
State _______________________________________________
Zip ________________________________________________
Day Telephone _______________________________________
Evening Telephone ____________________________________

FLORIDA STATE COURTS SYSTEM

ADA TITLE II ACCOMMODATION REQUEST FORM 1
FIFTH DISTRICT COURT OF APPEAL

RIGHTTOANACCOMMODATION
Ifyouareanindividualwithadisabilitywhoneedsanaccommodationinordertoparticipatein
acourtproceedingorothercourtservice,program,oractivity,youareentitled,atnocostto
you,totheprovisionofcertainassistance.Requestsforaccommodationsmaybepresentedon
thisform,inanotherwrittenformat,ororally.Pleasecompletetheattachedformandreturnit
toCharlesCrawford,FifthDistrictCourtofAppeal,300SouthBeachStreet,DaytonaBeach,
Florida32114,orFAX:386Ͳ947Ͳ1568,asfarinadvanceaspossible,butpreferablyatleast
seven(7)daysbeforeyourscheduledcourtappearanceorothercourtactivity.
Uponrequestbyaqualifiedindividualwithadisability,thisdocumentwillbemade
availableinanalternateformat.Ifyouneedassistanceincompletingthisformdue
toyourdisability,ortorequestthisdocumentinanalternateformat,pleasecontact
CharlesCrawford,FifthDistrictCourtofAppeal,300SouthBeachStreet,Daytona
Beach,Florida,32114;Phone:386Ͳ947Ͳ1544.

ADAACCOMMODATIONSPROVIDEDBYFLORIDACOURTS
PursuanttoTitleIIoftheAmericanswithDisabilitiesActtheFloridaStateCourtsSystemwill
makereasonablemodificationsinpolicies,practices,andprocedures;furnishauxiliaryaidsand
services;andaffordprogramaccessibilitythroughtheprovisionofaccessiblefacilities,the
relocationofservicesorprograms,ortheprovisionofservicesatalternativesites,as
appropriateandnecessary.
ExamplesofauxiliaryaidsorservicesthattheStateCourtsSystemmayprovideforqualified
individualswithdisabilitiesinclude:
ƒ
ƒ
ƒ
ƒ
ƒ

Assistivelisteningdevices
QualifiedASLorothertypesofinterpretersforpersonswithhearingloss
CommunicationaccessrealͲtimetranslation/RealͲtimetranscriptionservices
Accessibleformatssuchaslargeprint,Braille,electronicdocument,oraudiotapes
Qualifiedreaders


1

Thisformwasdevelopedforusebyindividualswithdisabilitieswhomayrequirea
modificationinapolicy,provisionofanauxiliaryaidorservice,orassignmenttoanaccessible
locationinordertoparticipateinacourtproceedingorothercourtservice,program,oractivity
thatiscoveredbyTitleIIoftheAmericanswithDisabilitiesAct.Courtemployeeswith
disabilitieswhoneedareasonableaccommodationtobeabletoperformtheessential
functionsoftheirjobsshouldcontacttheirimmediatesupervisor,theADAcoordinatorfortheir
court,theOSCAOfficeofPersonnelServices,ortheStateCourtsADACoordinator.

Rev.11/13

Accommodationsthataregrantedbythestatecourtsaremadeatnocosttoqualified
individualswithdisabilities. 2 

AIDS/SERVICESCOURTSCANNOTADMINISTRATIVELYGRANTASADA
ACCOMMODATIONS
ExamplesofaidsorservicestheFloridaStateCourtsSystemcannotprovideasan
accommodationunderTitleIIoftheAmericanswithDisabilitiesActinclude:
ƒ
ƒ
ƒ
ƒ
ƒ
ƒ

Transportationtoandfromthecourthouse
Legalcounseloradvice
Anofficialtranscriptofacourtproceeding
Personaldevicessuchaswheelchairs,hearingaids,orprescriptioneyeglasses
Personalservicessuchasmedicalorattendantcare
Readersforpersonaluseorstudy

Additionally,thecourtscannotadministrativelygrant,asanADAaccommodation,requeststhat
impactcourtprocedureswithinaspecificcase.Requestsforanextensionoftime,achangeof
venue,orparticipationincourtproceedingsbytelephoneorvideoconferencingmustbe
submittedbywrittenmotiontothepresidingjudgeaspartofthecase.Thejudgemayconsider
anindividual’sdisability,alongwithotherrelevantfactors,ingrantingordenyingthemotion.
Furthermore,thecourtcannotexceedthelawingrantingarequestforanaccommodation.For
example,thecourtcannotextendthestatuteoflimitationsforfilinganactionbecause
someoneclaimsthatheorshecouldnotmakeittothecourtontimeduetoadisability,nor
canthecourtmodifythetermsofagreementsamongpartiesasanADAaccommodation.
Finally,theAmericanswithDisabilitiesAct(ADA)doesnotrequirethecourtsystemtotakeany
actionthatwouldfundamentallyalterthenatureofcourtprograms,services,oractivities,or
thatwouldimposeanunduefinancialoradministrativeburdenonthecourts.


2

Pleasenotethatprovidingaccommodationsforsomeindividualswithdisabilitieswhoappear

inthecourtroomaspartoftheiremploymentdutiesorprofessionalpracticeisaresponsibility
thatappropriatelymaybesharedbytheindividual’semployerandthecourts.TitleIofthe
AmericanswithDisabilitiesActrequiresemployersof15ormoreemployeesandTitleIIofthe
AmericanswithDisabilitiesActrequiresallstateandlocalgovernmentemployerstoprovide
reasonableaccommodationstoqualifiedemployeeswithdisabilities.Inaddition,Section504
oftheRehabilitationActof1973,asamended,coversrecipientsoffederalfunding,and
requiresallcoveredorganizationstoprovideaccommodationsfortheiremployees.These
responsibilitiesareconcomitantwiththecourts’responsibilityunderTitleIIoftheADA.Itisto
everyone’sbenefitwhenemployersandthecourtsystemworktogethertoensurethat
reasonableaccommodationsforindividualswithdisabilitiesareprovidedinthemostefficient
andcosteffectivemanner.
FloridaStateCourtsSystemͲRev.11/13

Page2 

ADAAccommodationRequestForm

DOCUMENTATIONOFTHENEEDFORAUXILIARYAIDSANDSERVICES
Ifanindividualhasadisabilitythatisnotobvious,orwhenitisnotreadilyapparenthowa
requestedaccommodationrelatestoanindividual’simpairment,itmaybenecessaryforthe
courttorequiretheindividualtoprovidedocumentationfromaqualifiedhealthcareprovider
inorderforthecourttofullyandfairlyevaluatetheaccommodationrequest.These
informationrequestswillbelimitedtodocumentationthat(a)establishestheexistenceofa
disability;(b)identifiestheindividual’sfunctionallimitations;and(c)describeshowthe
requestedaccommodationaddressesthoselimitations.Anycosttoobtainsuchdocumentation
istheobligationofthepersonrequestingtheaccommodation.
























FloridaStateCourtsSystemͲRev.11/13

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ADAAccommodationRequestForm

FLORIDASTATECOURTSSYSTEMTITLEIIADAACCOMMODATIONREQUESTFORM
Pleasereturnthiscompletedformto:CharlesCrawford,FifthDistrictCourtofAppeal,300
SouthBeachStreet,DaytonaBeach,Florida32114,orFAX386Ͳ947Ͳ1568,asfarinadvance
aspossible,butpreferablyatleastseven(7)daysbeforeyourscheduledcourt
appearanceorothercourtactivity.
05
12
2015
1. Daterequestsubmitted:______/______/______
2. Personneedingaccommodation


Neil J. Gillespie
Name:_________________________________________________________________



Areyou(pleasecheckoneofthefollowingsevenoptions):



[]Defendant[]Litigant/Party[]Witness[]Juror[]Victim[]Attorney
✔



Consumer court services affecting interstate commerce
[]Other(pleasespecify):__________________________________________________
✔

3. Contactinformationforpersonneedingaccommodation


8092 SW 115th Loop
StreetorP.O.Box:________________________________________________________
Ocala
City:___________________________________________________________________



352-854-7807
Florida
State:___________________________________
ZipCode:_____________________



352-854-7807
TelephoneNumber(includeareacode):______________________________________



[email protected]
EmailAddress:___________________________________________________________



