Appendix D, Petitioner Gillespie's Verified Rule 1.540 Motion To Vacate Final Order

Filing # 75228735 E-Filed 07/19/2018 04:00:24 PM
IN THE SUPREME COURT OF FLORIDA

STATE OF FLORIDA
NEIL J. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
GILLESPIE FAMILY LIVING
TRUST AGREEMENT,
Petitioner,
RECEIVED, 07/19/2018 04:03:26 PM, Clerk, Supreme Court
CASE NO.: SC17-1321

v. LT: 2013-CA-000115
Marion County Circuit Civil
REVERSE MORTGAGE
SOLUTIONS, INC.,
Respondent.
_________________________________/
PETITIONER GILLESPIE’S VERIFIED RULE 1.540 MOTION

TO VACATE FINAL ORDER
Petitioner Neil J. Gillespie, an indigent non-lawyer, unable to obtain
adequate counsel, a consumer of legal and court services affecting interstate
commerce, a consumer of personal, family and household goods and services,
consumer transactions in interstate commerce, a person with disabilities, and a
vulnerable adult, henceforth in the first person, reluctantly appears pro se, and files
Petitioner Gillespie’s Verified Rule 1.540 Motion To Vacate Final Order:
1. On July 18, 2017 this Court entered Acknowledgment of New Case (Exh. 1)
for my Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today.
APPENDIX D
PETITIONER GILLESPIE’S VERIFIED RULE 1.540 MOTION TO VACATE FINAL ORDER
2. The Acknowledgment of New Case (Exh. 1) wrongly states the following:
The Florida Supreme Court has received the following documents reflecting
a filing date of 7/18/2017.
[1] Motion to Proceed In Forma Pauperis
[2] Notice of Federal Civil Right Complaint with Appendix
[3] Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today
[4] Defendant’s Emergency Motion to Cancel Hearing July 18, 2017
[5] Defendant’s Notice of Filing U.S. Supreme Court Petition and Response
[6] Appellant’s Notice of Appeal received 03/27/2017 with Disposition Order
3. The forgoing in paragraph 2 is wrong because the Acknowledgment of New
Case (Exh. 1) only shows six (6) documents received with a filing date of
7/18/2017, when in fact my Emergency Petition to Cancel Non-Jury Trial 10:00
AM Today contained eleven (11) with a filing date of 7/18/2017.
4. My filings on July 18, 2017 in Florida Supreme Court Case No. SC17-1321,
LT: 2013-CA-000115, appear on the Notice of Service of Court Documents
automatically generated by the Portal; in 3 parts due to the filing size:
[1] EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00

AM TODAY Filing # 59132663 E-Filed 07/18/2017 07:24:12 AM
[2] APPENDIX A DEFENDANTS' EMERGENCY MOTION TO

CANCEL HEARING JULY 18, 2017
[3] APPENDIX B DEFENDANTS’ NOTICE OF FILING U.S.

SUPREME COURT PETITION AND RESPONSE
[4] APPENDIX 1 Order Dismissal Mar-31-2017, Notice

Appeal Mar-27-2017
2
[5] APPENDIX 2 NOTICE OF FILING FEDERAL CIVIL

RIGHTS COMPLAINT
[6] APPENDIX 3 US Supreme Court Clerk's reply letter Mr

Higgins Oct-19-2016
[7] APPENDIX 4 Affidavit of Neil Gillespie re Dr. Kassels

Jun-12-2017
[8] APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE

Traumatic Brain Injury (TBI)
[9] APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM

AGE LIMITS
[10] APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE -

DEFENSES AND CLAIMS IN RECOUPMENT
[11] MOTION TO PROCEED IN FORMA PAUPERIS
5. The Notice of Service of Court Documents in SC17-1321 appear as
Exhibit 2, Notice of Service of Court Documents, Part 1 of 3

6. The Acknowledgment of New Case (Exh. 1) also asserts this falsehood:
The above listed petition has been treated as a Petition for Writ of
Prohibition with Appendices
Nothing in the petition could be competently called a “Petition for Writ of
Prohibition”. Instead, I filed an Emergency Petition for Temporary Injunction
(Rule 1.610(a), Fla R Civ Pro), although not enumerated as such. Article V,
Section 2(a), Fla. Const., has a requirement that no cause shall be dismissed
3
because an improper remedy has been sought. Therefore, my pleading filed below
sought a Temporary Injunction. (Rule 1.610(a), Fla R Civ Pro).
EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10.00 AM TODAY

