IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL

CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL LAW DIVISION

CASE NO. 05-CA-007205

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NEIL J. GILLESPIE,
Plaintiff,

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BARKER, RODEMS & COOK, P.A.
A Florida Corporation, and
WILLIAM J. COOK,

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Defendants.

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BEFORE:

THE HONORABLE MARTHA J. COOK

PLACE:

Hillsborough County Courthouse
800 East Twiggs Street
Tampa, Florida 33602

DATE:

September 28, 2010

TIME:

11:04 a.m. - 11:28 a.m.

REPORTED BY:

Robbie E. Darling

Court Reporter

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DEFENDANTS' MOTION FOR FINAL SUMMARY JUDGMENT;

CORRECTED TRANSCRIPT

Pages 1 - 26
DEMPSTER, BERRYHILL & ASSOCIATES
1875 NORTH BELCHER ROAD, SUITE 102
CLEARWATER, FLORIDA 33765
(727) 725-9157

ORIGINAL

2

APPEARANCES

RYAN CHRISTOPHER RODEMS, ESQUIRE

Barker, Rodems & Cook, P.A.
400 North Ashley Drive, Suite 2100
Tampa, Florida 33602
Attorney for Defendants
NEIL GILLESPIE
Pro Se

3

1
2

PROCEEDINGS

THE COURT:

Good morning, folks.

All

3

right.

4

for Final Summary Judgment -- or, Motion for

5

Summary Judgment filed by the defendant; is

6

that correct?

7

8
9

I believe we're here today on a Motion

MR. RODEMS:

Yes, Your Honor.

There is

two other matters as well.
THE COURT:

Well, let's address the one

10

that has been scheduled first, which is the

11

Motion for Summary Judgment.

12

MR. GILLESPIE:

13

THE COURT:

Your Honor

Please be seated.

14

don't need to stand to argue.

15

Please be seated.

16

MR. GILLESPIE:

Folks, you

Both of you.

Your Honor, this morning I

17

filed a federal lawsuit against you.

18

complaint here if you would like to read it.

19

move to disqualify you.

20

THE COURT:

Your motion to disqualify

21

based on a federal lawsuit is legally

22

insufficient and is denied.

23
24

25

I have a

Please continue with your Motion for
Summary Judgment.
MR. RODEMS:

Thank you, Your Honor.

I

4

MR. GILLESPIE:

1

I move to disqualify you

2

on the basis that I have a financial

3

relationship with your husband.
THE COURT:

4
5

Your motion to

disqualify me on that basis is denied.

6
7

All right.

MR. GILLESPIE:

I move to disqualify

you

8

THE COURT:

Sir

9

MR. GILLESPIE:

on the basis of an

10

affidavit that you made misrepresentations at

11

the last hearing about whether or not I was -­

12

THE COURT:

Sir, file a written motion.

13

I'm not going to allow you to disrupt these

14

proceedings again.

15

feigned illness.

16
17

You left this courtroom

MR. GILLESPIE:

THE COURT:

Sir, if you interrupt me you

will be escorted out.

20

MR. GILLESPIE:

21

THE COURT:

22

Well, I'm leaving.

This is your last warning,

sir.

23

MR. GILLESPIE:

24

THE COURT:

25

No, I did not feign

illness.

18

19

The last proceedings you

gentleman out.

I'm leaving.

All right, sir.
He's leaving.

Escort the

All right.

5

1

Continue with your motion, please.

2

will continue.

3

For the record, I'm

4

leaving because I didn't get my ADA

5

accommodation.

6

THE COURT:

7

MR. GILLESPIE:

8

That's not true, sir.

I'm leaving the federal

lawsuit on this table for you.

9

THE COURT:

10

proper service.

11

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MR. GILLESPIE:

The hearing

You must go, sir.

It's not

Leave.

(THEREUPON, Mr. Gillespie exited the courtroom)

12

THE COURT:

13

MR. RODEMS:

14

The plaintiff filed a two-count complaint

15

against the two defendants; Barker, Rodems and

16

Cook and Cook.

17

contract, Count Two alleged fraud.

Go ahead.
Thank you, Your Honor.

Count One alleged breech of

18

By orders dated November 28th, 2007 and

19

July 7th, 2008 the Court granted judgment in

20

favor of Cook on both counts and for Defendant

21

BRC on the fraud count.

22

remaining by plaintiff against Defendant BRC is

23

for Breech of Contract against BRC, and we're

24

moving for Summary Judgment.

25

The only count

The following facts that are in my motion

6

1

are undisputed.

2

them if you would prefer, Your Honor, on the

3

record or -­

4

THE COURT:

5

MR. RODEMS:

I can go through each one of

Make a record.
Thank you.

The plaintiff

6

hired Defendant BRC to bring claims against

7

Arnscot for violation of the Truth in Lending

8

Act.

9

individual may be awarded actual damages or

Under the Truth in Lending Act an

10

statutory damages, and an aggrieved individual

11

may also make a claim for attorney's fees and

12

costs.

13

The law is clear that to make a claim for

14

attorney's fees or costs though a party must be

15

represented by counsel, it cannot be pro se.

16

And I have case law for the Court which I'll be

17

happy to submit at the end of the hearing, or

18

if it's your preference to look at it now.