4. Personmakingrequest(ifotherthanthepersonneedingtheaccommodation)


n/a
Name:_________________________________________________________________



n/a
TelephoneNumber(includeareacode):______________________________________



n/a
EmailAddress:__________________________________________________________



n/a
Relationshiptopersonneedinganaccommodation:____________________________

5. Caseinformation(ifapplicable)


Gillespie v. Reverse Mortgage Solutions, Inc.
Styleofcase(casetitle),ifknown:__________________________________________



Appeal No. 5D15-0340; Petition No. 5D15-0340
Casenumber,ifknown:__________________________________________________



unknown/unassigned. I believe the Clerk is making rulings now 
Judge,ifknown:________________________________________________________



Now and for the duration of all my cases
Dateaccommodationneeded:______________________________________________




24/7
Timeaccommodationneeded:______________________________________________
not yet assigned
Location(courthouse/courtroom)accommodationneeded:_______________________



for the duration of all my cases
Durationforwhichtheaccommodationisrequested:____________________________



Typeofcase,ifknown(pleasecheckoneofthefollowingtenoptions):



[]appeal[]circuitcriminal[]circuitcivil[]familycourt
✔

FloridaStateCourtsSystemͲRev.11/13

Page4 

ADAAccommodationRequestForm



[]probate,guardianship,ormentalhealth[]countycriminal[]countycivil



5D15-0340/5D15-0341
[]trafficcourt[]smallclaim[]other(pleasespecify)____________________
✔



Typeofproceeding,ifknown(pleasecheckoneofthefollowingsixoptions):



[]arraignment[]bondhearing[]hearing[]trial[]appellateoralargument



Appeal 5D15-0340; and Petition 5D15-0341
[]other(pleasespecify)__________________________________________________
✔

6. Accommodationsrequested


Traumatic brain injury, etc.
Natureofdisabilitythatnecessitatesaccommodation:___________________________
See Amended Disability Motion, US11th Circuit, 12-11213-C, Neil J. Gillespie
________________________________________________________________________



Accommodationrequested(pleasecheckoneofthefollowingsixoptions):



[ ] Assistive listening device (Assistive listening systems work by increasing the
loudness of sounds, minimizing background noise, reducing the effect of distance,
and overriding poor acoustics. The listener uses a receiver with headphones or a
neckloop to hear the speaker.)
[ ] Communication access real-time translation/real-time transcription services
(CART is a word-for-word speech-to-text interpreting service for people who need
communication access. A rendering of everything said in the courtroom will appear
on a computer screen. CART is not an official transcript of a court proceeding.)
[ ] Sign Language Interpreter (Please specify American Sign Language, oral
interpreter, signed English, or other type of signing system used by persons with
hearing loss.):_______________________________________________________
___________________________________________________________________
[ ] Assignment to a courtroom that is accessible to a person using a mobility device
(Please specify wheelchair, scooter, walker, or other mobility device that is used.):_
___________________________________________________________________
[ ] Provision of court documents in an alternative format (Please specify Braille,
large print, accessible electronic document, or other accessible format used by
persons who are blind or have low vision.): _________________________________



I was/am determined totally disabled by
[]Otheraccommodation(pleasespecify):_____________________________________
✔
Social Security. I want an accommodation appropriate to my particular situation
________________________________________________________________________



an individualized inquiry made on a case-by-case basis that will allow my case
________________________________________________________________________



to be decided on the MERITS and not DISMISSED because I cannot do what
________________________________________________________________________
is needed because of disability, mental impairment, or criminality of a bad judge.
________________________________________________________________________






7. UsetheSubmitButton(immediatelyfollowing)tosendusyourrequest:
[]SubmitRequest
Submit


FloridaStateCourtsSystemͲRev.11/13

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ADAAccommodationRequestForm

THEFOLLOWINGSECTIONISTOBECOMPLETEDBYCOURTPERSONNELONLY
8. Daterequestwasreceived:______/______/______
9. Additionaloralorwritteninformationrequested?

[]Yes 

[]No

Ifso,describeinformation:____________________________________________________
___________________________________________________________________________
10. Describetheaccommodation(s)grantedbythecourt:______________________________
__________________________________________________________________________
11. Indicatethedurationtheaccommodationwillbeprovided:__________________________
___________________________________________________________________________
12. Ifanaccommodationisdenied,indicatereason(s)fordenial: 3 
[]Basedontheinformationprovided,itappearsthepersondoesnothaveadisabilityas
definedbytheADA
[]Requestedaccommodationdoesnotdirectlycorrelatetofunctionallimitations
[]Requestrelatestoaservice,program,oractivityoutsidethecourtsystem
(transportation,legalrepresentation,mentalhealthcounseling,parentingcourse,etc.)
[]Requestisforanaid/servicethecourtscannotadministrativelygrantasan
accommodationpursuanttoTitleIIoftheADA(officialtranscript,extensionoftime,etc.)
[]Requestedaccommodationwouldresultinanundueburden
[]Requestedaccommodationwouldresultinafundamentalalteration
[]Other(pleasespecify):_____________________________________________________
13. Remarks:__________________________________________________________________
__________________________________________________________________________
__________________________________________________________________________
14. Courtstaffrespondingtorequest:______________________________________________
15. Datepersonnotifiedofdetermination:______/______/______

Iftherequestisdenied,grantedonlyinpart,orifanalternativeaccommodationisgranted,
RuleofJudicialAdministration2.540requiresthecourttorespondinwritingtotheindividual
withadisability.Transmittalofacopyofthissectionoftheaccommodationrequestformby
emailorbyU.S.Maildeliveryisonemeansofprovidingthewrittenresponserequiredbyrule
2.540.Ifanaccommodationisdeniedduetoafindingofundueburdenorfundamental
alteration,theAmericanswithDisabilitiesActrequiresthatsuchdeterminationbemadein
writingbythechiefjudgeorchiefjudge’sdesignee.

3

FloridaStateCourtsSystemͲRev.11/13

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ADAAccommodationRequestForm

VIA Email: [email protected]
Charles Crawford
Fifth District Court of Appeal
300 South Beach Street
Daytona Beach, Florida, 32114
Phone: 386-947-1544.

May 12, 2015

I hereby waive confidentiality in this
matter, Neil J. Gillespie

Request for Accommodation Under Americans with Disabilities Act 1990 (ADA), the
ADA Amendments Act 2008, and the Rehabilitation Act of 1973, as amended,
Dear Mr. Crawford:
Please find attached a completed form 5DCA ADA Title II Accommodation request. My
disabilities include the following from my 2012 request:
Medical Conditions

ICD-9-CM Code

Post Traumatic Stress Disorder (PTSD)
with PTSD related panic attack in response to
stimuli associated with a serve stressor
Anxiety disorder due to medical condition
Dysthymic disorder (chronic depression)
Depression
Cleft palate with unilateral cleft lip (L)
Facial disfigurement, scaring
Velopharyngeal Incompetence (VPI)
Voice disorder, hypernasality
Retracted eardrum (L)
Eustachian tube defect
Hearing loss
Diabetes (mellitus) NOS, Type 2 diabetes, adult onset
Brain trauma, head injury from a mugging (1988)

309.81

293.89
300.4
296.3
749.21
709.2
528.9
784.43
384.28
381.89
389.90
250.00
310.20

The following supporting documents are attached:
1. The ADA: One Avenue to Appointed Counsel Before a Full Civil Gideon (law review)
2. Social Security Administration disability notice letter August 23, 1993
3. Social Security Administration disability letter August 1, 2012, no review needed
4. ER report Hahnemann University Hospital Philadelphia, August 20, 1988
5. C.A.11-No.12-11213-C Amended Disability Motion - PACER, August 9, 2012
6. C.A.11-No.12-11213-C Amended Disability Motion - PDF, August 6, 2012 (easier to read)
7. ABA Journal, Brain injury suspension for lawyer; 'I couldn't stick to tasks’ (composite)
8. 31 FlaJur2d Insurance-Disability
9. 2015, 03-16-15, CT Cervical Spine NJG
10. One Page Summary Report Apr-07-15 through Apr-20-15