Filing # 59132663 E-Filed 07/18/2017 07:24:12 AM
My Emergency Petition was supported by 9 Appendices, including 4
Affidavits, including,
Appendix A - Defendants’ Emergency Motion to Cancel Hearing July 18, 2017

Appendix B - Defendants’ Notice of Filing U.S. Supreme Court Petition and
Response.
Appendix 1 Order Dismissal Mar-31-2017, Notice Appeal Mar-27-2017
Appendix 2 Notice of Filing Federal Civil Rights Complaint
Appendix 3 US Supreme Court Clerk's reply letter Mr Higgins Oct-19-2016
Appendix 4 Affidavit of Neil Gillespie re Dr. Kassels Jun-12-2017
Appendix 5, Affidavit of Neil J Gillespie of Traumatic Brain Injury (TBI)
Appendix 6 Affidavit of Neil J Gillespie HECM Age Limits
Appendix 7 Affidavit of Neil J Gillespie - Defenses and Claims In Recoupment
7. On July 18, 2017 this Court entered a transfer order (Exh. 5) for my
Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today that sought
injunctive relief, transferring it to the Fifth District Court of Appeal.
The order begins,
Petitioner has submitted an “Emergency Petition to Cancel Non-Jury Trial

10:00 AM Today,” which this Court has treated as a petition for writ of
prohibition. The petition for writ of prohibition is hereby transferred,
pursuant to Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fifth
District Court of Appeal.
The order acknowledges the case is not a petition for writ of prohibition:
The transfer of this case should not be construed as an adjudication or
4
comment on the merits of the petition, nor as a determination that the

transferee court has jurisdiction or that the petition has been properly
denominated as a petition for writ of prohibition. The transferee court should
not interpret the transfer of this case as an indication that it must or should
reach the merits of the petition. The transferee court shall treat the petition as
if it had been originally filed there on the date it was filed in this Court and
is instructed to consider expediting the petition as it appears to be time
sensitive based upon the allegations; however, a determination to expedite
consideration is at the discretion of the transferee court. Any determination
concerning whether a filing fee shall be applicable to this case shall be made
by the transferee court. Any and all pending motions in this case are hereby
deferred to the transferee court.
8. The order at Exhibit 5 is a fraud by the Court. Insofar as the transferee court
has disposed of the case, I believe it is proper to address this Court’s fraud here,
because the 5thDCA does not have jurisdiction over the Florida Supreme Court.
9. Florida Rule of Civil Procedure 1.540 affords relief from a Final Judgment
due to the following: (1) Mistake, inadvertence, surprise, or excusable neglect; (2)
newly discovered evidence which by due diligence could not have been discovered
in time to move for a new trial or rehearing; (3) fraud (whether heretofore
denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an
adverse party; (4) that the judgment or decree is void or (5) that the judgment or
decree has been satisfied, released, or discharged, or a prior judgment or decree
upon which it is based has been reversed or otherwise vacated, or it is no longer
equitable that the judgment or decree should have prospective application.
5
10. The Supreme Court of Florida has engaged in fraud as set forth above to
benefit adverse parties that include the Plaintiff, the Plaintiff’s counsel, and
unnamed adverse parties including The Florida Bar and trial Judge Ann Craggs.
11. The Court lacked jurisdiction to falsify the Acknowledgment of New Case
(Exh. 1) as showing six (6) documents received with a filing date of 7/18/2017,
when in fact my Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today
contained eleven (11) documents with a filing date of 7/18/2017.
12. The Court lacked jurisdiction to falsify the Acknowledgment of New Case
(Exh. 1) to show a Petition for a Temporary Injunction treated as a Petition for
Writ of Prohibition with Appendices.
13. The Court lacked jurisdiction to falsify the transfer order (Exh. 5) to show a
Petition for a Temporary Injunction treated as a Petition for Writ of Prohibition
with Appendices.
14. A judgment is void, as a matter of law, where the Court rendering the
judgment lacked jurisdiction, or where a party lacked proper notice that the other
party applied to the Court for a Final Judgment. Windell v. Dorr, 497 SO.2d 940
(Fla. 1st DCA 1986).
15. Because the Court lacked jurisdiction in falsifying its orders to benefit
adverse parties, the rulings are void.
6
16. Furthermore, Rule 1.540 (b) (4) specifically provides for relief from a void
Final Judgment. On a proper motion, a trial court must set aside a void judgment,
and Florida Courts have routinely held that a trial court has no discretion and is
obligated to vacate such a judgment. See Horton v. Rodriguez Espaillat Y
Asoci£ldos, 926 So.2d. 436 (Fla. 3rd DCA 2006).
17. Here, the Florida Supreme Court was a court of first impression, and did not
act as court of review, making proper a comparison to a trial court.
18. The Notice of Service of Court Documents in SC17-1321 show the
following E-service recipients selected for service:
Neil J. Gillespie
Curtis Wilson
Honorable Ann Melinda Craggs
19. Judge Craggs was served Court Documents in SC17-1321 on 07/18/2017 at
07:24 AM, well before the 10:00 AM non-jury trial.
20. On July 18, 2017 at 10:00 AM a non-jury foreclosure trial was held in this
case. Judge Craggs presided. Attorney Curtis Wilson of McCalla Raymer Leibert
Pierce LLC represented the Plaintiff. I am a nonlawyer and represented myself pro
se for my interests.
21. This is a contested residential foreclosure of my Florida homestead on a
federal Home Equity Conversion Mortgage [12 USC § 1715z–20; 24 CFR Part
206] also called a HECM reverse mortgage.
7
22. During the non-jury trial Judge Craggs acknowledged having possession of
my documents, which was my evidence in the foreclosure.
23. During the non-jury foreclosure trial, and prior to its conclusion, I became
incapacitated and was transported to the hospital by ambulance called by the
Marion County Sheriff’s Office, see paragraph 2,
NOTICE OF FILING AFFIDAVIT OF NEIL J. GILLESPIE NON-JURY TRIAL

