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IN THE
____________________
vs.
October 1, 2018
by
vs.
Other Parties
Fake Parties
• Unknown parties
• Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997 (the Trust terminated on February 2, 2015)
• Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated
February 10, 1997 (NONE)
TABLE OF CONTENTS
CONCLUSION............................................................................................................................ 9
Exhibit 2 Attorney solicitation by Boyette, Cummins & Nailos, PLLC and email 2013-2018
OPINIONS BELOW
Appendix 2 June 18, 2018 ORDER: The petition for review is hereby dismissed on the
Court's own motion based on petitioner's failure to timely file the jurisdictional
brief in accordance with this Court's orders dated March 19, 2018, and May 15,
2018. Any and all pending motions are hereby denied as moot. If petitioner
wishes to seek reinstatement, the motion for reinstatement must be filed within
fifteen days from the date of this order.
Appendix 3 July 6, 2018 ORDER: Petitioner’s motion to accept amended motion for
reinstatement and appendix as timely filed is granted, and said amended motion
for reinstatement and appendix were filed with this Court on July 5, 2018.
Appendix 4 July 13, 2018 ORDER: Petitioner's Amended Motion for Reinstatement is hereby denied.
JURISDICTIONAL STATEMENT
The jurisdiction of this Court is invoked under Rule 13.5 and 28 U.S.C. § 1254(1).
1
Filing # 68853375 E-Filed 03/06/2018 01:01:31 PM
The Florida Supreme Court has received the following documents reflecting a
filing date of 2/28/2018.
The above listed notice has been treated as a Notice to Invoke Discretionary
Jurisdiction seeking review of order dated January 30, 2018.
The Florida Supreme Court's case number must be utilized on all pleadings and
correspondence filed in this cause.
tr
cc:
CURTIS ALAN WILSON JUSTIN INFURNA
NEIL J. GILLESPIE HON. JOANNE P. SIMMONS, CLERK
1. Letter corrected to reflect seeking review of order dated January 30, 2018
instead of January 20, 2018.
APPENDIX 1
Filing # 73684294 E-Filed 06/18/2018 10:45:06 AM
Petitioner(s) Respondent(s)
The petition for review is hereby dismissed on the Court's own motion based
on petitioner's failure to timely file the jurisdictional brief in accordance with this
Court's orders dated March 19, 2018, and May 15, 2018. Any and all pending
motions are hereby denied as moot. If petitioner wishes to seek reinstatement, the
motion for reinstatement must be filed within fifteen days from the date of this
order.
A True Copy
Test:
db
Served:
APPENDIX 2
Filing # 74562736 E-Filed 07/06/2018 12:28:58 PM
Petitioner(s) Respondent(s)
A True Copy
Test:
db
Served:
APPENDIX 3
Filing # 74882403 E-Filed 07/13/2018 09:21:54 AM
Petitioner(s) Respondent(s)
A True Copy
Test:
db
Served:
APPENDIX 4
IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT
NEIL J. GILLESPIE,
INDIVIDUALLY, AND AS
FORMER TRUSTEE OF
THE TERMINATED
GILLESPIE FAMILY LIVING
TRUST AGREEMENT
DATED FEBRUARY 10,
1997,
Appellant,
REVERSE MORTGAGE
SOLUTIONS, INC.,
Appellee.
________________________/
ORDERED that Appellant’s Motion to Toll Time, filed January 17, 2018, is
denied. Appellant’s Motion for Leave to Reply, filed January 25, 2018, is denied. The
above-styled cause is hereby dismissed for failure to file the Initial Brief.
cc:
APPENDIX 5
APPENDIX 6
IN THE CIRCUIT COURT OF THE FIFTH
JUDICIAL CIRCUIT OF FLORIDA IN AND FOR
MARION COUNTY
Plaintiff,
vs.
0:::>
CORPORATION OF AMERICA; UNKNOWN :J::"- :>
:t> rri ~~ -..I
.. , l
SPOUSE OF ELIZABETH BAUERLE; ~~~~~.. <-
c
r
.~
~:.:. ;._~
--1-
rlJ
GILLESPIE; UNKNOWN SPOUSE OF NEIL (J(':;~_ 0:> C:Jr
J. GILLESPIE; UNKNOWN E~~Jj ~<fTl
z--: -0 ::7)C1
SETTLERS/BENEFICIARIES OF THE --1. c:~: ::r::
/ ....J,;.~,
GILLESPIE FAMILY LIVING TRUST .. Cl
~~~~
~
:?'