Charles Crawford
Fifth District Court of Appeal

May 12, 2015
Page - 2

My ability to function in real-time in a legal proceeding is severely impaired, making court
appearances without counsel impossible. Outside of proceedings I become confused with legal
matters. This disability substantially increases the time needed to complete legal work required
in the case, beyond established time limits, resulting in loss of participation in court activities.
In the past courts, judges, attorneys, law firms, and court employees have abused their position
of power and dominance over me for advantage, knowing I am especially vulnerable because I
am disabled with mental and physical impairments. This began with Mr. Rodems’ misconduct
and criminality. It has taken me a long time to unravel the confusion caused by abuse of power.
Unfortunately matters involving me appear to present political questions, and not legal questions
for a court to hear, and therefore are not justicable under the political question doctrine.
Unfortunately it appears the Florida Court system has refused to acknowledge or follow the
ADA Amendments Act 2008. Instead, Florida Courts rely on the out dated ADA 1990. The old
ADA may have sufficed for a represented litigant, but certainly not a disabled pro se litigant.
C.A.11-No.12-11213-C Amended Disability Motion - PACER (251 pages) Scribd
http://www.scribd.com/doc/102585752/Amended-Disability-Motion-12-11213-C-C-A-11
C.A.11-No.12-11213-C; Judge Isom AFFIDAVIT Disability Motion (104 pages), July 30, 2012
https://www.scribd.com/doc/101764386/Affidavit-Conflict-Not-Disclosed-Judge-Claudia-Isom
C.A.11-No.12-11213-C; CM-ECF Notice, Disability Motion (84 pages), July 27, 2012
https://www.scribd.com/doc/102594266/Notice-of-CM-ECF-Prohibition-by-the-District-Court
Right to Counsel, Conflict-free counsel, http://en.wikipedia.org/wiki/Right_to_counsel
Whether counsel is retained or appointed, the defendant has a right to counsel without a conflict
of interest *. If an actual conflict of interest is present, and that conflict results in any adverse
effect on the representation, the result is automatic reversal.[17] The general rule is that conflicts
can be knowingly and intelligently waived,[18] but some conflicts are unwaivable. [19]
*Wheat v. United States, 486 U.S. 153 (1988), conflicts of interest
[17] Burger v. Kemp, 483 U.S. 776 (1987); Cuyler v. Sullivan, 446 U.S. 335 (1980);
Holloway v. Arkansas, 435 U.S. 475 (1978).
[18] See United States v. Curcio, 680 F.2d 881 (2d Cir. 1982).
[19] See, e.g., United States v. Schwarz, 283 F.3d 76 (2d Cir. 2002); United States v.
Fulton, 5 F.3d 605 (2d Cir. 1993).
ADA Amendments Act of 2008, Wikipedia
http://en.wikipedia.org/wiki/ADA_Amendments_Act_of_2008
Americans with Disabilities Act of 1990, Wikipedia
http://en.wikipedia.org/wiki/Americans_with_Disabilities_Act_of_1990

Charles Crawford
Fifth District Court of Appeal

May 12, 2015
Page - 3

Proclamation for the ADA by Chief Justice Canady, 20th Anniversary ADA 1990
http://www.flcourts.org/core/fileparse.php/243/urlt/Proclamation-ADA.pdf
Proclamation for the ADA by Chief Justice Labarga
http://www.floridasupremecourt.org/pub_info/documents/pressreleases/2015/04-10-2015_ADA-Proclamation.pdf

ADA Information OSCA, Office of State Courts Administration
http://www.flcourts.org/administration-funding/court-administration/ada-information.stml
ADA Information OSCA, Accessibility Statement, The Rehabilitation Act of 1973
http://www.flcourts.org/administration-funding/court-administration/accessibility-statement.stml
Court urges all bars to get right with the ADA, Florida Bar News, March 1, 2014
http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/06
61ffcdbeb0dffc85257c890046538a!OpenDocument
The U.S. Eleventh Circuit has a duty and authority to make a Non-Criminal Justice Act Counsel
Appointment. The U.S. Eleventh Circuit adopted provisions for furnishing representation for
persons financially unable to obtain adequate representation in cases and situations which do not
fall within the scope of 18 U.S.C. § 3006A, as amended -- but in which the court believes that
the interests of justice will be served by the presence of counsel., See Addendum Five, online,
http://www.ca11.uscourts.gov/attorney-info/criminal-justice-act
http://www.ca11.uscourts.gov/sites/default/files/courtdocs/clk/RulesAddendum05AUG07.pdf
Sandy D’Alemberte, Tributaries of Justice: The Search For Full Access, 25 Fla. St. U. L. Rev 631
http://www.law.fsu.edu/journals/lawreview/downloads/253/dalember.pdf
"Some court opinions hint that access to legal representation in civil cases might be a
constitutional entitlement. footnote 58, See In re Amendments to Rules Regulating The Florida
Bar—1-3.1(a) and Rules of Judicial Administration—2.065 (Legal Aid), 598 So. 2d 41, 43 (Fla.
1992) (noting that "the right to counsel is no longer limited to criminal cases")."...
American Bar Association (ABA), Civil Right to Counsel, in State Civil Proceedings
http://www.americanbar.org/groups/legal_aid_indigent_defendants/initiatives/civil_right_to_counsel.html

Attached is a three page composite for the ABA Civil Right to Counsel in State Civil
Proceedings, for a counsel appointment to protect an indigent civil litigant’s due process rights.
If you require anything else, please contact me. Thank you. Sincerely,

8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: [email protected]

Page 1 of 2

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

"Neil Gillespie" <[email protected]>
"Charles Crawford" <[email protected]>; "Joanne P. Simmons" <[email protected]>;
<[email protected]>; <[email protected]>
"FBI Tampa Division" <[email protected]>; "FBI Jacksonville Division"
<[email protected]>; "Lee Bentley USAFLM" <[email protected]>; "Neil Gillespie"
<[email protected]>
Tuesday, May 12, 2015 10:29 AM
ADA Title II disability request of Neil J. Gillespie.pdf; G.W. v. Rushing, 22 So.3d 819, Fla.App. 2
Dist.,2009.pdf
Re: 5DCA_ADA_Accommodation_Request_Form1113(2)_data.fdf

TO: Charles R. Crawford, Marshal, [email protected]
Fifth District Court of Appeal
TO: Clerk JOANNE P. SIMMONS, [email protected]
Fifth District Court of Appeal
TO: Dr. John H. Armstrong, MD, FACS, Surgeon General and Secretary of Health,
Florida Department of Health, [email protected]
TO: Curtis Alan Wilson, FL Bar No. 77669
Email: [email protected]
Dear Mr. Crawford:
Please find attached a PDF of my ADA Title II Disability Accommodation Request form. I plan to file
this on the record today.
For some reason, Clerk JOANNE P. SIMMONS has repeatedly failed her ministerial duty to file
documents in this APPEAL NO. 5D15-0340 and in PETITION NO. 5D15-0341, with this unlawful
excuse:
"Your electronic document is rejected as it appears to contain only a portion of a document rather than
the entire document to be filed. Be advised that documents submitted through eDCA must be submitted
with the entire document included in one file. Incomplete documents are not accepted."
Appendices are always filed separately. I did not file any incomplete "portion" of a document. Instead, it
appears the Clerk is making bad judicial decisions, rather than performing her ministerial duty to file my
documents, which includes separate volume appendices. See, G.W. v. Rushing, 22 So.3d 819, Fla.App.
2 Dist., 2009, copy attached.
My request states at paragraph 5. Accommodation requested,
Style of case (case title), if known: Gillespie v. Reverse Mortgage Solutions, Inc.
Case number, if known: Appeal No. 5D15-0340; Petition No. 5D15-0341
Judge, if known: unknown/unassigned. I believe the Clerk is making rulings now.
Date accommodation needed: Now and for the duration of all my cases.
Time accommodation needed: 24/7
Duration for which the accommodation is requested: for the duration of all my cases.
My request states at paragraph 6. Accommodation requested,

5/28/2015

Page 2 of 2

Nature of disability that necessitates accommodation: Traumatic brain injury, etc.
See Amended Disability Motion, US11th Circuit, 12-11213-C, Neil J. Gillespie
I was/am determined totally disabled by Social Security. I want an accommodation appropriate to my
particular situation an individualized inquiry made on a case-by-case basis that will allow my case to be
decided on the MERITS and not DISMISSED because I cannot do what is needed because of disability,
mental impairment, or criminality of a bad judge.
Please advise if you have further concerns. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: [email protected]
----- Original Message ----From: Charles Crawford
To: 'Neil Gillespie'
Sent: Tuesday, May 12, 2015 9:23 AM
Subject: RE: 5DCA_ADA_Accommodation_Request_Form1113(2)_data.fdf

Hi Neil,
 
I am unable to open the ADA request form. I have attached new forms in Word and PDF. Can
you please complete and return?
 