JUL-18-2017 Filing # 59657736 E-Filed 07/28/2017 12:51:51 PM
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.
24. Judge Craggs continued the trial without me and failed to place my
documents in evidence. Judge Craggs then ruled for the Plaintiff.
25. Paragraphs 7 through 13 in FSC No. SC17-1321, LT: 2013-CA-000115,
Emergency Petition To Cancel Non-Jury Trial 10:00 AM Today, shows my
argument for the non-jury foreclosure trial included:
7. Judge Craggs is fond of beginning each Order with a date count. The
Order appearing at Exhibit 1 begins “A. This case has been pending for
1,647 days.”
8. Pursuant to Fla. R. Jud. Admin. 2.250(a)(1)(B), the Trial Court Time

Standards for Non-jury cases is 12 months (filing to final disposition).
9. This case should have ended in 48 days, on February 26, 2013, with a
Rule 55 Default Judgment in my favor after this case was removed February
4, 2013 to U.S. District Court, Ocala Division, Middle District Florida, No.
8
5:13-cv-00058-WTH-PRL, but for misconduct between federal judicial

officers and Plaintiff’s counsel Danielle Nicole Parsons, Bar ID: 29364.
10. The Florida Bar failed to competently complete its inquiry in Danielle
Nicole Parsons, The Florida Bar File No. 2014-30,525 (9A).
11. The Non-Jury trial is set for two hours, which is far beyond my ability to
attend due to disability, including:
AFFIDAVIT OF NEIL J. GILLESPIE re Dunnellon PO_FIRE-RESCUE (Exhibit 3)