AGREEMENT DATED FEBRUARY 10, 1997;
UNKNOWN TRUSTEES, SETTLERS AND W
BENEFICIARIES OF UNKNOWN
SETTLERS/BENEFICIARIES OF THE
GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10,1997;
UNKNOWN TENANT IN POSSESSrON 1
and UNKNOWN TENANT IN POSSESSION
2,
Defendants.
- - - - - - - - - - - - - - - -/
5543731 12-02121-2
2. Plaintiff holds a lien for the total sum in this Final Judgment, which is superior
and prior to the right, title interest, claims of lien, encumbrances and equities of the following
Defendants: NEIL J. GILLESPIE AND MARK GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; OAK
RUN HOMEOWNERS ASSOCIATION, INC.; UNITED STATES OF AMERICA, ON
BEHALF OF THE SECRETARY OF HOUSING AND URBAN DEVELOPMENT;
ELIZABETH BAUERLE; MARK GILLESPIE; NEIL J. GILLESPIE; DEVELOPMENT &
CONSTRUCTION CORPORATION OF AMERICA; UNKNOWN SPOUSE OF ELIZABETH
BAUERLE; UNKNOWN .SPOUSE OF MARK GILLESPIE; UNKNOWN
SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST AGREEMENT
DATED FEBRUARY 10,1997; UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARlES
OF UNKNOWN SETTLERSIBENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997, and all others claiming through or on
behalf of said defendants, on the following real property:
Lot(s) 1, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
Marion County, Florida.
a/kJa 8092 SW 115th Loop, Ocala, FL 34481
Principal $123,200.85
554373·1 12-0212] -2
TOTAL $148,363.32
5. If tl1e total sum with interest at the rate described in paragraph 3 and all costs
accrued subsequent to this judgment are not paid, the clerk of this court shall sell the property at
public sale on ~f)tEMbEC /q ,20fl, at 11:00 AM to the highest bidder for cash,
I
except as prescribed in paragraph 6, at 11 :00 AM electronically at
www.Marion.realforeclose.comin accordance with section 45.031, Florida Statutes.
6. Plaintiff shall advance all subsequent costs of this action and shall be reimbursed
for them by the clerk if Plaintiff is not the purchaser of the property for sale, provided, however,
that the purchaser of the property for sale shall be responsible for the documentary stamps
payable on the certificate of title. If Plaintiff is the purchaser, the clerk shall credit Plaintiffs bid
with the total sum with interest and costs accruing subsequent to this judgment, or such part of it,
as is necessary to pay the bid in full.
7. On filing the Certificate of Title, the clerk shall distribute the proceeds of the sale,
so far as they are sufficient, by paying: first, all of Plaintiffs costs; second, documentary stamps
affixed to the certificate; third, Plaintiffs attorneys' fees; fourth, the total sum due to Plaintiff,
less the items paid, plus interest at the rate prescribed in paragraph 3 from the date of this
jud~ent to the date of the sale; and by retaining any remaining amount pending the further
Order of this court.
554373] 12..02]21-2
9. The right of redemption of any Defendant is terminated upon the issuance of the
Certificate of Sale by the clerk of court pursuant to the provisions of Florida Statutes 45.0315.
10. The Court retains jurisdiction of this action to enter further Orders that are proper
including, without limitation, writs of possession, deficiency judgments and re-foreclosure of
omitted parties and to determine the amount of assessments due pursuant to Florida Statutes
718.116 or 720.3085, if applicable.
11. In the event the instant case is dismissed by the Plaintiff, the Clerk of Court is
hereby directed to release any original loan documents filed with the Court to counsel of record
for Plaintiff.
Plaintiff hereby assigns the bid to Federal National Mortgage Association and the
Certificate of Title shall be issued to said entity.
5543731 12-02121-2
2017.