Thank you
 
Charles R. Crawford, Marshal
Fifth District Court of Appeal
300 S. Beach Street
Daytona Beach, FL 32114
 
From: Neil Gillespie [mailto:[email protected]]
Sent: Tuesday, 12 May 2015 5:13 AM
To: Charles Crawford
Cc: Neil Gillespie
Subject: 5DCA_ADA_Accommodation_Request_Form1113(2)_data.fdf

5/28/2015

Page 1 of 1

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

"Neil Gillespie" <[email protected]>
"Neil Gillespie" <[email protected]>
Tuesday, May 12, 2015 10:30 AM
ATT00034.txt
Read: 5DCA_ADA_Accommodation_Request_Form1113(2)_data.fdf

This is a receipt for the mail you sent to
"Charles Crawford" <[email protected]>; "Joanne P. Simmons" <[email protected]>;
<[email protected]>; <[email protected]> at 5/12/2015 10:29 AM
This receipt verifies that the message has been displayed on the recipient's computer at 5/12/2015 10:30
AM

5/28/2015

PUBLIC LAW 110–325—SEPT. 25, 2008

122 STAT. 3553

Public Law 110–325
110th Congress
An Act
To restore the intent and protections of the Americans with Disabilities Act of
1990.

Sept. 25, 2008
[S. 3406]

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘ADA Amendments Act of 2008’’.

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SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—Congress finds that—
(1) in enacting the Americans with Disabilities Act of 1990
(ADA), Congress intended that the Act ‘‘provide a clear and
comprehensive national mandate for the elimination of discrimination against individuals with disabilities’’ and provide broad
coverage;
(2) in enacting the ADA, Congress recognized that physical
and mental disabilities in no way diminish a person’s right
to fully participate in all aspects of society, but that people
with physical or mental disabilities are frequently precluded
from doing so because of prejudice, antiquated attitudes, or
the failure to remove societal and institutional barriers;
(3) while Congress expected that the definition of disability
under the ADA would be interpreted consistently with how
courts had applied the definition of a handicapped individual
under the Rehabilitation Act of 1973, that expectation has
not been fulfilled;
(4) the holdings of the Supreme Court in Sutton v. United
Air Lines, Inc., 527 U.S. 471 (1999) and its companion cases
have narrowed the broad scope of protection intended to be
afforded by the ADA, thus eliminating protection for many
individuals whom Congress intended to protect;
(5) the holding of the Supreme Court in Toyota Motor
Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002)
further narrowed the broad scope of protection intended to
be afforded by the ADA;
(6) as a result of these Supreme Court cases, lower courts
have incorrectly found in individual cases that people with
a range of substantially limiting impairments are not people
with disabilities;
(7) in particular, the Supreme Court, in the case of Toyota
Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S.
184 (2002), interpreted the term ‘‘substantially limits’’ to
require a greater degree of limitation than was intended by
Congress; and

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ADA
Amendments Act
of 2008.
42 USC 12101
note.
42 USC 12101
note.

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122 STAT. 3554

PUBLIC LAW 110–325—SEPT. 25, 2008
(8) Congress finds that the current Equal Employment
Opportunity Commission ADA regulations defining the term
‘‘substantially limits’’ as ‘‘significantly restricted’’ are inconsistent with congressional intent, by expressing too high a
standard.
(b) PURPOSES.—The purposes of this Act are—
(1) to carry out the ADA’s objectives of providing ‘‘a clear
and comprehensive national mandate for the elimination of
discrimination’’ and ‘‘clear, strong, consistent, enforceable
standards addressing discrimination’’ by reinstating a broad
scope of protection to be available under the ADA;
(2) to reject the requirement enunciated by the Supreme
Court in Sutton v. United Air Lines, Inc., 527 U.S. 471 (1999)
and its companion cases that whether an impairment substantially limits a major life activity is to be determined with
reference to the ameliorative effects of mitigating measures;
(3) to reject the Supreme Court’s reasoning in Sutton v.
United Air Lines, Inc., 527 U.S. 471 (1999) with regard to
coverage under the third prong of the definition of disability
and to reinstate the reasoning of the Supreme Court in School
Board of Nassau County v. Arline, 480 U.S. 273 (1987) which
set forth a broad view of the third prong of the definition
of handicap under the Rehabilitation Act of 1973;
(4) to reject the standards enunciated by the Supreme
Court in Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002), that the terms ‘‘substantially’’ and
‘‘major’’ in the definition of disability under the ADA ‘‘need
to be interpreted strictly to create a demanding standard for
qualifying as disabled,’’ and that to be substantially limited
in performing a major life activity under the ADA ‘‘an individual
must have an impairment that prevents or severely restricts
the individual from doing activities that are of central importance to most people’s daily lives’’;
(5) to convey congressional intent that the standard created
by the Supreme Court in the case of Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002) for
‘‘substantially limits’’, and applied by lower courts in numerous
decisions, has created an inappropriately high level of limitation
necessary to obtain coverage under the ADA, to convey that
it is the intent of Congress that the primary object of attention
in cases brought under the ADA should be whether entities
covered under the ADA have complied with their obligations,
and to convey that the question of whether an individual’s
impairment is a disability under the ADA should not demand
extensive analysis; and
(6) to express Congress’ expectation that the Equal Employment Opportunity Commission will revise that portion of its
current regulations that defines the term ‘‘substantially limits’’
as ‘‘significantly restricted’’ to be consistent with this Act,
including the amendments made by this Act.

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SEC. 3. CODIFIED FINDINGS.

Section 2(a) of the Americans with Disabilities Act of 1990
(42 U.S.C. 12101) is amended—
(1) by amending paragraph (1) to read as follows:
‘‘(1) physical or mental disabilities in no way diminish
a person’s right to fully participate in all aspects of society,

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122 STAT. 3555

yet many people with physical or mental disabilities have been
precluded from doing so because of discrimination; others who
have a record of a disability or are regarded as having a
disability also have been subjected to discrimination;’’;
(2) by striking paragraph (7); and
(3) by redesignating paragraphs (8) and (9) as paragraphs
(7) and (8), respectively.
SEC. 4. DISABILITY DEFINED AND RULES OF CONSTRUCTION.

(a) DEFINITION OF DISABILITY.—Section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102) is amended to
read as follows:

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‘‘SEC. 3. DEFINITION OF DISABILITY.

‘‘As used in this Act:
‘‘(1) DISABILITY.—The term ‘disability’ means, with respect
to an individual—
‘‘(A) a physical or mental impairment that substantially
limits one or more major life activities of such individual;
‘‘(B) a record of such an impairment; or
‘‘(C) being regarded as having such an impairment
(as described in paragraph (3)).
‘‘(2) MAJOR LIFE ACTIVITIES.—
‘‘(A) IN GENERAL.—For purposes of paragraph (1), major
life activities include, but are not limited to, caring for
oneself, performing manual tasks, seeing, hearing, eating,
sleeping, walking, standing, lifting, bending, speaking,
breathing, learning, reading, concentrating, thinking,
communicating, and working.
‘‘(B) MAJOR BODILY FUNCTIONS.—For purposes of paragraph (1), a major life activity also includes the operation
of a major bodily function, including but not limited to,
functions of the immune system, normal cell growth, digestive, bowel, bladder, neurological, brain, respiratory, circulatory, endocrine, and reproductive functions.
‘‘(3) REGARDED AS HAVING SUCH AN IMPAIRMENT.—For purposes of paragraph (1)(C):
‘‘(A) An individual meets the requirement of ‘being
regarded as having such an impairment’ if the individual
establishes that he or she has been subjected to an action
prohibited under this Act because of an actual or perceived
physical or mental impairment whether or not the impairment limits or is perceived to limit a major life activity.
‘‘(B) Paragraph (1)(C) shall not apply to impairments
that are transitory and minor. A transitory impairment
is an impairment with an actual or expected duration of
6 months or less.
‘‘(4) RULES OF CONSTRUCTION REGARDING THE DEFINITION
OF DISABILITY.—The definition of ‘disability’ in paragraph (1)
shall be construed in accordance with the following:
‘‘(A) The definition of disability in this Act shall be
construed in favor of broad coverage of individuals under
this Act, to the maximum extent permitted by the terms
of this Act.
‘‘(B) The term ‘substantially limits’ shall be interpreted
consistently with the findings and purposes of the ADA
Amendments Act of 2008.