19

in any event, that was the holding in Hannon,

20

H-A-N-N-O-N, versus Security National Bank, 537

21

Federal 2nd, 327, Ninth Circuit from 1976.

22

Subsequently, Barker, Rodems and Cook

But

23

filed a lawsuit under TILA in Federal Court on

24

behalf of the plaintiff and two other

25

plaintiffs in that action, who are not parties

7

1

to this case, and requested damages as well as

2

court-ordered attorney fees.

3

After discovery it was clear, according to

4

Attorney Cook, that none of the plaintiffs had

5

actual damages, so the pursuit was for

6

statutory damages.

7

After substantial litigation in which our

8

law firm, Barker, Rodems and Cook, expended

9

well over 300 hours the district court

10
11

dismissed the TILA claims.
After the dismissal Barker, Rodems and

12

Cook filed a notice of appeal.

13

was on appeal the parties began settlement

14

negotiations.

15

claims being made against him, so he urged Cook

16

to get the cases settled, and not only to get

17

the case settled but he now wanted an

18

additional -- to his damages he wanted Mr. Cook

19

to secure for him a general release or a mutual

20

release.

21

While the case

Gillespie was concerned about

Now, under the class representation

22

contract BRC's duties didn't include seeking a

23

general release, it only included seeking

24

damages.

25

that duty.

But in any event, Mr. Cook took on
And during the settlement

8

1

negotiations Mr. Gillespie actually directed

2

Mr. Cook in writing to negotiate a settlement

3

for him whereby Amscot would pay $1,000 to

4

Mr. Gillespie and $10,000 for Mr. Gillespie's

5

and the other plaintiff's claim for

6

court-awarded attorney's fees.

7

Now again, if Mr. Gillespie hadn't been

8

represented by counsel he could have made no

9

claim for court-awarded attorney's fees.

10

~

Eventually Amscot made a settlement offer

11

which Mr. Gillespie accepted.

12

settlement agreement Amscot agreed to pay

13

Mr. Gillespie $2,000.

14

$50,000 to settle Mr. Gillespie's and the other

15

two plaintiff's claims for court-awarded

16

attorney's fees and costs.

17

included a mutual general release of all

18

claims.

19

And under that

It also agreed to pay

And it also

Under the settlement agreement none of the

20

plaintiffs had to pay any portion of Barker,

21

Rodems and Cook's attorney's fees and costs.

22

The plaintiff signed a written settlement

23

agreement with Amscot, which has been attached

24

to the affidavit of Mr. Cook and presented to

25

the Court.

And that settlement agreement which

9

1

was signed by Amscot -- I'm sorry, it was

2

signed by Mr. Gillespie and Barker, Rodems and

3

Cook and presented to Amscot, which was

4

presumably signed

5

has is not signed by Amscot.

6

that document which Mr. Cook signed on behalf

7

of Barker, Rodems and Cook and Mr. Gillespie

8

signed stated, quote, "Amscot shall pay the

9

firm" -- which was defined as Barker, Rodems

the copy that the Court
But in any event,

10

and Cook -- "the sum of $50,000 in satisfaction

11

of plaintiff's claims for attorney's fees and

12

costs as more fully described herein against

13

Amscot as asserted in the action."

14

Mr. Gillespie signed that.

15

signed it.

He read it, he

16

When the opportunity came to present

17

Mr. Gillespie with his money we presented

18

him

19

with a closing statement which included the

20

following statement -- and this was attached by

21

Mr. Gillespie to his complaint as Exhibit 2.

22

Quote," In signing this closing statement I

23

acknowledge that Amscot Corporation separately

24

paid my attorneys $50,000 to compensate my

25

attorneys for their claim against Amscot for

Barker, Rodems and Cook presented him

10

1

court-awarded fees and costs.

2

acknowledge that I have received a copy of the

3

fully executed release and settlement agreement

4

dated October 30, 2001."

5

~

I also

Now in Count One, the Breech of Contract

6

claim against Barker, Rodems and Cook,

7

Mr. Gillespie contends that even though he

8

signed the settlement agreement and even though

9

he signed the closing statement and even though

10

he agreed with Amscot that Amscot would pay all

11

of his attorney's fees, that somehow or other

12

Barker, Rodems and Cook should have split some

13

portion of the $50,000 paid to settle the claim

14

for court-awarded attorney's fees with

15

Mr. Gillespie.

16

split it with him was a breech of contract.

17

And he claims that failure to

Of course, the rules regulate -- the

18

Florida Bar prohibits splitting attorney's fees

19

with a non-lawyer under Rule 4-5.4.

20

under the professional ethics opinion of the

21

Florida Bar 60-33, which quoted with approval

22

of Henry S. Drinker (Phonetic) from legal ethics

23

in which he said, quote, "The only situations

24

in which a lawyer may properly permit a client

25

to receive and retain fees paid by others on

And also

11

1

account of his legal services are when such

2

payments are to reimburse the client in whole

3

or in part for the client's legal expenses

4

actually incurred and the specific manner for

5

which they are paid."

6

Mr. Gillespie paid us $50,000 and then we

7

received $50,000 we could have reimbursed him.