5543731 12-02121-2
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
neiIgillespie@lnfi.net
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust AgreeJnent dated
February 10,1997
8092 SW 115th Loop
Ocala, FL 34481
Unknown Settlors/Beneficiaries ofThe Gillespie Family Living Trust Agreement dated February 10, 1997
8092 SW 11 5th Loop
Ocala, FL 34481
Neil J. Gillespie, a nonlawyer appearing pro se, henceforth in the first person, makes this
application to Justice Clarence Thomas under USSC Rule 13.5 to extend time to file a petition
RELIEF SOUGHT
I respectfully request a 60 day extension of time to file a petition for a writ of certiorari in
Florida Supreme Court Case No.: SC18-343, from October 11, 2018 to December 10, 2018.
I was denied the counsel of my choice, Boyette, Cummins & Nailos, PLLC, at the outset
of this case in January 2013. Information in September 2018 shows likely involvement by The
Florida Bar and/or others acting on its behalf. (Exhibit 2). I was denied counsel under the Older
Americans Act, 42 U.S.C. ch. 35. My affidavit of July 28, 2018 shows: (Appendix C)
“On July 18, 2017 I was taken by ambulance to the hospital after becoming sick during a
non-jury trial on the foreclosure of my home. I was alone and without counsel to
represent me. Presiding Judge Ann Melinda Craggs continued the trial without me and
ruled for the bank.”
Judge Cragg’s Orders of May 5, 2017 prohibit local counsel from representing me at the
The FINAL JUDGMENT OF FORECLOSURE does not mention the arguments I made
at the non-jury trial before becoming sick on July 18, 2018. Judge Craggs did not include any of
my documents into evidence. This has been a sham proceeding going into its sixth year.
2
(FHA) “reverse” mortgage program administered by the Secretary, United States Department of
Housing and Urban Development (Secretary or HUD) to enable home owners over 62 years old
access the subject home's equity. 12 U.S.C. § 1715z20 et seq. and 24 C.F.R. Part 206. The record
shows substantial violations of the HECM rules by the HUD-approved lender and lender parties.
This appeal is to save my home from foreclosure. I am one of three (3) borrowers, with
my mother Penelope Gillespie, and brother Mark Gillespie. Plaintiff’s state court in rem action
alleges the 2009 death of Penelope Gillespie is grounds to foreclose a Home Equity Conversion
Mortgage on my homestead residence, 8092 SW 115th Loop, Ocala, Marion County, Florida
(the property) in a 55+ community called Oak Run, built by the Development and Construction
Corporation of America (DECCA), and managed by DECCA’s successor, Oak Run Associates
LTD (ORAL). The property’s market value is $87,985 according to the MCPA (2017).
mortgage does. Instead, a HECM does not become due and payable until the last surviving
homeowner dies or no longer lives in the home. 12 U.S.C. § 1715-z20(j) Safeguard to prevent
displacement of homeowner. The HECM becomes due and payable in full “if a mortgagor dies
and the property is not the principal residence of at least one surviving mortgagor....and no other
I am one of two surviving HECM mortgagors, and the only surviving homeowner living
in the home, alone, in substantial compliance with the HECM Note, making this foreclosure of a
HECM premature. My bother Mark Gillespie of Fort Worth Texas is also a surviving borrower,
but he does not live in the home. The HECM becomes due and payable in full “if a mortgagor
dies and the property is not the principal residence of at least one surviving mortgagor....and no
other mortgagor retains title to the property.” 24 C.F.R. § 206.27(c). Mortgagor Ms. Gillespie
3
died in 2009. But I am a surviving borrower or mortgagor living in the home as my principal
residence, and retain title to the property. Therefore I dispute the Plaintiff’s allegations in its
1. On September 7, 2018 the Clerk of the Circuit Court of the Thirteenth Judicial Circuit in
Barker, Rodems & Cook, Case No. 05-CA-007205. (Exhibit 1). The previous 3 filings in the
case are shown below, and pertain to USSC Petition No. 12-7747,
I must file a response within 60 days or the case will be dismissed. I believe my response in the
above case is vital to this case, USSC Petition No. 12-7747, and every other petition I have filed.