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122 STAT. 3556

PUBLIC LAW 110–325—SEPT. 25, 2008

‘‘(C) An impairment that substantially limits one major
life activity need not limit other major life activities in
order to be considered a disability.
‘‘(D) An impairment that is episodic or in remission
is a disability if it would substantially limit a major life
activity when active.
‘‘(E)(i) The determination of whether an impairment
substantially limits a major life activity shall be made
without regard to the ameliorative effects of mitigating
measures such as—
‘‘(I) medication, medical supplies, equipment, or
appliances, low-vision devices (which do not include
ordinary eyeglasses or contact lenses), prosthetics
including limbs and devices, hearing aids and cochlear
implants or other implantable hearing devices, mobility
devices, or oxygen therapy equipment and supplies;
‘‘(II) use of assistive technology;
‘‘(III) reasonable accommodations or auxiliary aids
or services; or
‘‘(IV) learned behavioral or adaptive neurological
modifications.
‘‘(ii) The ameliorative effects of the mitigating measures
of ordinary eyeglasses or contact lenses shall be considered
in determining whether an impairment substantially limits
a major life activity.
‘‘(iii) As used in this subparagraph—
‘‘(I) the term ‘ordinary eyeglasses or contact lenses’
means lenses that are intended to fully correct visual
acuity or eliminate refractive error; and
‘‘(II) the term ‘low-vision devices’ means devices
that magnify, enhance, or otherwise augment a visual
image.’’.
(b) CONFORMING AMENDMENT.—The Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) is further amended
by adding after section 3 the following:

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42 USC 12103.

‘‘SEC. 4. ADDITIONAL DEFINITIONS.

‘‘As used in this Act:
‘‘(1) AUXILIARY AIDS AND SERVICES.—The term ‘auxiliary
aids and services’ includes—
‘‘(A) qualified interpreters or other effective methods
of making aurally delivered materials available to individuals with hearing impairments;
‘‘(B) qualified readers, taped texts, or other effective
methods of making visually delivered materials available
to individuals with visual impairments;
‘‘(C) acquisition or modification of equipment or
devices; and
‘‘(D) other similar services and actions.
‘‘(2) STATE.—The term ‘State’ means each of the several
States, the District of Columbia, the Commonwealth of Puerto
Rico, Guam, American Samoa, the Virgin Islands of the United
States, the Trust Territory of the Pacific Islands, and the
Commonwealth of the Northern Mariana Islands.’’.
(c) AMENDMENT TO THE TABLE OF CONTENTS.—The table of
contents contained in section 1(b) of the Americans with Disabilities

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122 STAT. 3557

Act of 1990 is amended by striking the item relating to section
3 and inserting the following items:
‘‘Sec. 3. Definition of disability.
‘‘Sec. 4. Additional definitions.’’.
SEC. 5. DISCRIMINATION ON THE BASIS OF DISABILITY.

(a) ON THE BASIS OF DISABILITY.—Section 102 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12112) is amended—
(1) in subsection (a), by striking ‘‘with a disability because
of the disability of such individual’’ and inserting ‘‘on the basis
of disability’’; and
(2) in subsection (b) in the matter preceding paragraph
(1), by striking ‘‘discriminate’’ and inserting ‘‘discriminate
against a qualified individual on the basis of disability’’.
(b) QUALIFICATION STANDARDS AND TESTS RELATED TO UNCORRECTED VISION.—Section 103 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12113) is amended by redesignating subsections (c) and (d) as subsections (d) and (e), respectively, and
inserting after subsection (b) the following new subsection:
‘‘(c) QUALIFICATION STANDARDS AND TESTS RELATED TO UNCORRECTED VISION.—Notwithstanding section 3(4)(E)(ii), a covered
entity shall not use qualification standards, employment tests, or
other selection criteria based on an individual’s uncorrected vision
unless the standard, test, or other selection criteria, as used by
the covered entity, is shown to be job-related for the position in
question and consistent with business necessity.’’.
(c) CONFORMING AMENDMENTS.—
(1) Section 101(8) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12111(8)) is amended—
(A) in the paragraph heading, by striking ‘‘WITH A
DISABILITY’’; and
(B) by striking ‘‘with a disability’’ after ‘‘individual’’
both places it appears.
(2) Section 104(a) of the Americans with Disabilities Act
of 1990 (42 U.S.C. 12114(a)) is amended by striking ‘‘the term
‘qualified individual with a disability’ shall’’ and inserting ‘‘a
qualified individual with a disability shall’’.

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SEC. 6. RULES OF CONSTRUCTION.

(a) Title V of the Americans with Disabilities Act of 1990
(42 U.S.C. 12201 et seq.) is amended—
(1) by adding at the end of section 501 the following:
‘‘(e) BENEFITS UNDER STATE WORKER’S COMPENSATION LAWS.—
Nothing in this Act alters the standards for determining eligibility
for benefits under State worker’s compensation laws or under State
and Federal disability benefit programs.
‘‘(f) FUNDAMENTAL ALTERATION.—Nothing in this Act alters
the provision of section 302(b)(2)(A)(ii), specifying that reasonable
modifications in policies, practices, or procedures shall be required,
unless an entity can demonstrate that making such modifications
in policies, practices, or procedures, including academic requirements in postsecondary education, would fundamentally alter the
nature of the goods, services, facilities, privileges, advantages, or
accommodations involved.
‘‘(g) CLAIMS OF NO DISABILITY.—Nothing in this Act shall provide the basis for a claim by an individual without a disability

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42 USC 12201.

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42 USC 12206–
12211; 29 USC
706; 42 USC
12212, 12213.
42 USC 12205a.

42 USC 12210.

PUBLIC LAW 110–325—SEPT. 25, 2008

that the individual was subject to discrimination because of the
individual’s lack of disability.
‘‘(h) REASONABLE ACCOMMODATIONS AND MODIFICATIONS.—A
covered entity under title I, a public entity under title II, and
any person who owns, leases (or leases to), or operates a place
of public accommodation under title III, need not provide a reasonable accommodation or a reasonable modification to policies, practices, or procedures to an individual who meets the definition of
disability in section 3(1) solely under subparagraph (C) of such
section.’’;
(2) by redesignating section 506 through 514 as sections
507 through 515, respectively, and adding after section 505
the following:
‘‘SEC.

506.

RULE OF CONSTRUCTION
AUTHORITY.

REGARDING

REGULATORY

‘‘The authority to issue regulations granted to the Equal
Employment Opportunity Commission, the Attorney General, and
the Secretary of Transportation under this Act includes the
authority to issue regulations implementing the definitions of disability in section 3 (including rules of construction) and the definitions in section 4, consistent with the ADA Amendments Act of
2008.’’; and
(3) in section 511 (as redesignated by paragraph (2)) (42
U.S.C. 12211), in subsection (c), by striking ‘‘511(b)(3)’’ and
inserting ‘‘512(b)(3)’’.
(b) The table of contents contained in section 1(b) of the Americans with Disabilities Act of 1990 is amended by redesignating
the items relating to sections 506 through 514 as the items relating
to sections 507 through 515, respectively, and by inserting after
the item relating to section 505 the following new item:
‘‘Sec. 506. Rule of construction regarding regulatory authority.’’.
SEC. 7. CONFORMING AMENDMENTS.

dkrause on GSDDPC44 with PUBLIC LAWS

Section 7 of the Rehabilitation Act of 1973 (29 U.S.C. 705)
is amended—
(1) in paragraph (9)(B), by striking ‘‘a physical’’ and all
that follows through ‘‘major life activities’’, and inserting ‘‘the
meaning given it in section 3 of the Americans with Disabilities
Act of 1990 (42 U.S.C. 12102)’’; and
(2) in paragraph (20)(B), by striking ‘‘any person who’’
and all that follows through the period at the end, and inserting
‘‘any person who has a disability as defined in section 3 of
the Americans with Disabilities Act of 1990 (42 U.S.C. 12102).’’.

VerDate Aug 31 2005

08:10 Oct 01, 2008

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Frm 00006

Fmt 6580

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E:\PUBLAW\PUBL325.110

APPS10

PsN: PUBL325

PUBLIC LAW 110–325—SEPT. 25, 2008

122 STAT. 3559

SEC. 8. EFFECTIVE DATE.

29 USC 705 note.

This Act and the amendments made by this Act shall become
effective on January 1, 2009.
Approved September 25, 2008.

dkrause on GSDDPC44 with PUBLIC LAWS

LEGISLATIVE HISTORY—S. 3406:
CONGRESSIONAL RECORD, Vol. 154 (2008):
Sept. 11, considered and passed Senate.
Sept. 17, considered and passed House.