Type 2 adult-onset diabetes (Exhibit 2)
Post-traumatic Stress Disorder (PTSD) etc. (Appendix 4)
Traumatic Brain Injury (TBI) Appendix 5
APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE Traumatic Brain injury (TBI)
12. The Preface to the June 21, 2017 Fannie Mae Single-Family Reverse
Mortgage Servicing Manual appears at Exhibit 4 with the cover page, and
states:
For HECM loans, the servicer must follow all applicable requirements
of the HECM program found in the Department of Housing and Urban
Development (HUD) Handbook 4235.1 REV-1: Home Equity
Conversion Mortgages, Handbook 4330.1 REV-5: Administration of
Insured Home Mortgages, all related HUD Mortgagee Letters, and all
other guidance provided by HUD. This Manual includes requirements
for HECMs that Fannie Mae imposes as a result of its purchase and
securitization of those mortgage loans and is not intended to
contradict HUD’s requirements. In the event that this Manual and
guidance provided by HUD are conflicting, the
servicer must follow HUD’s requirements.
13. The HUD Reverse Mortgage Handbook 4235.1 REV·1 Sections 4·4, 4-5,
4-6 appear at Exhibit 5 and state in part:
4-4 A. The borrower's age. All borrowers must be at least 62 years old
when they sign the Uniform Residential Loan Application (URLA)
and the HUD/VA Addendum (Form HUD 92900-A). The lender
should request evidence of the ages of all borrowers, and accept all
reasonable forms of evidence.
9
On June 5, 2008 HECM borrower Penelope Gillespie was age 77; Neil
Gillespie was age 52; and Mark Gillespie was age 49, see
APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM AGE LIMITS
4-5 A. Conditions for Origination in the Name of a Living Trust.

1) All beneficiaries of the trust must be eligible HECM
borrowers at the time of origination and until the mortgage
is released [i.e. borrower/beneficiary must occupy the
property as a principal residence and new beneficiaries may
not be added to the trust].
3) The trust shall not be a party to the Loan Agreement. The

borrower/beneficiary may issue instructions to the lender to
permit the trustee to exercise one or more rights stated in
the Loan Agreement on behalf of the beneficiary; i.e. the
right to receive loan advances or to request changes in the
payment plan.
B. Transfer of the Property Into or From a Trust.
2) If the trust is terminated, or the property is otherwise

transferred from an eligible trust holding the property, the
mortgage will not become due and payable, provided that one
or more of the original borrowers who signed the Note and
Loan Agreement continue to occupy the property as a
principal residence and continue to retain title to the
property in fee simple or on a leasehold interest as set
forth in 24 CFR Section 206.45(a).
4-6 POWER OF ATTORNEY AND CONSERVATORSHIP GUIDELINES.

The following guidelines apply to all phases of HECM loan processing:
2) Borrowers lacking legal competency:
a. Incompetent borrower may not sign the mortgage loan
application.
10
My mother Penelope Gillespie was incompetent (Alzheimer’s Disease) when

she signed the mortgage loan application, the bank did not care, it wanted
$$$$$$, see,
APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE - DEFENSES AND

CLAIMS IN RECOUPMENT
26. Therefore, the Temporary Injunction should have been granted. Instead, the
Temporary Injunction was knowingly and wrongly treated as a petition for writ of
prohibition. Therefore, the Fla. Supreme Court engaged in fraud upon the court.
Fraud upon the court is an egregious offense against the integrity of the
judicial system and is more than a simple assertion of facts in a pleading
which might later fail for lack of proof. Wells Fargo Bank, N.A. v. Reeves,
92 So. 3d 249, 252 (Fla. 1st DCA 2012).
The integrity of the civil litigation process depends on truthful disclosure of

facts. A system that depends on an adversary's ability to uncover falsehoods
is doomed to failure, which is why this kind of conduct must be discouraged
in the strongest possible way. . . . This is an area where the trial court is and
should be vested with discretion to fashion the apt remedy.” Cox v. Burke,
706 So. 2d 43, 47 (Fla. 5th DCA 1998).
27. Because the Temporary Injunction was not granted, I suffered physical
injury requiring transport by ambulance to the hospital during the non-jury
foreclosure trial, but prior to the end of the trial.
28. Because the Temporary Injunction was not granted, I also suffered a loss of
due process in the non-jury foreclosure trial, when Judge Craggs continued the trial
without me resulting in a Final Judgment of Foreclosure entered July 18, 2017.
11
WHEREFORE, I move under Rule 1.540 to vacate the a Final Judgment of
Foreclosure entered July 18, 2017.
RESPECTFULLY SUBMITTED, July 19, 2018.
Neil J. Gillespie, individually, and former Trustee,

F.S. Ch. 736 Part III, of the Terminated Trust
8092 SW 115th Loop Tel. 352-854-7807
Ocala, Florida 34481 Email: neilgillespie@mfi.net
Appendix: NOTICE OF FILING AFFIDAVIT OF NEIL J. GILLESPIE NON-

