appellant's amended motion to extend time

8/9/2019 Appellant's Amended Motion to Extend Time

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IN THE DISTRICT COURT OF APPEAL

FOR THE FIFTH DISTRICT, FLORIDA

NEIL J. GILLESPIE, ETC.,

APPEAL NO. 5D15-0340

Appellant,

L.T. 2013-CA-000115

VS. 42-2013-CA-000115-AXXX-XXMARION COUNTY, FLORIDA

REVERSE MORTGAGE SOLUTIONS,

INC., Residential Home Foreclosure Case

Appellees. Florida Homestead of Neil J. Gillespie

_______________________________________ /

APPELLANT’S AMENDED MOTION TO EXTEND TIME TO RESPOND

TO SHOW CAUSE ORDER

Appellant pro se Neil J. Gillespie, an indigent/insolvent nonlawyer, unable to obtain

adequate counsel, a person with disabilities, and consumer of legal and court services affecting

interstate commerce, henceforth in the first person, hereby moves to extend time to file a

response to this Court’s Order April 27, 2015, and states as follows:

1. This Court entered an Order April 27, 2015 that amounts to an order to show cause:

DATE: April 27, 2015 - BY ORDER OF THE COURT:

Upon consideration that this appeal is a non-final appeal and the initial

brief was due fifteen days after the filing of the notice of appeal, it is

ORDERED, sua sponte, that Appellant shall file with this Court and show

cause, on or before ten days from the date hereof, why the above-styled appeal should

not be dismissed for failure to file a brief and appendix in the cause.

2. I move to extend time under Fla. R. App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514,

until Monday May 11, 2015.

3. I am disabled with, inter alia, type 2 adult onset diabetes. Treatment thereof has not been

sufficient. On May 1, 2015 I obtained injectable Humulin insulin, receipt attached. On Monday

May 4, 2015 I visited my doctor and got instructions how to inject the insulin, and what other

medications to continue or to stop.

4. The attached Accu-Chek Compass One Page Summary Report 4/25/2015 - 5/8/2015

shows little improvement from earlier glucose level reports. Today the number exceeded 400.

R E C E I V E D , 5 / 8 / 2 0 1 5 4 : 0 1 P M , J o a n n e P . S i m m o n s , F i f t h D i s t r i c t C o u r t o f A p p e a l


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5. I am significantly disabled by glucose levels shown on the attached report.

6. Enclosed is Notice to the Fifth Judicial Circuit that its Public Records Policy is unlawful.

7. Enclosed is my response and records request to Ms Savitz Bar Counsel May-08-2015.

8. Enclosed is my response to Paul Hill-General Counsel-ADA Coordinator-TFB May-08-2015

WHEREFORE, I respectfully move the Court to extend time until Monday May 11, 2015

and consider this amended motion.

RESPECTFULLY SUBMITTED May 8, 2015.

Neil J. Gillespie, appellant pro se

8092 SW 115

th

Loop Telephone: (352) 854-7807Ocala, Florida 34481 Email: [email protected]


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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFIFTH DISTRICT

NEIL J. GILLESPIE, ETC. ,

Appellant,

v. CASE NO. 5D15-0340

REVERSE MORTGAGESOLUTIONS, INC., ET AL.,

Appellees. ________________________/

DATE: April 27, 2015

BY ORDER OF THE COURT:

Upon consideration that this appeal is a non-final appeal and the initial

brief was due fifteen days after the filing of the notice of appeal, it is

ORDERED, sua sponte, that Appellant shall file with this Court and show

cause, on or before ten days from the date hereof, why the above-styled appeal should

not be dismissed for failure to file a brief and appendix in the cause.

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

cc:

Curtis A. Wilson Neil J. Gillespie


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Accu-Chek CompassOne Page Summary Report4/25/2015 - 5/8/2015

Neil J. Gillespie

Birth Date: 3/19/1956

0

50

100

150

200

250

300

350

400

450

500

550

600

4/252015

4/26 4/27 4/28 4/29 4/30 5/1 5/2 5/3 5/4 5/5 5/6 5/7 5/8

b G (

m g / d L )

Trend GraphTrend Graph

0

50

100

150

200

250

300

350

400

450

500

550

600

Night BeforeBreakfast

After Breakfast

BeforeLunch

After Lunch

BeforeDinner

After Dinner

Evening

b G (

m g / d L )

Average Day Average Day

Target RangeTarget RangeOverallOverall

Above 100.0% (11 tests)

Before MealsBefore Meals


After Meals Af ter Meals


Above Target

Within Target

Below Target

Hypo

( > 140 mg/dL ):

( 70 - 140 mg/dL ):

( 50 - 69 mg/dL ):

( < 50 mg/dL ):

11

0

0

0

100.0%

0.0%

0.0%

0.0%

Highest bG (mg/dL):