Æ

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APPS10

PsN: PUBL325

~uprtmt

qcourt of jflortba

PROCLAMATION
In Re: Twentieth Anniversary of the ADA
WHEREAS, the Americans with Disabilities Act was passed by the United
States Congress on July 26, 1990, to ensure the civil rights of citizens with
disabilities; and
WHEREAS, the Supreme Court of Florida and the Florida State Courts
System have committed themselves to full and fair access to courts for all residents
of this great State, as guaranteed by Article I, section 21 of the Constitution of the
great State of Florida; and
WHEREAS, the Florida courts strive to provide reasonable accommodations
for judges and court employees with disabilities; provide auxiliary aids and
services that ensure effective communication; and take other steps that afford
accessibility of court services, programs, and activities; and
WHEREAS, the Florida State Courts System affirms the principals of equity
and inclusion for persons with disabilities as embodied in the Americans with
Disabilities Act, the laws of the State of Florida, and the policies and procedures of
the state courts; and
NOW, THEREFORE, I, Charles T. Canady, Chief Justice of Florida, do
hereby proclaim that July 2010 shall be known within the State Courts System as a
month of commemoration in honor the Twentieth Anniversary of the passage of
the Americans with Disabilities Act. I reaffirm the court system's commitment to
full compliance with the Act, and I call upon judicial officers and court staff
members to renew their efforts to eliminate obstacles that prevent full inclusion of
all Floridians in the State Courts System.
AND THE SAME is hereby ordered and done at Tallahassee on this First
Day of July, 2010.

cL7~

Chief Justice Charles T. Catiady
ATTEST:

Page 1 of 2

Supreme Court of Florida
FOR IMMEDIATE RELEASE 04/10/2015
Craig Waters, Director of Public Information
Florida Supreme Court
(850) 414-7641

Labarga Honors ADA’s 25th Anniversary with Proclamation
TALLAHASSEE – Florida Chief Justice Jorge Labarga today signed a proclamation honoring
the historic signing of the Americans with Disabilities Act 25 years ago and designating July
2015 as a month of commemoration for the anniversary within Florida’s State Courts System.
“The very reason courts exist is to provide justice and fairness,’’ Labarga said. “Nothing could
be more essential to our overall mission than to provide fair and equal access to citizens with
disabilities.”
Florida’s judiciary has a long-standing commitment to the Americans with Disabilities Act,
which was signed into law on July 26, 1990. The federal law establishes “a clear and
comprehensive prohibition of discrimination on the basis of disability” and bans discrimination
in access to employment, governmental services and programs, public accommodations,
transportation and communications.
Examples of auxiliary aids or services that the courts may provide to afford effective
communication include assistive listening devices, qualified sign language interpreters, or realtime transcription services for persons with hearing loss. They also include accessible formats
such as large print or Braille documents and qualified readers for persons with vision loss.
More information about court ADA accommodations and procedures can be found online at
www.flcourts.org. The ADA information page includes links to each of Florida’s 20 judicial
circuits, five district courts of appeal, and the Supreme Court. Each court has an ADA
coordinator as does the state courts system as a whole.

Past Florida chief justices also focused attention on the requirements of the federal law. During a
ceremony on September 9, 1999, former Chief Justice Major B. Harding signed a proclamation
designating the year 2000 as a time to commemorate the 10th anniversary of the ADA.
In 2010, former Chief Justice Charles T. Canady issued a proclamation to commemorate the
20th anniversary of the law’s passage and dedicated a month to highlight compliance. In 2006,
former Chief Justice R. Fred Lewis ordered a statewide survey of all state court facilities to
identify and eliminate architectural barriers confronting citizens with disabilities.
Florida courts have also worked since 2007 to ensure that electronic documents and web pages
are created and designed to be accessible to people using assistive devices like screen readers.
In the proclamation signed today, Labarga noted that the “full promise of this important federal
civil rights law as it relates to the justice system will only be reached if the Florida state courts
remain committed to full implementation of the Act.
“I call upon judicial officers and court staff members to renew their efforts to eliminate
obstacles that prevent full inclusion of all Floridians in the State Courts System,” Labarga said.
In addition to the ADA, Florida’s courts are bound by the Florida Constitution, which
guarantees “full and fair access to the courts for all residents” in Article I, section 21.
Labarga has made improving court access a priority of his two-year term as the head of Florida’s
court system. The Florida Commission on Access to Civil Justice, which he created by
administrative order last year, is currently working on the unmet civil legal needs of poor and
middle class Floridians.
###

~upreme

<!Court of jflortba

PROCLAMATION
In re: Twenty-Fifth Anniversary of the
Americans with Disabilities Act
WHEREAS, the Americans with Disabilities Act was signed into law on
July 26, 1990, to ensure the civil rights of persons with disabilities and has
expanded opportunities by reducing barriers, changing perceptions, facilitating
greater civic engagement, and increasing participation in community life; and
WHEREAS, the Supreme Court of Florida and the Florida State Courts
System have committed themselves to full and fair access to the courts for all
residents of this great State, as guaranteed by Article I, section 21 of the
Constitution of the great State of Florida; and
WHEREAS, the Florida state courts strive to provide reasonable
accommodations for judges and court employees with disabilities; provide
auxiliary aids and services that ensure effective communication; and take other
steps to afford accessibility of court services, programs, and activities; and
WHEREAS, the full promise of this important federal civil rights law as it
relates to the justice system will only be reached if the Florida state courts remain
committed to full implementation of the Act.
NOW, THEREFORE, I, Jorge Labarga, Chief Justice of Florida, do hereby
proclaim that July 2015 shall be known within the State Courts System as a month
of commemoration in honor the Twenty-Fifth Anniversary of the passage of the
Americans with Disabilities Act. I reaffirm the court system's commitment to full
compliance with the Act, and I call upon judicial officers and court staff members
to renew their efforts to eliminate obstacles that prevent full inclusion of all
Floridians in the State Courts System.
AND THE SAME is hereby ordered and done at Tallahassee on this Tenth
Day of April, 2015.

ATTEST:

http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/0661ffcdbeb0dffc85257c890046538a!OpenDocument

ABOUT THE BAR

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March 1, 2014

News HOME

Court urges all bars to get right with the ADA
By Jan Pudlow
Senior Editor
One woman in a wheelchair — excluded from a voluntary bar social gathering in a
basement wine cellar without an elevator — sparked a strong directive from the Florida
Supreme Court: All bar meetings must be accessible to all.
Stephanie Woodward recently moved from Syracuse, N.Y., to Miami, passed the Florida
bar exam, and awaits approval of her character and fitness check so she can be a
full-fledged member of The Florida Bar.
As a “baby lawyer” new to town, she is anxious to make connections in the legal
profession. So she was excited about an invitation to attend a Dade County Bar
Association Young Lawyers Section event called “An Evening with the Judges” —
described as “an informal gathering to promote communication among the legal
community and the bench.”
Sure, she was welcome, even though she’s not officially a lawyer yet, the Dade YLS
president assured her.
But there was a big problem: The January 23 event was being held in the wine cellar —
a former bomb shelter— of the restaurant Le Chat Noir, at 2 South Miami Avenue. There
are a lot of steps and no elevator down to the the wine celler. And Woodward has a
mobility disability and uses a wheelchair.
“If I hadn’t thought to ask, I would have shown up in a wheelchair and seen a set of
stairs, which would be embarrassing,” Woodward said.
“I think it’s a big deal for me to get in anywhere, not just local bar events. Access is not a convenience when it works best for them.
Access is my civil right.”
Chief Justice Ricky Polston agrees. When Woodward’s excluding experience came to his attention, the entire court gathered for
conference, resulting in strongly worded letters Polston sent on February 3 to voluntary bars and leaders at The Florida Bar.
“Benign neglect, oversight, or indifference which produces this type of discrimination is simply not acceptable and will not be
tolerated,” Polston wrote.
“This event has demonstrated that we must do more to prevent similar discrimination in the future, and we shall take corrective steps
to address the damage this type of discrimination inflicts.”

http://www.floridabar.org/DIVCOM/JN/jnnews01.nsf/8c9f13012b96736985256aa900624829/0661ffcdbeb0dffc85257c890046538a!OpenDocument

