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I move to strike the Plaintiffs Motion to Default, and Default, under Rule 1.140(f):
RULE 1.140. DEFENSES
(f) Motion to Strike. A party may move to strike or the court may strike redundant,
immaterial, impertinent, or scandalous matter from any pleading at any time.
2.
I move to strike the Plaintiffs Motion to Default, and Default, under Rule 1.150(a):
RULE 1.150. SHAM PLEADINGS
(a) Motion to Strike. If a party deems any pleading or part thereof filed by another party
to be a sham, that party may move to strike the pleading or part thereof before the cause
is set for trial and the court shall hear the motion, taking evidence of the respective
parties, and if the motion is sustained, the pleading to which the motion is directed shall
be stricken. Default and summary judgment on the merits may be entered in the
discretion of the court or the court may permit additional pleadings to be filed for good
cause shown.
(b) Contents of Motion. The motion to strike shall be verified and shall set forth fully
the facts on which the movant relies and may be supported by affidavit. No traverse of
the motion shall be required.
3.
Plaintiffs Motion to Default, Filing # 36269740 E-Filed 01/07/2016 12:55:31 PM, shows a
5.
The Plaintiff filed an improper Motion for Default given I filed DEFENDANTS
I notified the Court January 11, 2016 additional time was required for verification of
marriage records for the unknown spouse of Elizabeth Bauerle, n.k.a. Elizabeth Bidgood, see
NOTICE OF FILING BY DEFENDANT NEIL J. GILLESPIE Verification of Marriage
Records, Filing # 36416149 E-Filed 01/11/2016 05:11:25 PM.
7.
The Plaintiff knowingly and wrongly filed this action as a commercial foreclosure on
its civil cover sheet (Exhibit 3) violation of Rule 1.100(c)(2) Pleadings and Motions, when in
fact the Plaintiff and its counsel knows this is a residential foreclosure of my Florida homestead.
8.
9.
Clerk of Court & Comptroller by letter December 24, 2014 (Exhibit 4) of the Clerks duty and
the civil cover sheet (form 1.997), Rule 1.100(c)(2), in part:
Mr. Harrell, under Rule 1.100(c)(2) ...all proceedings in the action shall be abated until
a properly executed cover sheet is completed and filed.... This is the Clerks duty, see
Rule 1.100(c)(2) Pleadings and Motions.
(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at the
time an initial complaint or petition is filed by the party initiating the action. If the cover
sheet is not filed, the clerk shall accept the complaint or petition for filing; but all
proceedings in the action shall be abated until a properly executed cover sheet is
completed and filed. The clerk shall complete the civil cover sheet for a party appearing
pro se.
Currently the civil cover sheet (form 1.997) is not properly executed as completed and
filed. The Clerk has a ministerial duty under Rule 1.100(c)(2), ...all proceedings in the
action shall be abated until a properly executed cover sheet is completed and filed..
As of today Clerk David R. Ellspermann has not abated the proceedings until a properly
executed cover sheet is completed and filed. Rule 1.100(c)(2).
10.
The Plaintiff has failed to comply with Florida Statutes Chapter 702, Foreclosure of
Mortgages and Statutory Liens, and section 702.015 Elements of complaint; lost, destroyed, or
stolen note affidavit. The Plaintiff, inter alia, has not filed the original note with the Clerk.
11.
The Plaintiff has failed to comply with Florida Rules of Civil Procedure, Rule 1.115,
Pleading Mortgage Foreclosures and subparts (a) through (e). The Plaintiff, inter alia, has not
filed the original note with the Clerk.
WHEREFORE, I move the Court to dismiss with prejudice Plaintiffs entire action. In the
alternative, I move the Court to strike the Plaintiffs Motion to Default, and Default.
VERIFICATION OF NEIL J. GILLESPIE
Under penalty of perjury, I declare that I have read the foregoing, and the facts alleged
therein are true and correct to the best of my knowledge and belief.
RESPECTFULLY SUBMITTED January 12, 2016.
Neil J. Gillespie
Mr. Curtis Wilson, Esq.
McCalla Raymer, LLC
225 E. Robinson Street, Ste. 660
Orlando, FL 32801
Email: MRService@mccallaraymer.com
Gregory C. Harrell
General Counsel to David R. Ellspermann,
Marion County Clerk of Court & Comptroller
P.O. Box 1030
Ocala, Florida 34478-1030
Email: gharrell@marioncountyclerk.org
Neil J. Gillespie and Mark Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Email: mark.gillespie@att.net
Neil J. Gillespie
8092 SW 115th Loop
Ocala, FL 34481
Email: neilgillespie@mfi.net
Mark Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Email: mark.gillespie@att.net
Filing # 36473683
36269740 E-Filed 01/12/2016
01/07/2016 04:13:03
12:55:31 PM
The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other
papers as required by law. This form sh~lI~be.fi~d by the plaintiff or petitioner for the use of the Clerk of the Court for the purpose of
reporting judicial workload data pursuanit<Y Ftbrlda Statutes Section 25.075.
CASE STYLE
I.
Case #
Judge:
l 3. - \ \ :- L.ea=
vs.
Defendant
II.
TYPE OF CASE
(If the case fits more than one type of case, select the most definitive category.) If the most
descriptive label is a subcategory (is indented under a broader category), place an "x" in both
Condominium
Eminent domain
Auto negligence
Negligence - other
SO $50,000
Business governance
Business torts
$50,001 - $249,999
EnvironmentallToxic tort
$250,000 or more
,_.. f::-'
Construction defect
-
Malpractice - medical
IJ
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...-..