8

But, that's not what happened and that's not

9

what Mr. Gillespie wanted.

He wanted a split

10

of it as if he was an attorney entitled to a

11

share of it.

12

THE COURT:

Nor did he represent in his

13

claim that he had paid monies to your firm

14

or

15

MR. RODEMS:

16

THE COURT:

No, ma'am.
-- is entitled to

17

reimbursement.

18

read the complaint for the breech of contract.

19
20

C

In other words, had

MR. RODEMS:

That wasn't the basis when I

It's not alleged in the

complaint, Your Honor, correct.

21

THE COURT:

22

MR. RODEMS:

All right.
Based on these undisputed

23

facts there are several basis to grant Summary

24

Judgment in Defendant Barker, Rodems and Cook's

25

favor as stated in the motion.

12

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1

Because Amscot paid Mr. Gillespie's

2

attorney's fees and Mr. Gillespie kept his

3

entire $2,000 there was never any contingency

4

fee taken.

5

class representation contract states, quote,

6

"In rare cases the defendant may pay all or

7

part of the attorney's fees".

8

occurred here.

9

Mr. Gillespie's and the other two plaintiff's

This was a situation where, as the

And that's what

Amscot paid 100 percent of

10

attorney's fees, which is permitted by TILA and

11

also the rules regulating the Florida Bar,

12

4-1.8(f) which authorizes a lawyer to accept

13

payment of his or her fees for representation

14

of a client by one other than the client.

15

there was no contingency fee charged to

16

plaintiff.

17

So,

He kept his entire $2,000.

But Mr. Gillespie, by signing the

18

settlement agreement, also agreed with Amscot

19

and with Barker, Rodems and Cook that the fee

20

for this case would be $50,000 and that would

21

cover the fees and the costs.

22

Mr. Gillespie's choice to make this decision.

23

Mr. Gillespie's contractual theory would

24

require Barker, Rodems and Cook to violate the

25

ethical rules by splitting a fee.

So, this was

13

1
2

versus Dulin, D-U-L-I-N, 883 So. 2nd, 314 says

3

that, "The law assumes that parties have made

4

an agreement for a lawful purpose."

5

we presented with Mr. Gillespie with a class

6

representation contract we couldn't have done

7

it for some unlawful purpose, and certainly

8

never contemplated that we would split an

9

attorney's fee with him.

10
11

12

c

The Florida law under JRD Management Corp.

So, when

The second reason is, the plaintiff agreed
to the amount of attorney's fees and costs.
Now, we started out seeking

and when I

13

see "we", I mean Barker, Rodems and Cook -- we

14

started out seeking Mr. Gillespie's damages and

15

his, you know -- and also his claim for

16

court-awarded attorney's fees.

17

case went on it changed and Mr. Gillespie now

18

wanted us to negotiate a release for him.

19

or less that constituted a modification of any

20

agreement that was in place.

21

Mr. Gillespie signed the settlement agreement,

22

which clearly spelled out his agreement with

23

Arnscot, not ours but his agreement with Arnscot,

24

that the $50,000 would be paid to our law firm

25

for attorney's fees and costs he agreed to that

But, as the

More

So, when

14

1

2

amount.
Finally, Your Honor, Mr. Gillespie is now

3

estopped from taking a contrary position.

The

4

Court in Sand Cruise Casinos versus City of

5

Hollywood, 844 So. 2nd, 681 stated, quite, "In

6

order to demonstrate the existence of estoppel

7

the party must establish:

8

representation as to a material fact that is

9

contrary to a later asserted position.

One, a

Two,

10

reliance upon that representation.

11

a change in position detrimental to the party

12

claiming estoppel caused by the representation

13

or reliance."

14

And three,

Now, when Mr. Gillespie told us this is

15

what he wanted us to do we relied on that

16

representation.

17

agreement we relied on that representation.

18

And when he signed a closing statement we

19

relied on that representation that he

20

understood and agreed that he wanted our law

21

firm to be paid $50,000 for its attorney's fees

22

and costs by Amscot.

23

When he signed the settlement

Had he not signed the settlement agreement

24

or the closing statement we could not have

25

taken that money.

It wouldn't have been

15

1

possible.

2

representation.

3

and changes his story in this lawsuit and says

4

that he wants a percentage of that.

5

So, we relied on that
And now Mr. Gillespie comes in

So clearly, Your Honor, under the class

6

representation contract and under the agreement

7

that was, you know, was reached between him and

8

Amscot and Barker, Rodems and Cook as the case

9

proceeded, Mr. Gillespie wanted his $2,000; he

10

wanted it then.

11

adverse claims, and he directed that the

12

settlement be obtained.

13

obtained he approved it.

14

He didn't want to face any

And once it was

And then almost two years after the fact,

15

after threatening a bar grievance and a

16

lawsuit -- and when he didn't get his way went

17

forward and filed this action.

18

on for five years.

19

were disposed of by judgment on the pleadings.

20

The record is undisputed.

21

alleged are undisputed, and my clients are

22

entitled to judgment in their favor and we ask

23

that you enter that.

24
25

It's been going

Three of the four claims

The facts that have

And we have brought with us today, Your
Honor, a proposed Final Summary Judgment as to

~

16

1

Count One along with the appropriate copies and

2

postage, pre-paid envelopes.