After approval by the entire Florida Supreme Court, Polston directed The Florida Bar to “develop and implement a protocol for
Bar-related activities at all levels to ensure compliance with all ADA and access requirements. We request The Florida Bar to report its
progress to this court 60 days from this date and each 60 days thereafter until the directed protocol is implemented.”
Similarly, the court requested that voluntary bar associations “immediately develop and implement protocol for bar-related activities
to ensure compliance with all ADA and access requirements.”
At The Florida Bar, Kathy Tucker, head of the Meetings Department, said she is well aware of the Americans with Disabilities Act
requirements to make sure meetings are accessible, but acknowledged there have been bumps along the way. For example, she said,
the Bar can no longer use a particular ballroom at the Boca Raton Resort and Club, accessible only via stairs or small service elevator.
“The Bar is very conscious of the need to avoid using space that is not accessible to all,” Tucker said.
The matter came to the high court’s attention when Woodward, a new associate at the Disability Independence Group, in Miami, told
her boss, Matt Dietz.
Dietz, a member of The Florida Bar Diversity and Inclusion Committee, let members know about the incident, as well as Justices Fred
Lewis and Peggy Quince, and Bar President Eugene Pettis.
“This was a concrete example of a person coming to the door and not being able to access our bar,” Dietz said.
Justice Lewis jumped into action.
“When this issue arose, I immediately scheduled this issue for conference with the entire court,” Justice Lewis said. “We must work
together to eliminate all types of discrimination, and it will start with the Florida Supreme Court.”
Pettis, who made diversity and inclusion a cornerstone of his presidency, said: “As we continue our efforts of total inclusion of all
lawyers at every level of our Bar, it is imperative that we include persons with physical handicaps. While this incident in Miami was
unfortunate, it has shed light on our need to be more sensitive and intentional in making sure every member is included and
welcomed.”
Dade County Bar President Leslie Smith said she agrees completely. She said she views it as an opportunity for the DCBA to take the
initiative, create protocol, and share it with voluntary bars throughout the state. Attorneys with a variety of disabilities, along with
leadership of the DCBA, will be gathering on March 25 to brainstorm and craft the protocols, Smith said.
“Interestingly enough, before I went to law school, I worked for what was then called Florida’s Department of Health and
Rehabilitative Services, and I worked with the division that dealt with programming and funding for persons with disabilities,” Smith
said.
“The issues are not foreign to me, and though I am not personally affected and don’t have any disabilities, I am certainly aware that
we could do more and we have an opportunity to do that. I’m very excited about it.”
Smith said she was not surprised that the incident reached the highest level of Florida’s courts, because she was part of a dialog that
went back and forth with Dietz, and she knew of his relationship with the Bar and Justice Lewis, “who has a very personal interest in
this issue.”
“I believe in advocacy. Get the word out. Things need to be changed and studied and improved. That’s what advocates do,” Smith said.
But Woodward said, “It surprised me that it went that far. I’m thrilled the chief justice did say something about this, so that it’s on
everybody’s radar. It shouldn’t be an issue between just me and the Dade County Bar Association.”
Dietz said Florida Bar leaders have been very supportive, and he appreciates the strong directive from the chief justice.
“I’m glad it is being handled in a top-down fashion. It demonstrates a commitment,” Dietz said. “To have a commitment from the chief
justice, the head of your state courts, is phenomenal and shows true dedication to and commitment to diversity and inclusion.”
[Revised: 05-24-2015]

News HOME

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Subject:

<[email protected]>
<[email protected]>
Thursday, June 18, 2015 9:15 AM
CaseMail: A Document(Notice of Appeal) has been filed in case: 15-0340 (Category: Other)

DCA Case No: 15-0340
Case Name : NEIL J. GILLESPIE, ETC. v REVERSE MORTGAGE SOLUTIONS, INC., ET AL.
LT Case No : 2013-CA-000115
A document has been filed in the above referenced case. You may use the link below to view the
document or you can log on eDCA to access the document.
https://edca.5dca.org/eNotice.aspx?id=25061-5645-493479-148659
Please DO NOT respond to this email. It was sent from an unattended mailbox.

DCA Case No: 15-0340
Case Name : NEIL J. GILLESPIE, ETC. v REVERSE MORTGAGE SOLUTIONS, INC., ET AL.
LT Case No : 2013-CA-000115
A document has been filed in the above referenced case. You may use the link below to view the
document or you can log on eDCA to access the document.
https://edca.5dca.org/eNotice.aspx?id=25061-5645-493479-148659
Please DO NOT respond to this email. It was sent from an unattended mailbox.

6/18/2015

IN THE DISTRICT COURT OF APPEAL
FOR THE FIFTH DISTRICT, FLORIDA
NEIL J. GILLESPIE, ETC.,
APPEAL NO. 5D15-034()
Appellant,

LÌ'. 2013-CA-000t ¡5
42-2013-CA-000l ¡5-AXXX-XX
MARION COUNTY, FLORIDA
REVERSE MORTGAGE SOLUTIONS,
INC.,

Residential Home Foreclosure Case
Florida Homestead ofNeil J. Gillespie
Appellees.

HECM Reverse Mortgage Foreclosure
/

NOTICE OF APPEAL
SUPREME COURT CERTIFICATION

Appellant pro se Neil J. Gillespie, an indigent/insolvent nonlawyer, unable to obtain
adequate counsel, a person with disabilities, and a consumer of legal and court services affecting

interstate commerce, in the first person, gives notice ofappeal ofthe attached opinion, and
certifies to the Florida Supreme Court a question ofgreat public importance. and states:
The attached Order of the Court May I 8, 20 1 5 states:

Inasmuch as the period oftime for responding to the April 27, 2015, order to show cause
was extended at Appellant's request to May I , 20 1 5, and that period has expired without
a response being filed, it is
1

ORDERED that Appellant's failure to prosecute the appeal, the above-styled cause is
dismissed pursuant to the Florida Rule ofAppellant Procedure 9.4 10.
2.

The Order, entered by Clerk Joanne P. Simmons ofthe Fifth District Court of Appeal,

misstates the facts. My initial filing was 36 pages and received January 28, 2015 at 4:03 PM,
page 1 ofwhich is attached. Subsequently I became ill due to type 2 diabetes and glucose
readings approaching 500. 1 made additional filings that Clerk Simmons wrongly removed from

the docket. I got no response to my Title Il ADA disability request filed May 12, 2015.
3.

Certified question: Is the Americans with Disabilities Act recognized in Florida ('ourts?

RESPECTFULLY SUBMITTED June 17, 2015.

Neil J. Gillespie, pro se
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807
Email: [email protected]
Certificate of Service

I hereby certifs' that I served the foregoing on Mr. Wilson June 17, 2015.
Mr. Curtis Alan Wilson
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: [email protected]

Neil J. Gillespie, pro se

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT

NEIL J. GILLESPIE, ETC.,
Appellant,

(3 1s-ci

V.

CASE NO. 5D15-0340

REVERSE MORTGAGE
SOLUTIONS, INC., ET AL.,

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DATE: May 18, 2015

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BY ORDER OF THE COURT:

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Inasmuch as the period of time for responding to the April 27, 201 5, order

to show cause was extended at Appellant's request to May i i
201 5, and that period
has expired without a response being filed, it is

ORDERED that due to Appellant's failure to prosecute this
appeal, the
above-styled cause is dismissed pursuantto Florida Rule ofAppellate

I hereby certify that the foregoing is
(a true copy of) the original Court order.

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OANNE P SIMMONS. CLERK

cc:

Curtis A. Wilson

Neil J. Gillespie

Procedure 9.410.

liling

22991549 E-FiIed O1/2t/2015 I 1:55:00 PM

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Plaintiff,
\ S.

NELL J. GILLESPiE AND MARK GILLESPIE
AS CO-TRIJSTEES
GILLESPIE
FAMILY LIVING TRUST AGREEMEN1
DATED FEBRLIARV IO, 1997, ET AL.

DEFENDANTS' NOTICE OF APPEAL. MOTiON TO STAY PENDING APPEAL, AND
MOTION TO COMPEl. PLAINTIFF TO OBTAIN COUNSEL FOR UNKNOWN PARTIES
J)efendants Neil J. Gillespie, individually, and as [nistee per F S. Ch 73

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Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Subject:

<[email protected]>
<[email protected]>
Thursday, June 18, 2015 9:24 AM
CaseMail: A Document(Review sent to Supreme Court) has been filed in case: 15-0340 (Category:
Other)

DCA Case No: 15-0340
Case Name : NEIL J. GILLESPIE, ETC. v REVERSE MORTGAGE SOLUTIONS, INC., ET AL.
LT Case No : 2013-CA-000115
A document has been filed in the above referenced case. You may use the link below to view the
document or you can log on eDCA to access the document.
https://edca.5dca.org/eNotice.aspx?id=25061-5645-493480-148659
Please DO NOT respond to this email. It was sent from an unattended mailbox.