2. I am disabled with, inter alia, traumatic brain injury, and have relied upon the drug
Nuvigil to focus my attention since 2013, obtained through Teva Cares Patient Assistance. Since
the crackdown on pain medication, doctors are reluctant to write prescriptions for any controlled
substances. Nuvigil is not a pain medication, it is a wakefulness drug, but still a controlled
substance. I spent the month of August 2018 trying to get a prescription for Nuvigil, but was
only able to get 60 tablets, which I cut in half to stretch the medication, and for which I paid
$180 for the generic Armodafinil 150mg table. My regular dose of Nuvigil 150mg is one tablet a
day. Now I am effectively on a half dose, or 75mg of Nuvigil a day, using generic Armodafinil.
This lack of vital medication has slowed my ability to work. I must continue to find a doctor
willing to write me a prescription for Nuvigil 150mg for Teva Cares Patient Assistance.
4
3. The attorney solicitation by Boyette, Cummins & Nailos, PLLC dated January 11, 2013 and
mailed to me, and my acceptance by email two separate times, appears at Exhibit 2
and when considered with the email in 2018, and lack of response by any party, shows I was denied the
counsel of my choice, with likely involvement by The Florida Bar and/or others acting on its behalf.
Case No. SC18-343, Filing # 74489871 E-Filed 07/05/2018 10:13:00 AM, shows, inter alia, the
defective record on appeal, preventing me from filing an initial brief in 5DCA17-2665. Time is
needed to give notice under Florida Rule of Civil Procedure Rule 1.071 Constitutional Challenge
Notice by Party for due process. Regarding the Fifth District Court of Appeals, as shown at
paragraph 35, The 5DCA CaseMail system is unconstitutional for lack of due process. The
shows structural damage described February 28, 2018 by Proclaim Engineering’s Imminent
Danger Letter - SFIC#140073. Proclaim’s report found the damage resulted from “initial
construction methods and workmanship”, and misplaced rain gutter downs pouts. This issue
with my home continues to require more time and effort that could have been spent on the case.
Marion County has approved my home for occupancy. However Michael L. Savage, Sr.,
Director, Marion County Building Safety, did not respond to the substance to my May 1st. letter:
Mr. Savage,
This will acknowledge your email, and is a very brief response to some of the issues you
raised.
5
Since you agree with the Engineer’s evaluation of the column at the front of my home,
and the Engineers determination, I direct your department to assist the contractor,
DECCA, Development and Construction Corporation of America, or whatever it calls
itself now, with the required permits to take the remedial actions necessary to repair said
deterioration as noted.
My parents paid DECCA to construct this home in 1993-1994, and at all times pertinent
since then, this is a maintained homesite. Attached you will find a letter dated August 16,
1994 from DECCA addressed to my parents, Cornelius & Penelope Gillespie, at 8092
SW 115 Loop Ocala, FL 34481, the subject property. Under the Villa Maintenance
Program, DECCA is required to repair cracks and paint the exterior of the home on a five
year cycle. In keeping with the industry standard, DECCA is required to repair cracks
greater than 3/8 inch in width which are the Builder's responsibility. If at any time the
crack in the stucco exceeds 3/8 inch in width, DECCA is required to make the repair. I
am providing this notice to DECCA, and ORAL, Oak Run Associates Limited, and the
ORHA, Oak Run Homeowners Association, Inc., by and through the persons shown at
the end of this email.
During the establishment of Oak Run, DECCA and company officials pled guilty and
were convicted of federal crimes for knowingly hunting protected wildlife on the
property. Oak Run developer Kulbir Ghumman, and Herbert von Kluge, knowingly
hunted protected red-cockaded woodpeckers, see attached, United States v.
DECCA/Ghumman, Kulbir, et al. case 87-00013, U.S. District Court, Middle District
Florida.
Given Oak Run’s past, I am concerned whether my home was constructed according to
code. For example, attached is a photograph of the column made during construction,
which shows the block going into the ground without a foundation. Did this construction
comply with the building code in Florida and Marion County in 1993-1994?
For example, I believe virtually every concrete driveway in Oak Run (3,400 homes) is
cracked, apparently due to a lack of thermal expansion joints. I invite you to personally
inspect the defective driveways in Oak Run and determine the cause of this damage.
On October 30, 2006, my mother Penelope Gillespie, was injured as a result of DECCA's
entry door, 11637 SW 90th, Terrace, Ocala, FL, as reported in my letter Nov-27-2006 to
James E. Flynn, President, Oak Run Homeowners Association, Inc. (ORHA). When I
returned the next day to photograph the apparent code violation, I was assaulted by
DECCA employee Emilio Gonzales, who tried to grab my camera, see MCSO report
0610310707.