3

the order is not satisfactory and you'd like us

4

to send over a CD with this version on it so it

5

can be modified, we can certainly do that.

6

But, we would ask you to review that and

7

consider entering that.

8
9
10
11

~

THE COURT:

In the event that

Thank you.

I've signed the order.

have the original document with the clerk and
conform copies and mail it.
Is there anything further that remains in

12

this case?

13

and many, many pleadings.

14

think I'm looking at Volume 11.

15

anything that remains?

16

I will

It's on -- it is many, many volumes

MR. RODEMS:

So, is there

I

Is there

Your Honor, there are some

17

there were counterclaims, but I am going to

18

talk with my clients today and I assume that

19

those will be dismissed.

20

The only thing that would remain after

21

that would be the various issues relating to

22

collection on the judgment that has already

23

been entered, costs and also there may be one

24

or two motions out there for sanctions.

25

The other two things that I want to bring

17

C

C

1

up today, if I could briefly, Your Honor -­

2

THE COURT:

3

MR. RODEMS:

Okay.

Excuse me.

The other two things that I

4

would like to mention, Your Honor is that in

5

your order that set the hearing for today you

6

did ask us to be prepared to discuss with you

7

the previous Motion for Contempt and asked us,

8

you know, to be prepared to discuss with you

9

whether Mr. Gillespie had complied with the

10

fact information sheet.

11

represent to the Court that Mr. Gillespie did

12

in fact, while he was still represented by

13

Mr. Bower, comply with the fact information

14

sheet.

15

is resolved.

16

And I did want to

So that issue, just so the Court knows,

The other thing is that we, once again,

17

tried to schedule Mr. Gillespie for a

18

deposition.

19

despite your previous order, which denied his

20

Motion for Protective Order or to Avoid the

21

Deposition.

22

we need to collect upon.

23

least until I can get back to the office and

24

verify with my partners and get something over

25

to the Court there still are the counterclaims

And he basically did not attend,

We do still have the judgment that
And obviously at

18

~

1

pending.

2

THE COURT:

3

MR. RODEMS:

What counterclaims, precisely?
Well, there are two

4

counterclaims -- I believe two counterclaims

5

for defamation, libel and slander or maybe just

6

libel; I can't remember at the moment.

7

like I said, Your Honor, I am 100 percent

8

confident that as soon as I go back a Notice of

9

Dismissal of those remaining counterclaims will

10

But

be submitted this afternoon.

11

But in any event, we are going to need to

12

depose Mr. Gillespie.

13

willing to show up and he's -- so, we filed a

14

Motion For an Order of Contempt and Writ of

15

Bodily Attachment.

16

for hearing today, but obviously it was

17

idea was, you know, the Court was going to take

18

up the summary judgment and the other issues

19

first.

20

reset this on a separate day or if you wish to

21

entertain it now.

22

He is obviously not

We did not -- we noticed it

I don't know if you would like us to

THE COURT:

Well, it's been noticed for

23

now.

24

consider what to do in that matter.

25

the

You can at least make a record and let me

MR. RODEMS:

Yes, Your Honor.

19

1

THE COURT:

This can be mailed, and I

2

believe you can give this back to counsel.

3

There were only two conformed copies, one for

4

Mr. Gillespie -­ all right.

5

You can make a record.

I did have your

6

motion, it was noticed for today.

7

this is a Motion for an Order of Contempt and

8

Writ of Bodily Attachment.

9

reflect that Mr. Gillespie elected to leave

10

even though he was advised that the hearing

11

would continue in his absence.

12

noticed him for deposition, you indicate,

13

several times?

14

MR. RODEMS:

As you know,

And let the record

You have

Yes, Your Honor.

Prior to

15

the order of July 29th, 2010 we noticed

16

Mr. Gillespie twice for deposition, and both

17

times he failed to appear.

18

The second

and this is all reflected in

19

the motion.

20

some sort of motion for protection, but he

21

never made any effort to have it heard or

22

anything.

23

On the second occasion he did file

So, when the Court entered the order on

24

July 29th, 2010 denying his Motion for Order of

25

Protection the Court was fairly clear that

20

1

Mr. Gillespie has ignored court orders in the

2

past and that the Court will not accept these

3

or any further attempts by the plaintiff to

4

avoid the defendant's right to discovery in

5

this case and bring the matter to a close.

6

So, subsequent to that we served a Notice

7

of Deposition on August 17th, 2010 scheduling

8

the deposition on September 3rd.

9

attached a copy of that Notice of Deposition as

And we

10

Exhibit 1.

11

and faxed it to us and said he wasn't going to

12

be attending for three reasons:

13

the Court has not responded to nor provided

14

accommodations requested under the Americans

15

with Disability Act.

16

On September 3rd he wrote a letter

First, he says

Second, he said that the Oath of Office of

17

Judges in this matter are not legally

18

sufficient, calling into question rulings in

19

this matter.

20

And finally he reiterated again his belief

21

that my representation of the defendants is

22

quote, "unlawful", closed quote.

23

the Court expressly denied that motion and

24

advised him that that matter was res judicata

25

he once again raised it as a basis.