DCA Case No: 15-0340
Case Name : NEIL J. GILLESPIE, ETC. v REVERSE MORTGAGE SOLUTIONS, INC., ET AL.
LT Case No : 2013-CA-000115
A document has been filed in the above referenced case. You may use the link below to view the
document or you can log on eDCA to access the document.
https://edca.5dca.org/eNotice.aspx?id=25061-5645-493480-148659
Please DO NOT respond to this email. It was sent from an unattended mailbox.

6/18/2015

VINCENT G. TORPY, JR

Ai)

CHIEF JUDGE

PAMELAR MASTERS
C LE

R 1<

JACQUELINE R. GRIFFIN

CHARI ES R CQAWORfl

THOMASD SAWAYA
WILLIAM D PALMER
RICHARD B ORFINGER
C ALAN LAWSON

Mr.'"

.

DISTRICT COURT OF APPEAL
FIFTH DISTRICT
300 SOUTH BEACH STREET
DAYTONA BEACH, FLORIDA 32114

KERRY I. EVANOER
JAY P. COHEN

WENDYW BERGER
F. RAND WALLIS
JUDGES

June 18, 2015

Hon. John A Tomasno, Clerk
Supreme Court of Florida
Supreme Court Building
Tallahassee, Florida 32399-1927
Re:

Neil Gillespie
V.

Reverse Mortgage Solutions Inc

Appeal No. 5D15-340
Trial Court No: 2013-CA-115
Trial Court Judge: Hale Stancil

Dear Mr. Tomasino:

Attached is a certified copy of the Notice of Appeal pursuant to Rule 9.120, Florida Rules of
Appellate Procedure. Attached also is this Court's opinion or decision relevant to this case
LI

The filing fee prescribed by Section 25.241(3), Florida Statutes, was receIved by
this court and is also attached.

LI

The filing fee prescribed by Section 25.241(3), Florida Statutes, was not received
by this Court.

z

Petitioner/Appellant has been previously determined insolvent by this Circuit Court
or our court.

No filing fee is required because:
LI
Li

D
LI

Summary Appeal (Rule 9.141)
Unemployment Appeals Commission
Habeas Corpus
Juvenile case
Other ________________________

If there are any questions regarding this matter, please do not hesitate to contact this Office.
Sincerely,

PAMELA R. MASTERS, CLERK

By:

Deputy Clerk
Attachments
Neil GillesDie - Curtis Alan Wilson, Esa
cc:

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT

NEIL J. GILLESPIE, ETC.,
Appellant,

CASE NO. 5D15-0340

V.

REVERSE MORTGAGE
SOLUTIONS, INC., ET AL.,
Appellee.
I

DATE: February 19, 2015

BY ORDER OF THE COURT:
Upon consideration of the February 16, 2015, order of insolvency issued
by the lower tribunal, it ¡s

ORDERED that the January 26, 2015, Order of this Court is withdrawn
and the above-styled cause shall proceed without payment of the filing fee required by
Section 35.22(3), Florida Statutes.

I hereby certify that the foregoing is
(a true copy of) the original Court order.
,.

Dimir,

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PAMELA R. MASTERS, CLERK

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ç

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cc:

Neil J. Gillespie
I hereby certify that the above and foregoing is a
true copy of instrument filed in my office.
JOANNE R SIMMONS, CLERK
DISTRtCT COURT OF APPEAL OF

Per

Deputy Clerk

¡

IN THE DISTRICT COURT OF APPEAL
FOR THE FIFTH DISTRICT, FLORIDA
NEIL J. GILLESPIE, ETC.,
APPEAL NO. 51)15-0340
Appellant,

Li'. 2013-CA-000 H 5
42-2013-CA-0001 5-AXXX-XX
MARION COUNTY, FLORIDA

vs.

REVERSE MORTGAGE SOLUTIONS,
INC.,

Residential Home Foreclosu re Case
Florida Homestead ofNeil J. Gillespie
HECMReverse Mortgage Foreclosure

Appellees.

NOTICE OF APPEAL
SUPREME COURT CERTIFICATION

Appellant pro se Neil J. Gillespie, an indigentlinsolvent nonlawyer, unable to obtain

adequate counsel, a person with disabilities, and a consumer oflegal and court services affecting
interstate commerce, in the first person, gives notice ofappeal ofthe attached opinion, and
certifies to the Florida Supreme Court a question ofgreat public importance. and states:
The attached Order of the Court May I 8, 20 1 5 states:

Inasmuch as the period oftime for responding to the April 27, 2015. order to show cause
was extended at Appellant's request to May 11, 2015, and that period has expired without
a response being filed, it is

t-.-

"C

ORDERED that Appellant's failure to prosecute the appeal, the above-styled cause is
dismissed pursuant to the Florida Rule ofAppellant Procedure 9.4 10.

L)

2.

The Order, entered by Clerk Joanne P. Simmons ofthe Fifth District Court of Appeal,

misstates the facts. My initial filing was 36 pages and received January 28, 2015 at 4:03 PM,
page 1 of which is attached. Subsequently I became ill due to type 2 diabetes and glucose
readings approaching 500. 1 made additional filings that Clerk Simmons wrongly removed from

the docket. I got no response to my Title II ADA disability request filed May i 2, 2015.
Certified question: Is the Am

es Act recogniied in Florida ('ouris?
I hereby certify that the above and foregoing is a
true copy of instrument filed in my office,
JOANNE R SIMMONS, CLERK
DISTRICTCOURTOFAPPEALOF

/5

RESPECTFULLY SUBMITTED June 17, 2015.

Neil J. Gillespie, pro se
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: (352) 854-7807

Email: neiIgillespie(mfì.net
Certificate of Service

I hereby certify that! served the foregoing on Mr. Wilson June 17, 2015.
Mr. Curtis Alan Wilson
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email : MRServicemccallaraymer.com

Neil J. Gillespie, pro se

èe'-,-

.

- . ---

Deputy Clerk

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT

NEIL J. GILLESPIE, ETC.,
Appellant,

t_ s-cJ
CASE NO. 5D15-0340

V.

REVERSE MORTGAGE
SOLUTIONS, INC., ET AL.,

:at
;v

9r

Appellee.

.-'-.-ç_

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DATE: May 16, 2015

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BY ORDER OF THE COURT:

LJ

Inasmuch as the period oftime for responding to the April 27, 2015, order
to show cause was extended at Appellant's request to May 11, 2015, and that period
has expired without a response being filed, it is

ORDERED that due to Appellant's failure to prosecute this appeal, the
above-styled cause is dismissed pursuantto Florida Rule ofAppellate Procedure 9.410.

I hereby certify that the foregoing is
(a true copy of) the original Court order.

I

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JOANNE P. SIMMONS, CLERK

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Neil J. Gillespie

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\EtL J. (iILLESPJE \D \IARK GiLLESPIE
AS CO-TRUSTEES OF THE GILLESPIE
FAMiLY LIVING TRUST AGREEMENT
DATED FEBRUARY lO, 1997, ET AL.

DEFENDANTS NOTICE OF APPEAL. MOTION TO STAY PENDING APPEAL, AND
MOTION TO COMPEl. PLAINTIFF TO OBTAIN COUNSEL FOR UNKNOWN PARTIES
I)efendants Nei! J. Gillespie. individually, and as tnistee per F S Ch 73 Part III. a
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For Writ of Prohibition. the ORE)ER FROM CASE MANAGEMENT

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CO\FERENCE entered by Judge Hale R Stancl ofiliis Coini January
ORDER signed by Jud'e Statici! appears at Exhibit

c, 21)1

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Marion Counts', FL David R [lispermanu, Clerk

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NEIL J. GILLESPIE, ETC.,
Appellant,

CASE NO. 5D15-0340

V.

REVERSE MORTGAGE
SOLUTIONS, INC., ET AL.,
Appeflee.
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DATE: May 18, 2015

BY ORDER OF THE COURT:
Inasmuch as the period of time for responding to the April 27, 2015, order

to show cause was extended at Appellants request to May 1 1 201 5, and that period
,

has expired without a response being filed, it is

ORDERED that due to Appellant's failure to prosecute this appeal, the
above-styled cause ¡s dismissed pursuant to Florida Rule ofAppellate Procedure 9.410.

I hereby certify that the foregoing is
(a true copy of) the original Court order.
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JOANNE R SIMMONS, CLERK

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OF

cc:

Curtis A. Wilson

Neil J. Gillespie

f hereby certify that the above and foregoing ¡s a
true copy of instrument ffled in my office.
JOANNE R SIMMONS, CLERK
DISTRICICOURTOFAPPEALOF
t

Per

Deputy Clerk