6
Please note, this is a very limited initial response. More to follow.
Sincerely, Neil J. Gillespie
On June 7, 2018, I emailed Eric W. Sporre, Special Agent in Charge, FBI Tampa Field Office,
As of today I have not heard back from Oak Run developer Kulbir Ghumman of
DECCA, Development and Construction Corporation of America, or his daughter Priya
Ghumman, DECCA’s current President, Director, and Registered Agent, according to the
attached 2018 Florida Profit Corporation Annual Report.
I am currently making emergency modifications to the rain water discharge system that
apparently undermined the column at the front of my home. Then I will make a formal
request to DECCA to repair this column pursuant to the Villa Maintenance Program, and
may make a claim against DECCA’s contractor policy. My insurance company denied
my claim, but said I can make the necessary repairs myself. Thank you.
Neither the FBI nor the Marion County Sheriff’s Office responded. Therefore, this issue with the
home continues to require more time and effort expended by myself. It appears a corrupt Marion
County Government allowed a bad builder to skirt the proper building methods in 1993.
7
ADDITIONAL REASONS FOR GRANTING THE EXTENSION OF TIME
The maxim that a "man's house is his castle" is one of the oldest and most deeply rooted
levels of society down to the "poorest man" living "in his cottage." The maxim also forms part of
the fabric of the Fourth Amendment to the Constitution, which protects people, their homes, and
*Citation: Sir Edward Coke, Third Institute of the Laws of England 162 (1644). The
complete quotation is: “For a man’s house is his castle, et domus sua cuique tutissimum
refugium.” The Latin means: “and his home his safest refuge.” See Semayne’s Case
(1603) 77 Eng. Rep. 194 (K.B.) (“[T]he house of every one is to him as his castle and
fortress, as well for his defence against injury and violence, as for his repose.”), quoted in
Wilson v. Layne, 526 U.S. 603, 609–10 (1999); Weeks v. United States, 232 U.S. 383,
390 (1914) (“[E]very man’s house is his castle.” (quoting Judge Thomas McIntyre
Cooley, A Treatise on the Constitutional Limitations Which Rest upon the Legislative
Power of the States of the American Union 299 (1868))); William Blackstone, 3
Commentaries 288 (1768) (“[E]very man’s house is looked upon by the law to be his
castle...”); William Blackstone, 4 Commentaries 223 (1765–1769) (“[T]he law of
England has so particular and tender a regard to the immunity of a man’s house, that it
stiles it his castle, and will never suffer it to be violated with impunity...”); Miller v.
United States, 357 U.S. 301, 307 (1958) (quoting William Pitt’s 1763 speech in
Parliament: “The poorest man may in his cottage bid deªance to all the forces of the
crown. It may be frail; its roof may shake; the wind may blow through it; the storm may
enter; the rain may enter; but the king of England may not enter—all his force dares not
cross the threshold of the ruined tenement!”).
8
CONCLUSION
The USSC Rule 13.5 Application to Extend Time To File A Petition For A Writ Of
Certiorari, IN RE: Supreme Court of Florida, Case No.: SC18-343 should be granted, to extend
time 60 days, from October 11, 2018 to December 10, 2018, together with such other and further
9
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
CIVIL DIVISION
PlaintiffIPetitioner vs Defendant/Respondent
05-CA-007205
TO: GILLESPIE, NEIL J
8092 SW 115TH LOOP
OCALA FL 34481
If you have already retained a lawyer for this matter, please disregard this letter.
January 11,2013
My review of public records at the Marion County Clerk's Office indicates that a foreclosure suit was recently filed
against you. My knowledge of your specific case is limited to the information in the public record. Because a foreclosure
action could have serious ramifications, it may be in your best interest to consult with an attorney. Speak with a
knowledgeable and experienced Florida attorney in these financial matters.