Even though

21

1

SO, he is in disregard of this Court's

2

authority and this Court's order and we would

3

ask that he be held in contempt.

4

ask that the Court consider issuing a Writ of

5

Bodily Attachment so that someone, either the

6

Hillsborough County Sheriff or the Marion

7

County Sheriff where he resides or anyone of

8

them in between or who comes into contact with

9

him can bring him into custody for the purpose

And we would

10

of allowing us to get a deposition of him so

11

that we can finish out the case.

12

unless someone physically arrests Mr. Gillespie

13

and holds him until he purges himself of the

14

contempt by refusing to sit for deposition the

15

defendants are never going to be able to get to

16

the bottom of the issues that are necessary to

17

bring the case to resolution.

18

And obviously

So, we would ask for the Court to find

19

Mr. Gillespie in contempt and consider issuing

20

a Writ of Bodily Attachment.

21

I would represent to the Court that if

22

Mr. Gillespie is taken into custody I will do

23

my best to complete the deposition as quickly

24

as possible.

25

Court that I am going out of town and will be

But, I do want to advise the

c

22

1

out of the office from Thursday until Tuesday

2

of next week.

3

4
5

THE COURT:

Mr. Gillespie owes the firm,

is this correct, some judgement amount?
MR. RODEMS:

Yes, Your Honor.

It's

6

$11,500 plus interest.

7

my memory serves me correctly, was entered in

8

2008 and was affirmed on appeal.

9

10
11

12

THE COURT:

MR. RODEMS:

14

MR. RODEMS:

17

THE COURT:

19

THE COURT:

MR. RODEMS:

22

THE COURT:

25

Yes, ma'am.

He appealed the

Who awarded the sanctions?

Judge Barton.
Judge Barton imposed

sanctions?

21

24

Affirmed on appeal?

What Judge?
MR. RODEMS:

23

The judgment was entered in

sanctions, and the Second DCA upheld those.

18

20

I'm sorry, what did you say

2008 and it was affirmed on appeal.
THE COURT:

16

And that judgment, if

about appeal?

13

15

c

So, if it was to happen -­

Yes, Your Honor.
So, these sanctions were

imposed for what reason?
MR. RODEMS:

57105 violations in terms of

his pleading various defenses that had no basis

~

23

1

in law or fact and also prior to discovery

2

violations.

3

of those, which was granted, and then the Judge

4

held a hearing on the amount and awarded that

5

monetary sanction at that point.

6

There was a motion based on both

THE COURT:

So, you have a judgment for

7

sanctions against Mr. Gillespie.

8

as counter plaintiff, a lawsuit against

9

Mr. Gillespie for defamation?

10

MR. RODEMS:

11

THE COURT:

Yes, Your Honor.
Is there anything else besides

12

the defamation count?

13

MR. RODEMS:

14

THE COURT:

15
16

And you have,

No, Your Honor.
And that's one count of

defamation or slander?
MR. RODEMS:

It may be two.

It may have

17

been one for one defendant and one for the

18

other defendant.

19

letter that Mr. Gillespie wrote to the

20

president of Arnscot.

21

THE COURT:

But, it all emanated from one

Well, it's very clear from the

22

record that Mr. Gillespie hasn't complied with

23

this Court's orders, and contempt is an

24

appropriate sanction.

25

entitled to an order of contempt.

And I do find you're

24

Given that you're going out of town it
raises some concern about issuing a Writ of
Bodily Attachment at this time as I wouldn't
want Mr. Gillespie detained indefinitely in
order to comply with the purge provision.
MR. RODEMS:

Yes, Your Honor.

wouldn't want that either.

And I

I mean, certainly

our objective is just to get the deposition
completed.
THE COURT:

Why don't I provide

that unless he gives a -- when are you going to
be back?
MR. RODEMS:

I will be back in the office,

I believe, next Tuesday, which -- I'm sorry,
the date might.be -­
THE COURT:

Why don't we provide that he

has 45 days in which to give such a deposition,
otherwise the Court will issue an order to show
cause and consider further appropriate action.
MR. RODEMS:

Okay, Your Honor.

So, should

I prepare an order finding Mr. Gillespie in
contempt and providing that he has 45 days?
THE COURT:

In which to provide the

required deposition or requested deposition or
face future sanctions for noncompliance.

25

1
2

MR. RODEMS:

May I provide an order that

it could include being held -­

3

THE COURT:

Well, I would issue an order

4

to show cause at that point and require his

5

appearance to explain why he didn't show up.

6

And failing that, then of course I would

7

consider other options.

8

courts are very reluctant to have people

9

detained and incarcerated unless it's the

10

absolute last resort.

11

MR. RODEMS:

12

THE COURT:

But as you know, the

Yes, Your Honor.
And that is the way I feel

13

about it.

14

decide, Mr. Rodems, to resolve the remaining

15

counts you can send a copy of whatever you file

16

with the clerk or fax it to me so that I know

17

the status of the file.

18

All right, folks.

So, if you

MR. RODEMS:

Yes, Your Honor.

20

THE COURT:

Thank you so much.

21

MR. RODEMS:

19

22
23

24
25

I

will do

that.

Thank you for your time,

Judge.
THE COURT:

All right.

We're done.

