IN THE DISTRICT COURT OF APPEAL

FOR THE STATE OF FLORIDA

SECOND DISTRICT
NEIL J. GILLESPIE
AppellantlPetitioner,
Case No.: 2DIO-5529
vs.
L.T. No. 05-CA-007205
BARKER, RODEMS & COOK, P.A.,
a Florida corporation; and WILLIAM
J. COOK;
CIRCillT COURT JUDGE MARTHA J. COOK,
DefendantslRespondent.
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RESPONSE AND SUGGESTION OF MOOTNESS TO PETITIONER'S "VERIFIED
EMERGENCY PETITION FOR WRIT OF PROIDBITION"
On November 18, 2010, Petitioner Neil J. Gillespie filed his "Verified Emergency
Petition for Writ of Prohibition Motion for Order of Protection," seeking an Order from this
Court prohibiting Circuit Judge Martha J. Cook from presiding over the case below. He also
moved for an Order prohibiting the Circuit Court fronl issuing a writ of bodily attachment.
That same day, Judge Cook entered tIle "Sua Sponte Order to Recuse Assigned Judge," a
true and correct copy of which is attached. Therefore, Petitioner's petition for writ of
prohibition is moot. To the extent Petitioner "moves for an Order of Protection against a writ of
bodily attachnlent," (Verified Emergency Petition at 34)(emphasis in original), the motion should
be denied because no writ of bodily attachment has been issued.
1
Petitioner's apprehension that
he may face further consequences for his continuing contempt of court is not one of the
1 There is pending below a motion for an Order to Show Cause because Petitioner has
contumaciously disregarded several Orders requiring him to be deposed.
extraordinary circumstances which provides this Court with jurisdiction to grant him the relief he
has requested.
Respectfully submitted this 23
rd
day of No emb ,
stopher Rodems,
Florid ar No. 947652
Barker, Rodems & Cook, P.A.
400 North Ashley Drive, Suite 2100
Tampa, Florida 33602
Telephone: 813/489-1001
Facsimile: . 813/489-1008
Attorney for Barker, Rodems &
Cook, P.A., and William J. Cook
CERTIFICATE OF SERVICE
2
., ,
F
IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL CIRCUIT
IN AND FOR HILLSBOROUGH COUNTY, FLORIDA
CNIL LAW DNISION
NEIL J. GILLESPIE,
Plaintiff, Case No: OS-CA-00720S
Division: G
and
BARKER, RODEMS & COOK, P.A.,
A Florida Corporation, and
WILLIAM J. COOK,
Defendants.
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SUA SPONTE ORDER TO RECUSE ASSIGNED ,JUDGE
Pursuant to Rule of Judicial Administration 2.330(i), it is ORDERED AND
ADJUDGED that the undersigned hereby recuses herself from further hearing of this cause.
The Clerk of the Court is DIRECTED TO RE-ASSIGN the matter to another division under the
blind filing system that is presently in effect in this Circuit.
DONE AND ORDERED in Chambers at Tampa, Hillsborough County, Florida, on
November __, 2010.
OR\G\NAl S\GNEO
---NOY , S10\0
Martha J.
CIRCUIT
Copies Furnished To:
Neil J. Gillespie, pro se (Plaintiff)
8092 SW IISth Loop
Ocala, FL 34481
Ryan Christopher Rodems, Esq. (for Defendants)
400 North Ashley Drive, Ste. 2100
Tampa, FL 33602