It is up to you. Choose to speak with an attorney that will take the time to meet with you and educate you
regarding your options. Debt collectors are counting on your not having a lawyer. With a little help and guidance you
can assess your situation and make the best objective decision based on the facts. You may benefit from our legal
services and may also qualify for government assistance programs. Don't worry; your situation is not as bad as you think,
but YOU MUST ACT NOW. If you have not been served yet, you will be soon. You have 20 days after the date of
service to answer a legal complaint. Do not waste time; it is one of your biggest assets.
I was admitted to The Florida Bar in 1993 after graduating from Mercer University with a J.D. degree in 1991; and
from the University of Florida with a Masters in Taxation in 1993. I am experienced in real estate law, fmancial, and
transactional law and have been working closely with banks and homeowners for over ten years.
If you, a family member, or someone you know is finding yourselves in a tough situation, give our office a call to
set up a FREE 30-minute consultation. It's important to Know Your Attorney. Know Your Options.
1635 E. HIGHWAy 50, SOIl E 300, CLERMON I , F L 347 I I TEL.(3!5Z'394-Z 10:3 F'AX.(:33Z':394-Z 103
www.BCNLawFirm.com
Page 1 of 6
Neil Gillespie
RE: Your letter January 11, 2013, mortgage foreclosure in Marion County
As of today I do not have a response from you, or on behalf of your law firm, Boyette, Cummins &
Nailos, PLLC, to my email of September 19, 2018, found below.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel: 352-854-7807
Email: neilgillespie@mfi.net
10/1/2018
Page 2 of 6
RE: Your letter January 11, 2013, mortgage foreclosure in Marion County
Your attached letter to me of January 11, 2013, on letterhead of Boyette, Cummins & Nailos,
Attorneys At Law, re foreclosure case 2013-CA-00115 Marion County, FL, begins,
My review of public records at the Marion County Clerk's Office indicates that a
foreclosure suit was recently filed against you. My knowledge of your specific case is
limited to the information in the public record. Because a foreclosure action could have
serious ramifications, it may be in your best interest to consult with an attorney. Speak
with a knowledgeable and experienced Florida attorney in these financial matters.
I responded to you by email in the affirmative on Monday, January 14, 2013 at 6:53 PM but I did not
get a response. I sent a second affirmative response on Friday, January 18, 2013 at 11:43 PM but I did
not get a response. My emails to you are forwarded below. Your letter states in paragraph two:
It is up to you. Choose to speak with an attorney that will take the time to meet with
you and educate you regarding your options. Debt collectors are counting on your not
having a lawyer. With a little help and guidance you can assess your situation and make
the best objective decision based on the facts. You may benefit from our legal services and
may also qualify for government assistance programs. Don't worry; your situation is not as
bad as you think, but YOU MUST ACT NOW. If you have not been served yet, you will
be soon. You have 20 days after the date of service to answer a legal complaint. Do not
waste time; it is one of your biggest assets.
Yes, I agree that "Debt collectors are counting on your not having a lawyer" but for some reason you
and your firm did not fulfill your offer which I requested/accepted "With a little help and guidance you
can assess your situation and make the best objective decision based on the facts."
I also agree with your statement "You may benefit from our legal services and may also qualify for
government assistance programs" but I did not get those legal services as you and your firm offered
and that I requested/accepted. You wrote further,
I was admitted to The Florida Bar in 1993 after graduating from Mercer University with a
J.D. degree in 1991; and from the University of Florida with a Masters in Taxation in
1993. I am experienced in real estate law, financial, and transactional law and have been
working closely with banks and homeowners for over ten years.
You and your firm are not the only attorneys to either decline representation of me, or who failed to
respond to my request for representation. As you know, The Florida Bar is a unified bar, and
membership in The Florida Bar is mandatory for all lawyers who practice in Florida.
10/1/2018
Page 3 of 6
You and your firm took the time, made the effort, and expended funds, to solicit my business by letter
sent in the U.S. mail, for representation in foreclosure case 2013-CA-00115 Marion County, FL. So I
do not understand why you and your firm did not respond to my two requests for representation. I have
speculated that The Florida Bar maintains a blacklist of people like me who are systematically denied
adequate representation. In addition to, and in the alternative, I have speculated that the Bar Governor
for the respective Circuit, in this case Circuit 5, Seat 1, Renée E. Thompson, may act as a de facto
caporegime, or capo, in achieving certain outcomes in court cases such as my residential home
foreclosure. https://www.floridabar.org/about/bog/
Is that why you and your firm failed to respond to my requests for legal representation? Does my name
appear on a Florida Bar blacklist? Did Ms. Thompson, or anyone else, contact you or your firm about
me and my foreclosure case?