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Business transactions
Libel/Slander
Corporate trusts
960921
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=::
':- : ......
:'-~ ::
_,,'
Professional malpractice
Malpractice business
~~::
---
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Mass tort
Negligent security
.....
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12..02121-2
II.
TYPE OF CASE
(If the case fits more than one type of case, select the most definitive category.) If the most
descriptive label is a subcategory (is indented under 8 broader category), place an "x" in both
the main c~tegory and subcategory boxes.
.'0... . \
.
Condominium
III.
.~
Securities litigation
Insurance claims
Trade secrets
Intel1ectual property
Trust litigation
IV.
X no
VI.
yes If "yes," list all related cases by name, case number, and court.
VII.
yes
X no
Signatu
Attorney or party
0029364
(Bar # if attorney)
Danielle N. Parsons
960921
12-02121-2
RE: Clerks duty and the civil cover sheet (form 1.997), Rule 1.100(c)(2).
Reverse Mortgage Solutions, Inc. vs. Neil J. Gillespie, et al., Case No. 13-115-CAT
Dear Mr. Harrell:
You emailed me December 09, 2014 at 4:59 PM about the civil cover sheet (form 1.997):
-The case was designated as a commercial foreclosure by plaintiff's counsel in the civil
cover sheet that the plaintiff is responsible for preparing and filing at the outset of the
case. You will need to take the matter up with the court and/or the plaintiff however you
deem appropriate if you dispute the plaintiff's characterization of the case, as the Clerk
has no say in that.
Mr. Harrell, under Rule 1.100(c)(2) ...all proceedings in the action shall be abated until a
properly executed cover sheet is completed and filed.... This is the Clerks duty, see
Rule 1.100(c)(2) Pleadings and Motions.
(2) A civil cover sheet (form 1.997) shall be completed and filed with the clerk at the
time an initial complaint or petition is filed by the party initiating the action. If the cover
sheet is not filed, the clerk shall accept the complaint or petition for filing; but all
proceedings in the action shall be abated until a properly executed cover sheet is
completed and filed. The clerk shall complete the civil cover sheet for a party appearing
pro se.
Currently the civil cover sheet (form 1.997) is not properly executed as completed and filed.
The Clerk has a ministerial duty under Rule 1.100(c)(2), ...all proceedings in the action shall be
abated until a properly executed cover sheet is completed and filed..
When can I expect the Clerk to fulfill its ministerial duties under Rule 1.100(c)(2)?
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Email: neilgillespie@mfi.net
Phone: 352-854-7807
Enclosures
RULE 1.100
RULE 1.110
Committee Notes
1971 Amendment. The change requires a more complete designation of the document that is filed so that it may be more rapidly
identified. It also specifies the applicability of the subdivision to all
of the various documents that can be filed. For example, a motion to
dismiss should now be entitled defendants motion to dismiss the
complaint rather than merely motion or motion to dismiss.
1972 Amendment. Subdivision (a) is amended to make a reply
mandatory when a party seeks to avoid an affirmative defense in
an answer or third-party answer. It is intended to eliminate thereby
the problems exemplified by Tuggle v. Maddox, 60 So. 2d 158 (Fla.
1952), and Dickerson v. Orange State Oil Co., 123 So. 2d 562 (Fla.
2d DCA 1960).
1992 Amendment. Subdivision (b) is amended to require all
notices of hearing to specify the motions or other matters to be
heard.
CIV-24
The civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other
papers as required by law. This form sh~lI~be.fi~d by the plaintiff or petitioner for the use of the Clerk of the Court for the purpose of
reporting judicial workload data pursuanit<Y Ftbrlda Statutes Section 25.075.
CASE STYLE
I.
Case #
Judge:
l 3. - \ \ :- L.ea=
vs.
Defendant
II.
TYPE OF CASE
(If the case fits more than one type of case, select the most definitive category.) If the most
descriptive label is a subcategory (is indented under a broader category), place an "x" in both
Condominium
Eminent domain
Auto negligence
Negligence - other
SO $50,000
Business governance
Business torts
$50,001 - $249,999
EnvironmentallToxic tort
$250,000 or more
,_.. f::-'
Construction defect
-
Malpractice - medical
IJ
__"
...-..
:" ;: ~?;
r-~:;.~~
Z
.'
f~,?
~.
;,.
. I
..... " ..
.r
U1
Business transactions
Libel/Slander
Corporate trusts
960921
~~I'
=::
':- : ......
:'-~ ::
_,,'
Professional malpractice
Malpractice business
~~::
---
r':
_~
Mass tort
Negligent security
.....
:.=
~ ~-'~ :'::'~
;....
-. (,-.)
( ....
12..02121-2
II.
TYPE OF CASE
(If the case fits more than one type of case, select the most definitive category.) If the most
descriptive label is a subcategory (is indented under 8 broader category), place an "x" in both
the main c~tegory and subcategory boxes.
.'0... . \
.
Condominium
III.
.~
Securities litigation
Insurance claims
Trade secrets
Intel1ectual property
Trust litigation
IV.
X no
VI.
yes If "yes," list all related cases by name, case number, and court.
VII.
yes
X no
Signatu
Attorney or party
0029364
(Bar # if attorney)
Danielle N. Parsons
960921
12-02121-2