(THEREUPON, the Hearing ended at 11:28 a.m. )

26

CERTIFICATE OF REPORTER
STATE OF FLORIDA
COUNTY OF PINELLAS
I, ROBBIE E. DARLING, Court Reporter, in and
for the Sixth Judicial Circuit, State of
Florida:
DO HEREBY CERTIFY that the foregoing
proceedings were had at the time and place set
forth in the caption thereof; that I was
authorized to and did stenographically report
the said proceedings and that the foregoing
pages, numbered 1 through 26, inclusive, is a
true and correct transcription of said
stenographic report.
IN WITNESS WHEREOF, I have hereunto affixed my
official signature this 4th day of October,
2010, at Clearwater, Pinellas County, Florida.

27
A
a 1:73:3,17,17,214:2,12
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28
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5376:20
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681 14:5
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7th 5:19
725-9157 1:23
7271:23
8
8001:12
84414:5
88313:2

ERRATA SHEET OF NEIL J. GILLESPIE, AMENDED
COURT: Circuit Court of the Thirteenth Judicial Circuit
Hillsborough County, Florida, Civil Law Division
CASE NUMBER: 05-CA-7205
STYLE OF CASE: Neil J. Gillespie, Plaintiff and Counter-Defendant, vs.
Barker, Rodems & Cook, P.A., Defendant and Counter-Plaintiff
William J. Cook, Defendant and Counter-Plaintiff
DATE: September 28, 2010
TIME: 11:04 a.m. - 11:28 a.m.
PRESIDING JUDGE: Martha J. Cook, Circuit Court Judge
Hearing 1: Plaintiff and Counter-Defendant’s Oral Motion To Disqualify Trial Judge
Hearing 2: Defendants and Counter-Plaintiffs’ Motion For Final Summary Judgment
Hearing 3: Defendants and Counter-Plaintiffs’ Motion For Civil Contempt and Writ of Bodily
Attachment
REPORTER: Robbie E. Darling
Dempster, Berryhill & Associates
1875 North Belcher Road, Suite 102
Clearwater, Florida 33765
Telephone (727) 725-9157
Page

Line

Error or Change

Reason for Change

Cover

Neil J. Gillespie is the
Plaintiff and Counter-Defendant

To correct error, add
counter-party status

Cover

Barker, Rodems & Cook, P.A. and
William J. Cook are Defendants and
Counter-Plaintiffs

To correct error, see p. 16.
line 7; p. 17, line 25;
p. 18, lines 1, 4 and 9
for reference to counterclaims

Cover

This hearing began with Plaintiff and Counter-Defendants’ oral motion to
disqualify the presiding trial judge, Martha J. Cook, Circuit Court Judge,
beginning on page 3, line 16.
This hearing was also on Defendants and Counter-Plaintiffs’ Motion for
Contempt and Writ of Bodily Attachment, in addition to “Defendants’ and
Counter-Plaintiffs’ Motion for Final Summary Judgment”. The hearing on
contempt begins on page 17, line 7, also see Judge Cook’s statement on
page 19, lines 5-11.

2

Appearances Ryan Christopher Rodems, attorney for Defendants and Counter-Plaintiffs

2

Appearances Neil J. Gillespie, pro se, Plaintiff and Counter-Defendant

2

Appearances Please add the address for Neil J. Gillespie: 8092 SW 115th Loop,
Ocala, Florida, 34481

4

20

Transcript shows punctuation of a “period” where it should show
punctuation of “dashes” to show Judge Cook cut Gillespie off mid-sentence:
20 MR. GILLESPIE: Well, I'm leaving.
Transcript should show Judge Cook cut Gillespie off mid-sentence:
20 MR. GILLESPIE: Well, I'm leaving --

23

Again at line 23 the same inaccuracy is repeated, and should be changed.
23 MR. GILLESPIE: I'm leaving -On page 5, line 7-8, Gillespie was finally able to speak his complete
sentence:
7 MR. GILLESPIE: I'm leaving the federal
8 lawsuit on this table for you.

5

3-5

Gillespie misspoke in this exchange because he was upset that
Judge Cook ordered him removed from the hearing, and had twice
cut him off in mid-sentence.
3 MR. GILLESPIE: For the record, I'm
4 leaving because I didn't get my ADA
5 accommodation.
Gillespie intended to state he did not get his ADA accommodation.
He was leaving because Judge Cook ordered him to leave, and
intended to state the following:
3 MR. GILLESPIE: For the record,
4 I didn't get my ADA
5 accommodation.

5

11

(THEREUPON, Mr. Gillespie exited the courtroom)

The above should reflect that Mr. Gillespie was escorted out of the courtroom
and/or courthouse by the bailiff, Deputy Christopher E. Brown, H.C.S.O., per the
letter of Maj. James Livingston dated January 12, 2011.
(THEREUPON, Mr. Gillespie was escorted out of the
courtroom by the bailiff)
A copy of Maj. Livingston’s letter to Neil Gillespie, with mailing envelope,
accompanies this Errata Sheet, along with a copy of Maj. Livingston’s email of
January 12, 2011 with attached copy of the letter, and Gillespie’s inquiry letter of

2

November 13,2010. This correspondence impeaches a false statement by Judge
Martha J. Cook that appears on page 19, lines 5-11:

5 [THE COURT] You can make a record. I did have your
6 motion, it was noticed for today. As you know,
7 this is a Motion for an Order of Contempt and
8 Writ of Bodily Attachment. And let the record
9 reflect that Mr. Gillespie elected to leave
10 even though he was advised that the hearing
11 would continue in his absence.
17

13

"Mr. Bower" should be spelled "Mr. Bauer", the name of my
former attorney, Robert W. Bauer of Gainesville, Florida.

