Académique Documents
Professionnel Documents
Culture Documents
November 30, 2016 - - Brewer Notice - - to make a record in the following matter:
Re: Complaint of Neil J. Gillespie; Curtis Alan Wilson; RFA No. 15-13443
Attorney discipline by suspension or disbarment protects the public from bad lawyers
Dear Mr. Harkness and Ms. Goodson,
This is not a request for review by Shanell Schuyler et al.
My complaint against Curtis Alan Wilson was limited to matters of discipline of attorneys
(ethics) admitted to practice in Florida. Article V, Section 15, of the Florida Constitution states,
SECTION 15. Attorneys; admission and discipline.The supreme court shall have
exclusive jurisdiction to regulate the admission of persons to the practice of law and the
discipline of persons admitted.
The Florida Supreme Court has exclusive jurisdiction to discipline persons admitted to practice law
My complaint did not ask The Florida Bar to intervene in my case, or take action in any case.
My complaint did not ask The Florida Bar to act as the state attorney, or the attorney general.
My complaint did not ask The Florida Bar to investigate/discipline judges, or act as the JQC.
My complaint did not ask The Florida Bar to address any legal issues, only misconduct (ethics).
Rule 3-4.3, Misconduct and Minor Misconduct states:
The standards of professional conduct to be observed by members of the bar are not
limited to the observance of rules and avoidance of prohibited acts, and the enumeration
herein of certain categories of misconduct as constituting grounds for discipline shall not
be deemed to be all-inclusive nor shall the failure to specify any particular act of
misconduct be construed as tolerance thereof. The commission by a lawyer of any act
that is unlawful or contrary to honesty and justice, whether the act is committed in the
course of the attorney's relations as an attorney or otherwise, whether committed within
or outside the state of Florida, and whether or not the act is a felony or misdemeanor,
may constitute a cause for discipline.
See for example, The Florida Bar v. Donald Joseph Thomas, Supreme Court Case No.
SC10-944, and The Florida Bar File No. 2010-51,555(15G).
Under penalties of perjury, I declare that the foregoing facts are true, correct and complete.
Sincerely,
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Neil J Gillespie
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Enclosures
EXECUTIVE DIRECTOR
850/561-5600
WWW.FLORIDABAR.ORG
February 18,2015
. :. ".'.0-1-.'' . "n,
'I
~
'I
nt
"
,.
~G"lS.P(JII8.
~ll%~
~"'Q~ THE FLORIDA
:;~
~
~o
i
..".;
'>+Q PROFf.':l90~
651
BAR
02/20/2015
TALLAHASSEE,
C ~PS-l-
Hasler
m:1il~it!Cl;l
FL 32399-2300
. ..
~:;f:i1"C
.~ .
Ii
..
-,
3448153567 ROc?
"""""""'"",.
ifi!=
M 4.;
Q.
-c,
_;~
ss
'~~
L.
$00.48 2
ZiP 32399
011 D'1 "163724E
INQUIRy/COMPLAINT FORM
PART ONE (See PaRe 1, PART ONE - Required Information.):
Your Name: Neil J Gillespie
Organization: _n/_a
Address: 8092 SW 115th Loop
City: Ocala
Zip Code: 34481
_
State: FL
State: ~
Telephone: 407-674-1850
Phone: 352-854-7807
Email: neilgillespie@mfi.net
ACAP Reference No.n/a- - - - - - - - -
PART TWO (See Pa2e 1. PART TWO - Facts/Alleeations.): The specific thin~ or thin~s I am complaining about are:
See attached.
PART THREE (See Page 1, PART THREE - Witnesses.): The witnesses in support of my allegations are: [see attached
sheet].
PART FOUR (See Page 1, PART FOUR - Signature.): Under penalties ofperjury, I declare that theforegoing facts are
true, correct and complete.
February 6, 2015
Adria E Quintela, Director of Lawyer Regulation
The Florida Bar
1300 Concord Ter Ste 130
Sunrise, FL 33323-2899
Email to: aquintel@flabar.org
February 6, 2015
Page - 2
note secured by the mortgage; or (2) allege with specificity the factual basis by which the
claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes.
Nothing in the Verified Complaint shows the Plaintiff is the holder of the original note secured
by the mortgage; Nothing in the Complaint alleges with specificity the factual basis by which
the claimant is a person entitled to enforce the note under section 673.3011, Florida Statutes.