Lowest bG (mg/dL):

Average bG (mg/dL):

Number of HIs:

Number of LOs:

423

202

327.6

0

0

Total # of Tests:

Avg. # Tests per Day:

Standard Deviation:

11

0.8

62.5

Range Tests Percent

Page 1 of 1Printed: 5/8/2015 Roche Diagnostics


5/11


6/11

Your Prescription Receipt

J Publix

Pharmacy

1201

8075 SW HWY 200

SW 115TH LOOP

OCALA,

Fl

34481

FL

34481

854-7807 OOB: 03/19/1956 Phone

(352)

291-0372

8020445 New

05/01/15

N100

UNITS/ML VIAL

00002·8315-01

Mfg:

ELI LILLY CO.

10.00

Days:

28

Refills by 04/05/2016

Ins.

PUBLIX DIRECT CARE RX PROGRAM

D71505018NJ8T1

plan(s) have

saved

you 42.00

Medication

AMOUNT

DUE:

.122.95

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7/11

PU L X

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better

Canopy

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8075 SW Highway 200,

Unit 111

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Pharmacy Manager: Richard

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PBX 31G 3 10CC

5 1

RX

CASH/COPAY

RX

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122.95

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Order Total 140.90

Sales Tax

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Cash

150.00

Change

9.10

Your

cashier was Debbie

05/01/2015 20:24 S1201

R162 5185

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Love to shop here. Love to save here.

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8/11

Certificate of Service - May 8, 2015

Fifth District Court of Appeal, Florida

Appellant’s Amended Motion to Extend Time to Respond to Show Cause Order

Appeal No. 5D15-0340

I certify that today May 8, 2015, the foregoing Appellant’s Amended Motion to Extend

Time to Respond to Show Cause Order was E-filed in the Fifth District Court of Appeal, and furnished to the names below by E-mail, except for The Honorable Hale Ralph Stancil, his email

is blocked, and was served by UPS instead.

The Honorable Hale Ralph Stancil Mr. Curtis Alan Wilson, FL Bar No. 77669

Florida Circuit Court Judge Ms. Danielle Nicole Parsons, FL Bar No. 29364

Marion County Judicial Center McCalla Raymer, LLC

110 N.W. 1st Avenue, Ocala, FL 34475 225 E. Robinson Street, Ste. 660

Blocked email: [email protected] Orlando, FL 32801

VIA UPS No. 1Z64589FP299002502 Email: [email protected]

The Honorable Joanne P. Simmons The Honorable David R. EllspermannClerk of Court, Clerk’s Office Marion County Clerk of Court & Comptroller

Fifth District Court of Appeal 110 N.W. 1st Avenue, Ocala, FL 34475

300 South Beach Street Email: [email protected]

Daytona Beach, FL 32114 Mr. Gregory C. Harrell, General Counsel

Not served on request Email: [email protected]

Ms. Colleen Murphy Davis, AUSA Ms. Michalene Y. Rowells, Paralegal Specialist

400 N. Tampa Street, Suite 3200 U.S. Department of HUD

Tampa, FL 33602 909 SE 1st Ave., Suite 500

[email protected] Miami, FL 33131

[email protected] Tel. 305-520-5104; Fax: 305-536-5129Email: [email protected] Email: [email protected]

Marion County Florida Sheriff Chris Blair, Marion County

Board of County Commissioners (BOCC) Email: [email protected]

Comm. Stan McClain, Chairman, District 3 Marion County Sheriff’s Office (MCSO)

Comm. Kathy Bryant, Vice Chair, Dist. 2 692 NW 30th Ave., Ocala, FL 34475

Comm. Carl Zalak, III, District 4 Tel. (352)732-8181, http://marionso.com/

Comm. David Moore, District 1 ATTN: Lt. Bill Sowder, Civil Division

Comm. Earl Arnett, District 5 Bailiff and Civil Process Services

Bill Kauffman, Interim Co. Administrator Email: [email protected]

Matthew Guy Minter, County AttorneyEmail: [email protected]

Oak Run Homeowners Association, Inc. Development & Construction Corporation of America,

c/o ORHA Board of Directors c/o Carol Olson, Vice President of Administration,

7480 SW Highway 200 and Secretary-Treasurer, for RA Priya Ghumman

Ocala, FL 34476 10983 SW 89 Avenue, Ocala, FL 34481

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


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Certificate of Service, May 8, 2015 (5thDCA) Appeal No. 5D15-0340

Appellant’s Amended Motion to Extend Time to Respond to Show Cause Order

2

Neil J. Gillespie and Mark Gillespie as Unknown Settlers/Beneficiaries Of

Co-Trustees Of The Gillespie Family The Gillespie Family Living Trust

Living Trust Agreement Dated Agreement Dated February 10, 1997

February 10, 1997 (The Trust was Terminated February 2, 2015)

(The Trust was Terminated Feb-02-2015) c/o Neil J. Gillespie

(Mark Gillespie resigned as co-trustee) 8092 SW 115th Loop8092 SW 115th Loop, Ocala, FL 34481 Ocala, Florida 34481


Mark Gillespie Unknown Trustees, Settlers And Beneficiaries

7504 Summer Meadows Drive Of Unknown Settlers/Beneficiaries Of The

Ft. Worth, TX 76123 Gillespie Family Living Trust Agreement

Email: [email protected] Dated February 10, 1997.