NOTE: This transcript was previously corrected sometime after Gillespie's email and fax to Jean
Murray dated October 16,2010, see attached. The transcript was amended after the October 4,
2010 date shown on page 26, Certificate of Reporter Robbie E. Darling.
I have read the transcript of the above hearing held September 28, 2010, and except for
any errors or changes noted above, I hereby subscribe to the transcript as an accurate record of
the statements made by me. I cannot subscribe to statements made after I was ordered removed
from the hearing, or know if Judge Cook or Mr. Rodems influenced or attempted to influence the
court reporter in his duty as an officer of the court.
"A court reporter is an officer of the court for all purposes while acting as a reporter in a
judicial proceeding or discovery proceeding. (12A Fla.Jur.2d, §224; 2005). Court
reporters, as officers of the court, are amenable to its processes for failure to perform
their duties. Peacock v. State, 154 So. 2 856 (Fla. Dist. Ct. App. 1st Dist. 1963 )."
Signature of Neil J. GilleSPie:r'··

A

.z.

Date:

/~#OI2-

STATE OF FLORIDA
COUNTY OF MARION
BEFORE ME, the undersigned authority authorized to take oaths and acknowledgments in the
State of Florida, personally appeared NEIL J. GILLESPIE, Isnown to me, or who produced
_
who, after having first been duly sworn, deposes and says that the abo;e matters contained in this
Errata Sheer are true and correct to the best of his knowledge and belief.
WITNESS my hand and official seal this

3

1'" day of J~~<.

2012.

IN THE CIRCUIT COURT OF THE THIRTEENTH JUDICIAL

CIRCUIT IN AND FOR HILLSBOROUGH COUNTY, FLORIDA

CIVIL LAW DIVISION

CASE NO. 05-CA-007205

----------------------------------------x
NEIL J. GILLESPIE,
Plaintiff,

,

Di vi-sion::t: G,....:>

and

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BARKER, RODEMS & COOK, P.A.
A Florida Corporation, and
WILLIAM J. COOK,

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Defendants.

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BEFORE:

THE HONORABLE MARTHA J. COOK

PLACE:

Hillsborough County Courthouse
800 East Twiggs Street
Tampa, Florida 33602

DATE:

September 28, 2010

TIME:

11:04 a.m. - 11:28 a.m.

REPORTED BY:

Robbie E. Darling

Court Reporter

\.

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s:­

----------------------------------------x

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DEFENDANTS' MOTION FOR FINAL SUMMARY JUDGMENT;

CORRECTED TRANSCRIPT

Pages 1 - 26
DEMPSTER, BERRYHILL & ASSOCIATES
1875 NORTH BELCHER ROAD, SUITE 102
CLEARWATER, FLORIDA 33765
(727) 725-9157

ORIGINAL

Page 1 of 1

Neil Gillespie
From:
To:
Sent:
Attach:
Subject:

"Neil Gillespie" <neilgillespie@mfi.net>
"Jean Murray" <jmurray@dempstercr.com>
Saturday, October 16, 2010 12:44 PM
2010, 09-28-10, transcript, page 5, error, correction needed.pdf
correction needed on transcript of September 28, 2010

Hi Jean,
I just reviewed the transcript of the hearing September 28, 2010 done by Robbie Darling and
there is a serious error on the top of page five at line 1: (THEREUPON, Mr. Gillespie exited the
courtroom). Clearly this is inaccurate because there was the following exchange later in the
transcript, beginning on page five at line 4:
4. MR. GILLESPIE: For the record, I'm
5 leaving because I didn't get my ADA
6 accommodation.
7 THE COURT: That's not true, sir.
8. MR. GILLESPIE: I'm leaving the federal
9 lawsuit on this table for you.
10 THE COURT: You must go, sir. It's not
11 proper service. Leave. Go ahead.
I believe the information on page five at line 1 should appear after the above exchange ending on
page five at line 11. Also, HCSO Bailiff C.E. Brown removed me from the courtroom at the
order of Judge Cook and escorted me from the building. I believe this information should be
included on the transcript, because Judge Cook is now claiming that I left the hearing
voluntarily. A copy of page 5 is attached. Time is of the essence in this matter. Thank you.
Sincerely,
Neil Gillespie
(352) 854-7807

11/29/2012

Fax
From: Neil J. Gillespie
8092 SW 11Sth Loop
Ocala, FL 34481
Telephone: (352) 854-7807
email: neilgillespie@mfi.net

To: Dempster Berryhill Court Reporters
Fax: (727) 725-8749

Date: October 16,2010
Pages: two (2) including this cover sheet
Re: transcript error
Hi Jean,
I just reviewed the transcript ofthe hearing September 28, 2010 done by Robbie Dariing and
there is a serious error on the top ofpage five at line 1: (THEREUPON, Mr. Gillespie exited
the courtroom). Clearly this is inaccurate because there was the following exchange later in the
transcript, beginning on page five at line 4:
4. MR. GILLESPIE: For the record, I'm

5 leaving because I didn't get my ADA

6 accommodation.