JURY TRIAL JUL-18-2017, Filing # 59657736 E-Filed 07/28/2017 12:51:51 PM
Appendix: DEFENDANT NEIL J. GILLESPIE'S VERIFIED NOTICE TO

CLERK ELLSPERMANN THE CLERK’S FORECLOSURE EVIDENCE LIST
IS WRONG, Filing # 75177038 E-Filed 07/18/2018 11:00:08 PM
VERIFICATION OF NEIL J. GILLESPIE

F.S. § 92.525(2) Verification of documents
Under penalties of perjury, I declare that I have read the foregoing document
and that the facts stated in it are true. Date: July 19, 2018.
Neil J. Gillespie
I HEREBY CERTIFY the names below were served July 19, 2018 on the Portal.
Hon. Ann Melinda Craggs Hon. David R. Ellspermann, Clerk

amcraggs@circuit5.org Ellspermann@marioncountyclerk.org
Curtis Wilson, Esq., Bar No.: 77669 Justin R. Infurna, Esq., LL.M
McCalla Raymer Leibert Pierce, LLC The Infurna Law Firm, P.A.
MRService@mrpllc.com justin@infurnalaw.com
MRService@mccalla.com justininfurna@gmail.com
12
Filing # 59135349 E-Filed 07/18/2017 09:00:15 AM
Supreme Court of Florida

Office of the Clerk
500 South Duval Street
Tallahassee, Florida 32399-1927
JOHN A. TOMASINO PHONE NUMBER: (850) 488-0125
CLERK www.floridasupremecourt.org
MARK CLAYTON
CHIEF DEPUTY CLERK
KRISTINA SAMUELS
STAFF ATTORNEY
ACKNOWLEDGMENT OF NEW CASE
July 18, 2017
RE: NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE

SOLUTIONS, INC.
CASE NUMBER: SC17-1321

Lower Tribunal Case Number(s): 422013CA000115CAAXXX
The Florida Supreme Court has received the following documents reflecting a filing
date of 7/18/2017.
Motion to Proceed In Forma Pauperis

Notice of Federal Civil Right Complaint with Appendix
Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today
Defendant’s Emergency Motion to Cancel Hearing July 18, 2017
Defendant’s Notice of Filing U.S. Supreme Court Petition and Response
Appellant’s Notice of Appeal received 03/27/2017 with Disposition Order
The above listed petition has been treated as a Petition for Writ of Prohibition with
Appendices.
The Florida Supreme Court's case number must be utilized on all pleadings and
correspondence filed in this cause.
tr
cc: 1
CASE NO.: SC17-1321
Page Two
CURTIS ALAN WILSON

NEIL J. GILLESPIE
HON. DAVID R. ELLSPERMANN, CLERK
Page 1 of 3
Neil Gillespie
From: <eservice@myflcourtaccess.com>
Sent: Tuesday, July 18, 2017 7:24 AM
Attach: Other Motion Not Listed.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To Brief.pdf; Attachment To Brief - Pages 1 to 79.pdf
Subject: SERVICE OF COURT DOCUMENT - CASE NUMBER NEW CASE - Part 1 of 3
Notice of Service of Court Documents
Filing Information
Filing #: 59132663
Filing Time: 07/18/2017 07:24:12 AM ET
Filer: Neil J. Gillespie 352-854-7807
Court: The Supreme Court of Florida
Case #: NEW CASE
Court Case #: NEW CASE
Case Style: Neil J Gillespie VS. Curtis Wilson
Documents
Title File
EMERGENCY PETITION TO CANCEL NON-JURY TRIAL

Other Motion Not Listed
10.00 AM TODAY.pdf
APPENDIX A DEFENDANTS' EMERGENCY MOTION TO

Appendix/Attachment To Brief
CANCEL HEARING JULY 18, 2017.pdf
APPENDIX B DEFENDANTS’ NOTICE OF FILING U.S.

