VIA V.P.S. No. lZ64589FP293714825 Hon. James R.

Birkhold, Clerk of Court The Second District Court of Appeal 1005 E. Memorial Blvd. Lakeland, FL 33801

September 27, 2013

RE: Application For Order - Rule 2.430(g), Fla.R.Jud.Admin.

Neil J. Gillespie vs. Barker, Rodems & Cook, PA, et al.
Appellate Case No.: 2DI0-5197; Lower Court Case No. 05-CA-007205
Dear Clerk Birkhold: Please find enclosed for filing nlY Application For Order, Rule 2.430(g), Fla.R.Jud.Admin. All parties shown on the certificate of service were provided a copy of this application. I am in receipt of "By Order Of The Court" dated September 20, 2013 stating in part: Neil Gillespie's motion to surrender files is denied without prejudice to the filing of a public records requests under Chapter 119, Florida Statutes. I now believe my motion to surrender files was not the correct pleading under Rule 2.430(g). Instead the proper pleading is an Application for Order which is enclosed, and is directed only to Appellate Case No. 2DI0-5197. Please advise if any other appellate case shown in the motion has not been destroyed or is otherwise available. A copy of this Court's September 20, 2013 "By Order Of The Court" is enclosed. I note the following about this paper, or order, I am not sure what to call this document. 1. The paper or order is not signed by a judge. 2. The paper does not state a reason for denial. In the absence of a reason I conclude something else is going on, and such denial may be a violation of my civil rights and/or disability rights. 3. The order cites to Chapter 119 Florida Statutes, the public records law. Thus, the paper does not appear applicable to the surrender of a case file under Rule 2.430(g), Fla.R.Jud.Admin. 4. I believe case files of the Second District Court of Appeal are judicial branch records, Rule 2.420(b)(I)(A). I do not believe judicial branch records are public records under Chapter 119. 5. The paper or order does not address the status of records that may have been destroyed. 6. The paper or order does not address the cost of the records. I am indigent and cannot pay the cost of records as provided by Chapter 119 Florida Statutes. The Hillsborough Clerk charges $1.00 per page. What does this Court charge for providing records?

Hon. James R. Birkhold, Clerk of Court The Second District Court of Appeal

September 27, 2013 Page - 2

7. Under Rule 2.430(g) it appears that my "motion to surrender files" was not appropriate. I got that terminology from Mr. Hall, Clerk of the Florida Supreme Court. Rule 2.430(g) provides that an "applicant" may "apply" to the court for an order requiring the clerk to deliver to the applicant the court records that are to be destroyed or disposed of. (g) Disposition Other Than Destruction. Before destruction or disposition of court records under this rule, any person may apply to the court for an order requiring the clerk to deliver to the applicant the court records that are to be destroyed or disposed of: All parties shall be given notice of the application. The court shall dispose of that court record as appropriate. Therefore that distinction appears to be the basis for the denial of my "motion" to surrender files. Otherwise the Court's provision of public record copies under Chapter 119 is materially different from the delivery of court records that are to be destroyed or disposed of. These are two very different operations. I do not see how this Court's substitution of one for the other is appropriate. 8. Kindly identify the records custodian ofjudicial branch records for the Second District Court of Appeal, the nanle and contact address for the records custodian. 9. If this matter becomes adversarial I will need a disability accommodation to participate in this Court's proceedings, services, programs, or activities. I am disabled with mental and physical impairments. I may also need a guardian ad litem. Kindly provide the necessary forms.

Ne J. 11 pie 80 2 SW 115th Loop Ocala, Florida 34481 cc: Hon. Pat Frank, Clerk of Circuit Court
Ryan Christopher Rodems, Esq., Barker, Rodems & Cook, P.A.
Enclosures: Application For Order; "By Order Of The Court" dated September 20, 2013

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA

SECOND DISTRICT, POST OFFICE BOX 327, LAKELAND, FL 33802-0327

September 20, 2013

NOT CONSOLIDATED

CASE NO.: 2011-2127 CASE NO.: 2010-5529 CASE NO.: 2010-5197 CASE NO.: 2008-2224 CASE NO.: 2007-4530 CASE NO.: 2006-3803
L.T. No. : 05-CA-007205 Neil J. Gillespie

v.

Barker, Rodems & Cook, P A & William J. Cook Appellee I Respondent(s).

Appellant I Petitioner(s),

BY ORDER OF THE COURT:

Neil Gillespie's motion to surrender files is denied without prejudice to the filing of a public records requests under Chapter 119, Florida Statutes. I HEREBY CERTIFY that the foregoing is a true copy of the original court order.

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

James Birkhold Clerk

SECOND DISTRICT COURT OF APPEAL

STATE OF FLORIDA

NEIL J. GILLESPIE
Plaintiff/Counter Defendant, vs. BARKER, RODEMS & COOK, P.A. and WILLIAM J. COOK, Defendants/Counter Plaintiffs. Appellate Case: 2D 10-5197 Lower Tribunal Case: 05-CA-7205

- - - - - - - - - - - - - - - - -/
APPLICATION FOR ORDER Applicant Neil J. Gillespie (hereinafter "Applicant"), reluctantly appearing pro se due to indigence and/or insolvency, applies to the Second District Court of Appeal pursuant to Rule 2.430(g), Fla.R.Jud.Admin., for an Order requiring the clerk to deliver to the applicant the court records in Appellate Case No.: 2DI0-5197 that are to be destroyed or disposed of. Rule 2.430(g), Fla.R.Jud.Admin.: (g) Disposition Other Than Destruction. Before destruction or disposition of court records under this rule, any person may apply to the court for an order requiring the clerk to deliver to the applicant the court records that are to be destroyed or disposed of. All parties shall be given notice of the application. The court shall dispose of that court record as appropriate. All parties shown on the certificate of service were provided a copy of this application. RESPECFULLY SUBMITTED September 27,
201~
",.,..-

Certificate of Service I certify that the Application For Order in Appellate Case No. 2D10-5197 was provided September 27, 2013 to: HaN. JAMES BIRKHOLD
Clerk of the Second District Court of Appeal
1005 E. Memorial Blvd.
Lakeland, FL 33801
VIA U.P.S. No. 1Z64589FP293714825
I certify that a copy hereof has been furnished to each of the following: HaN. PAT FRANK, Clerk of Circuit Court
County Center
601 E. Kennedy Blvd.
Tampa, FL 33602
VIA U.P.S. No. 1Z64589FP291209232
Ryan Christopher Rodems
Barker, Rodems & Cook, P.A.
501 E Kennedy Blvd. Suite 790
Tampa, Florida 33602-5258
VIA U.P.S. No. 1Z64589FP290126047
RESPECTFULLY SUBMITTED September 27, 2013.