7 THE COURT: That's not true, sir.

8. MR. GILLESPIE: I'm leaving the federal

9 lawsuit on this table for you.

10 THE COURT: You must go, sir. It's not

11 proper service. Leave. Go ahead.

I believe the information on page five at line 1 should appear after the above exchange ending
on page five at line 11. Also, HCSO BailiffC.E. Brown removed me from the courtroom at
the order of Judge Cook and escorted me from the building. I believe this information should
be included on the transcript, because Judge Cook is now claiming that I left the hearing
voluntarily. A copy ofpage 5 is attached. Time is ofthe essence in this matter. Thank you.
Sincerely,
Neil Gillespie

5

1

(THEREUPON, Mr. Gillespie exited the courtroom)

2

THE COURT:

3

motion, please.

4

--

~~MR.

All right.

Continue with your

The hearing will continue.

GILLESPIE:

For the record, I'm

5

leaving because I didn't get my ADA

6

accommodation.

7

8

9

THE COURT:

---

~

That's not true, sir.

MR. GILLESPIE:

I'm leaving the federal

lawsuit on this table for you.

10

THE COURT:

11

proper service.

You must go, sir.
Leave.

It's not

Go ahead.

12

MR. RODEMS:

13

The plaintiff filed a two-count complaint

14

against the two defendants; Barker, Rodems and

15

Cook and Cook.

16

contract, Count Two alleged fraud.

Thank you, Your Honor.

Count One alleged breech of

17

By orders dated November 28th, 2007 and

18

July 7th, 2008 the Court granted judgment in

19

favor of Cook on both counts and for Defendant

20

BRC on the fraud count.

21

remaining by plaintiff against Defendant BRC is

22

for Breech of Contract against BRC, and we're

23

moving for Summary Judgment.

24
25

The only count

The following facts that are in my motion
are undisputed.

I can go through each one of

~e~ev4

David Gee, Sheriff

Po. Box 3371
Phone (813)247-8000
www.hcso.tampa.jl.us

Jose Docobo, ChiefDeputy
Hillsborough County

Tampa, Florida 33601

January 12,2011

Mr. Neil J. Gillespie
8092 SW l1S th Loop
Ocala, Florida 34481
Dear Mr. Gillespie:
In response to your letter dated November 13,2010, I made contact with Deputy
Christopher E. Brown concerning your request for an explanation regarding why he
escorted you out of the courthouse on September 28, 2010 after a hearing with Judge
Martha Cook. Deputy Brown advised that the Judge ordered you to leave after a
disruption in the courtroom. He stated that he followed you to the front door as you
exited the building without assistance. Other than the official records maintained by the
Court, I am not aware of any other records related to the hearing before Judge Cook.
As we discussed on the telephone today, you expressed some concern over your
personal safety while in the courthouse due to a disability and due to a potential threat
from opposing counsel. Please let me know the date and time of your next visit to the
courthouse and we will take action to help ensure a safe and orderly visit. Please feel free
to contact me with any additional questions or concerns.
Sincerely,

James P. Livingston, Major

Court Operations Division

016H26509735

Jhrriff

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laauid 6rr
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P.O. Box 3371 • Tampa. Florida 33601

$OO.44Q
01/13/2011

5

US POSTAGE

Mr. Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481

:;: c~48 i

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11,11"11,1,1,111,,1,1,,Ill, II" '1'1,11 ,11111111111,1,/",/"
I

Page 1 of 1

Neil Gillespie
From:
"LIVINGSTON, JAMES P" <jlivings@hcso.tampa.fl.us>
To:
<neilgillespie@mfi.net>
Sent:
Wednesday, January 12, 2011 10:25 AM
Attach:
Ltr to Mr. Neil Gillespie 011211.pdf
Subject: Response Letter
Mr. Gillespie,
Attached is a copy of your letter dated 11/13/2010, along with my response letter dated today. The
original reponse letter will go out today via U.S. Mail.
Thank you,
James P. Livingston
Major - Court Operations Division
Hillsborough County Sheriff's Office
Office: 813-242-5061
Fax: 813-242-1834
jlivings@hsco.tampa.fl.us

1/12/2011

VIA V.P.S. No. lZ64589FP290445194
December 4, 2012
Larry Murray, President
Dempster Berryhill Court Reporting
1875 N. Belcher Road, Suite 102
Clearwater, FL 33765
RE: Transcript of hearings September 28, 2010 before Judge Martha J. Cook

Gillespie v. Barker, Rodems & Cook, 05-CA-7205, Hillsborough Co., Florida.

Dear Mr. Murray,
Enclosed you will find a copy of my notarized, amended errata sheet for the transcript of
the hearings September 28, 2010 in the above case before Judge Cook, reported and
transcribed by Robbie E. Darling of your firm.
Kindly file a copy with the court. Thank you.

Telephone: (352) 854-7807
email: neilgillespie@mfi.net
Enclosure

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