SUPREME COURT PETITION AND RESPONSE.pdf
APPENDIX 1 Order Dismissal Mar-31-2017, Notice

Appeal Mar-27-2017.pdf
APPENDIX 2 NOTICE OF FILING FEDERAL CIVIL

RIGHTS COMPLAINT.pdf
APPENDIX 3 US Supreme Court Clerk's reply letter Mr

Higgins Oct-19-2016.pdf
APPENDIX 4 Affidavit of Neil Gillespie re Dr. Kassels

Jun-12-2017.pdf
2 7/19/2017
Page 2 of 3
APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE

Traumatic Brain Injury (TBI).pdf
APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM

AGE LIMITS.pdf
APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE -

DEFENSES AND CLAIMS IN RECOUPMENT.pdf
Other Motion Not Listed MOTION TO PROCEED IN FORMA PAUPERIS.pdf
E-service recipients selected for service:
Name Email Address
Neil J. Gillespie neilgillespie@mfi.net
Curtis Wilson MRService@mrpllc.com
MRService@mccalla.com
Honorable Ann Melinda amcraggs@circuit5.org

Craggs
E-service recipients deselected for service:
Name Email Address
No Matching Entries
This is an automatic email message generated by the Florida Courts E-Filing Portal. This email address does not
7/19/2017
Page 3 of 3
receive email.
Thank you,
The Florida Courts E-Filing Portal
7/19/2017
Page 1 of 3
Neil Gillespie
Attach: Attachment To Brief - Pages 80 to 117.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To Brief.pdf; Attachment To Brief -
Pages 1 to 21.pdf
Filing Information
Filing #: 59132663
Filing Time: 07/18/2017 07:24:12 AM ET
Case #: NEW CASE
Documents
Title File

10.00 AM TODAY.pdf






Jun-12-2017.pdf
3 7/19/2017
Page 2 of 3


AGE LIMITS.pdf

Name Email Address

Craggs
Name Email Address
No Matching Entries
7/19/2017
Page 3 of 3
receive email.
Thank you,
7/19/2017
Page 1 of 3
Neil Gillespie
Attach: Attachment To Brief - Pages 22 to 22.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To Brief.pdf; Appendix_Attachment To
Brief.pdf; Other Motion Not Listed.pdf
Filing Information
Filing #: 59132663
Filing Time: 07/18/2017 07:24:12 AM ET
Case #: NEW CASE
Documents
Title File

10.00 AM TODAY.pdf






Jun-12-2017.pdf
4 7/19/2017
Page 2 of 3


AGE LIMITS.pdf

Name Email Address

Craggs
Name Email Address
No Matching Entries
7/19/2017
Page 3 of 3
receive email.
Thank you,
7/19/2017
Filing # 59186225 E-Filed 07/18/2017 04:31:32 PM
Supreme Court of Florida

TUESDAY, JULY 18, 2017
CASE NO.: SC17-1321

Lower Tribunal No(s).:
422013CA000115CAAXXX
NEIL J. GILLESPIE, ETC. vs. REVERSE MORTGAGE SOLUTIONS, INC.
Petitioner(s) Respondent(s)
Petitioner has submitted an “Emergency Petition to Cancel Non-Jury Trial
10:00 AM Today,” which this Court has treated as a petition for writ of
prohibition. The petition for writ of prohibition is hereby transferred, pursuant to
Harvard v. Singletary, 733 So. 2d 1020 (Fla. 1999), to the Fifth District Court of
Appeal. The transfer of this case should not be construed as an adjudication or
comment on the merits of the petition, nor as a determination that the transferee
court has jurisdiction or that the petition has been properly denominated as a
petition for writ of prohibition. The transferee court should not interpret the
transfer of this case as an indication that it must or should reach the merits of the
petition. The transferee court shall treat the petition as if it had been originally
filed there on the date it was filed in this Court and is instructed to consider
expediting the petition as it appears to be time sensitive based upon the
allegations; however, a determination to expedite consideration is at the discretion
5
CASE NO.: SC17-1321
Page Two
of the transferee court. Any determination concerning whether a filing fee shall be
applicable to this case shall be made by the transferee court. Any and all pending
motions in this case are hereby deferred to the transferee court.
Any future pleadings filed regarding this case should be filed in the above
mentioned district court at 300 South Beach Street, Daytona Beach, Florida 32114.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND,
IF FILED, DETERMINED.
A True Copy
Test:
two
Served:
CURTIS ALAN WILSON

NEIL J. GILLESPIE
HON. JOANNE P. SIMMONS, CLERK
HON. DAVID R. ELLSPERMANN, CLERK

Appendix D, Petitioner Gillespie's Verified Rule 1.540 Motion To Vacate Final Order