(The Trust was Terminated February 2, 2015)

Neil J. Gillespie c/o Neil J. Gillespie

8092 SW 115th Loop 8092 SW 115th Loop

Ocala, FL 34481 Ocala, Florida 34481Email: [email protected] Email: [email protected]

Unknown spouse of Mark Gillespie Unknown spouse of Elizabeth Bauerle

n/k/a Joetta Gillespie 6356 SW 106th Place

c/o Mark Gillespie Ocala, FL 34476

7504 Summer Meadows Drive c/o Mark Gillespie

Ft. Worth, TX 76123 Email: [email protected]

Email: [email protected]

Elizabeth Bauerle Unknown Tenant in Possession 1 and

n/k/a Elizabeth Bidwood Unknown Tenant in Possession 2c/o Mark Gillespie c/o Neil J. Gillespie


RESPECTFULLY SUBMITTED May 8, 2015.

NEIL J. GILLESPIE, individually, and as former The Gillespie Family Living Trust

Trustee, as provided by F.S. Ch. 736 Part III, Agreement Dated February 10, 1997

of the Terminated Gillespie Family Living Trust Was Terminated February 2, 2015.Agreement Dated February 10, 1997. A Certified Copy Of The Recorded

8092 SW 115th Loop Instrument Terminating The Trust

Ocala, Florida 34481 Is Attached Hereto As Recorded By

Phone: 352-854-7807 The Marion County Clerk & Comptroller

Email: [email protected] Book6161/Page1844, CFN#2015009748


10/11

Termination of the Gillespie Family Living Trust Agreement Dated February 10 1997

STATE

OF

FLORIDA

)

DAVID R

EllSPERM NN CLERK & COMPTROLLER

MARION

co

) SS.:

DATE: 02 03 2015 11 :55:32 AM

COUNTY OF MARION

)

FILE

#:

2015009748 OR BK 6161 PGS 1844-1845

FFID VIT

REC FEES: $18.50 INDEX FEES: $0.00

DDS: $0 MDS: $0 INT:

0

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly

sworn deposed upon oath as follows:

I.

My name is Neil J. Gillespie. I am over eighteen years

of

age. This affidavit is given

on

personal knowledge unless otherwise expressly stated.

2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10

1997 (hereinafter "Trust").

\

\

oeZ=

My Florida residential homestead property is the sole asset of the Trust, property address

"

8092

SW

115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I

have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.

7013-007-00 I, legal description:

Lot(s) ], Block G, OAK

RUN

WOODSIDE TRACT, according

to

the Plat thereof as

recorded

in

Plat Book 2 at Page(s)

106

through I]2 inclusive

of

the Public Records

of

Marion County, Florida.

4.

Pursuant to

my

authority as Trustee of the Trust, and acting in that capacity, I transferred

the remaining trust property to the beneficiary, myself, on January 14, 2015.

5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I hereby

terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V the Trust. The total fair

market value of the assets of the Trust is zero. The Trust served its intended purpose of

transferring the property to the beneficiary without going through probate.

6. Pursuant to Fla. Stat.

§

736.0414 Modification or tenn ination of uneconomic trust. (1)

After notice to the qualified beneficiaries, the trustee of a trust consisting of trust property

Book6161/Page1844

CFN#2015009748

Page 1 of 2


11/11

having a total value less than $50,000 may terminate the trust the trustee concludes that the

value o the trust. property

is

insufficient to justify the cost

o

administration.

FURTHER AFFIANT

SA

YETH

NOT,

The foregoing instrument was acknowledged before me, this 2nd day

o

February, 2015,

1=l--'bL

-

t i ~ u

SlD

o;tl

0

y

Neil J. Gillespie, who is personally known to me, or who has produced . as

. identification and· states that he is. the person who made this affidavit and that its c o ~ t e n t s are

truthful to the best

o

his knowledge, information and belief.

Notary Public State

of

Florida

(SEAL)

Angelica Cruz

My

Commission EE067986

Expires 02127 2015

~ ? J I s 2

Lr0L

NOTAR UBLIC

Print Na o Notary PublIc

My Commission Expires: 2 J ; ; J ; _ ~ = _._ _)5

2

appellant's amended motion to extend time

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