Mr. Boyette, why did you and your firm not respond to my requests for representation? Thank you.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel: 352-854-7807
Email: neilgillespie@mfi.net
Ps. Email responses from Mr. Tomasino, Clerk of the FSC, to my questions below, are attached.
RE: Your letter January 11, 2013, mortgage foreclosure in Marion County
Your name sounded familiar today, so I checked my old emails. My records show I contacted you
twice in January, 2013 relative to your unsolicited mail, which is forwarded with attachments.
10/1/2018
Page 4 of 6
I have no record, or recollection, of getting a response from you or your firm. Fine.
So why did Mr. Tomasino and the Florida Supreme Court (FSC) decide to embark on the behavior
for which I complained today? Separately and in addition to, I am aware for years that my email has
been compromised, and I put the information online in the foreclosure case, see,
In lieu of a credible response from Mr. Tomasino and the FSC, a reasonable person might conclude
that they compromised my email, perhaps on behalf of The Florida Bar, and/or others.
I have updated documents to replace DOC-340 and DOC-341, but have not had time to do so.
Sincerely,
/s/
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Tel: 352-854-7807
Email: neilgillespie@mfi.net
RE: Your letter January 11, 2013, re mortgage foreclosure in Marion County
On January 14, 2013 I responded by email to your offer of foreclosure defense representation, made
by your letter addressed to me at my home, but I have not heard back from you. Time is of the
essence as a response is due shortly.
10/1/2018
Page 5 of 6
When can I expect to hear from you Mr. Boyette? Below is the email I sent you. Thank you.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
(352) 854-7807
RE: Your letter January 11, 2013, mortgage foreclosure in Marion County
Thank you for your letter sent in response to a home foreclosure against me in Marion County.
Your Florida Bar directory page shows you in the Elder Law Section, which issues dominate this
foreclosure on a HECM reverse mortgage on my home in a family trust. Because time is of the
essence, attached is the foreclosure complaint and summons.
The issues in this foreclosure include disability discrimination by the lender and lender affiliated
parties, and abuse, neglect, and exploitation of elderly and disabled adults, as described in my
complaint made August 9, 2012 to Reverse Mortgage Solutions, Inc., and the U.S. Department of
Housing and Urban Development (HUD), see attached. Plaintiff’s counsel Ms. Parsons responded to
me by letter October 15, 2012, see attached.
In addition, this matter involves serious wrongdoing by the lender and lender affiliated parties, and it
is my understanding that my HUD complaint is under review by the Consumer Financial Protection
Bureau, Complaint No. 120914-000082.
On December 26, 2012 I timely filed a Request for Review Form that was received by the
Independent Foreclosure Review Administrator, Reference Number 1812463076.
Sincerely,
10/1/2018
Page 6 of 6
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
(352) 854-7807
10/1/2018
Clerk October 1, 2018
Supreme Court of the United States
1 First Street, NE
Washington, DC 20543
Dear Clerk:
Rule 13.5 Application to Justice Clarence Thomas to Extend Time to File A Writ of Certiorari,
and 2 copies, with separate volume appendices.
Enclosures
IN THE
vs.
PROOF OF SERVICE
I, Neil J. Gillespie, do swear or declare that on this date, October 1,2018, as required by
Supreme Court Rule 29, I have served the enclosed Rule 13.5 Application to Extend Time To
File A Petition For A Writ Of Certiorari, IN RE: Supreme Court of Florida, Case No.: SCI8-343,
on each party to the above proceeding or that party's counsel, and on every other person required
to be served, by depositing an envelope containing the above docunlents in the United States
mail properly addressed to each of them and with first-class postage prepaid, or by delivery to a
third-party commercial carrier for delivery within 3 calendar days, and by E-service.
Represented by: Curtis Alan Wilson, Esq., Florida Bar No. 77669
Orlando, FL 32801
Phone: 407-674-1850
Fax: 321-248-0420
Email: MRService@mrpllc.com
Email: MRService@mccalla.com
I declare under penalty of perjury that the foregoing is true and correct.