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Appendix D, Petitioner Gillespie's Verified Rule 1.540 Motion To Vacate Final Order

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Filing # 75228735 E-Filed 07/19/2018 04:00:24 PM

IN THE SUPREME COURT OF FLORIDA

CASE NO.: SC17-1321

PETITIONER GILLESPIE’S VERIFIED RULE 1.540 MOTION

Petitioner Neil J. Gillespie, an indigent non-lawyer, unable to obtain

adequate counsel, a consumer of legal and court services affecting interstate

commerce, a consumer of personal, family and household goods and services,

consumer transactions in interstate commerce, a person with disabilities, and a

Petitioner Gillespie’s Verified Rule 1.540 Motion To Vacate Final Order:

for my Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today.

2. The Acknowledgment of New Case (Exh. 1) wrongly states the following:

3. The forgoing in paragraph 2 is wrong because the Acknowledgment of New

7/18/2017, when in fact my Emergency Petition to Cancel Non-Jury Trial 10:00

AM Today contained eleven (11) with a filing date of 7/18/2017.

LT: 2013-CA-000115, appear on the Notice of Service of Court Documents

automatically generated by the Portal; in 3 parts due to the filing size:

[1] EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10:00

[2] APPENDIX A DEFENDANTS' EMERGENCY MOTION TO

[3] APPENDIX B DEFENDANTS’ NOTICE OF FILING U.S.

[4] APPENDIX 1 Order Dismissal Mar-31-2017, Notice

[5] APPENDIX 2 NOTICE OF FILING FEDERAL CIVIL

[6] APPENDIX 3 US Supreme Court Clerk's reply letter Mr

[7] APPENDIX 4 Affidavit of Neil Gillespie re Dr. Kassels

[8] APPENDIX 5, AFFIDAVIT OF NEIL J GILLESPIE

[9] APPENDIX 6 AFFIDAVIT OF NEIL J. GILLESPIE_HECM

[10] APPENDIX 7 AFFIDAVIT OF NEIL J. GILLESPIE -

[11] MOTION TO PROCEED IN FORMA PAUPERIS

5. The Notice of Service of Court Documents in SC17-1321 appear as

Exhibit 2, Notice of Service of Court Documents, Part 1 of 3

6. The Acknowledgment of New Case (Exh. 1) also asserts this falsehood:

Nothing in the petition could be competently called a “Petition for Writ of

Prohibition”. Instead, I filed an Emergency Petition for Temporary Injunction

sought a Temporary Injunction. (Rule 1.610(a), Fla R Civ Pro).

EMERGENCY PETITION TO CANCEL NON-JURY TRIAL 10.00 AM TODAY

My Emergency Petition was supported by 9 Appendices, including 4

Appendix A - Defendants’ Emergency Motion to Cancel Hearing July 18, 2017

Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today that sought

injunctive relief, transferring it to the Fifth District Court of Appeal.

The order begins,

Petitioner has submitted an “Emergency Petition to Cancel Non-Jury Trial

The transfer of this case should not be construed as an adjudication or

comment on the merits of the petition, nor as a determination that the

denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an

decree has been satisfied, released, or discharged, or a prior judgment or decree

upon which it is based has been reversed or otherwise vacated, or it is no longer

equitable that the judgment or decree should have prospective application.

when in fact my Emergency Petition to Cancel Non-Jury Trial 10:00 AM Today

contained eleven (11) documents with a filing date of 7/18/2017.

(Exh. 1) to show a Petition for a Temporary Injunction treated as a Petition for

Writ of Prohibition with Appendices.

Petition for a Temporary Injunction treated as a Petition for Writ of Prohibition

(Fla. 1st DCA 1986).

adverse parties, the rulings are void.

obligated to vacate such a judgment. See Horton v. Rodriguez Espaillat Y

Asoci£ldos, 926 So.2d. 436 (Fla. 3rd DCA 2006).

act as court of review, making proper a comparison to a trial court.

18. The Notice of Service of Court Documents in SC17-1321 show the

following E-service recipients selected for service:

19. Judge Craggs was served Court Documents in SC17-1321 on 07/18/2017 at

07:24 AM, well before the 10:00 AM non-jury trial.

21. This is a contested residential foreclosure of my Florida homestead on a

206] also called a HECM reverse mortgage.

my documents, which was my evidence in the foreclosure.