Likewise, the Complaint failed to meet the other requirements of Rule 1.115:
(b) Delegated Claim for Relief.
(c) Possession of Original Promissory Note.
(d) Lost, Destroyed, or Stolen Instrument.
(e) Verification.
Mr. Wilson violated Bar Rule 4-3.3(a)(3) when he failed to disclose to the tribunal legal
authority in the controlling jurisdiction known to the lawyer to be directly adverse to the
position of the client and not disclosed by opposing counsel. Rule 4-3.3(d) Extent of Lawyer's
Duties. The duties stated in this rule continue beyond the conclusion of the proceeding and apply
even if compliance requires disclosure of information otherwise protected by rule 4-1.6.
3.
Mr. Wilson and Judge Stancil failed to conduct a case management conference as
provided by Rule 1.200, Pretrial Procedure. Instead Mr. Curtis and Judge Stancil concocted a
motion to hear all motions, contrary to the Fla. R. Civ. Pro. 1.100(b) that requires, All notices of
hearing shall specify each motion or other matter to be heard.
Enclosed you will find as addressed to me and received in the mail from Ms. Parsons,
PLAINTIFF'S MOTION TO SET A CASE MANAGEMENT CONFERENCE
ORDER ON PLAINTIFF'S MOTION TO SET A CASE MANAGEMENT CONFERENCE
The Order On Plaintiffs Motion to Set a Case Management Conference was not entered by
Judge Stancil, that I know of.
This matter came to be considered by the Court upon Plaintiff's Motion for Case
Management Conference pursuant to Florida Rule of Civil Procedure 1.200 and Fla. R.
Jud. Admin. 2.215(b)(3); Fla. R. Jud. Admin. 2.545(b)(3) it is
ORDERED as follows:
1.
CASE MANAGEMENT CONFERENCE: A Case Management
Conference is set for ________________ , 2014 AT A.M./P.M.
2.
All pending motions will be heard. All counsel and parties shall be present
before the Court at the Case Management Conference, or the court will schedule a future
hearing for pending motions at that time.
Fla. R. Civ. Pro. 1.100(b) that requires, All notices of hearing shall specify each motion or other
matter to be heard.
February 6, 2015
Page - 3
Plaintiffs Motion respectfully requests this Honorable Court enter an Order, setting a case
management conference and/or an all pending Motions hearing and grant such other and further
relief this Court deems just and appropriate. does not comply with Fla. R. Civ. Pro. 1.100(b)
that requires, All notices of hearing shall specify each motion or other matter to be heard.
Plaintiffs Motion and the proposed Order each have attached a service list showing Unknown
Spouse of Elizabeth Bauerle, but no showing of service to
UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997;
UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF UNKNOWN
SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997
Yet somehow Judge Stancil entered an Order January 6, 2015 with service to Unknown Spouse
of Elizabeth Bauerle knowingly sent to a bad address, and service to,
UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997;
Mr. Wilson failed to follow the procedure for constructive service of process for,
UNKNOWN SPOUSE OF ELIZABETH BAUERLE
UNKNOWN SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING
TRUST AGREEMENT DATED FEBRUARY 10, 1997;
UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF UNKNOWN
SETTLORS/BENEFICIARIES OF THE GILLESPIE FAMILY LIVING TRUST
AGREEMENT DATED FEBRUARY 10, 1997
Mr. Wilson failed to move the Court for appointment of a representative for unknown parties.
Judge Stancil stated in open court December 18, 2014 that only a lawyer can represent a trust,
but no lawyer was appointed to represent the unknown parties on December 18, 2014.
Conclusion
Mr. Curtis violated the Rules of Professional Conduct cited above. Mr. Wilson failed to report
judicial misconduct of Judge Stancil.
Rule 4-8.3 Reporting Professional Misconduct
(b) Reporting Misconduct of Judges. A lawyer who knows that a judge has committed a
violation of applicable rules of judicial conduct that raises a substantial question as to the
judge's fitness for office shall inform the appropriate authority.
February 6, 2015
Page - 4
Neil J. Gillespie
8092 SW 115th Loop
Ocala, Florida 34481
Telephone: 352-854-7807
Email: neilgillespie@mfi.net
Enclosures:
1.
2.
3.
4.
Temecula, CA 92589-9113
2287533293
PRESORT
First-Class Mail
Fees Paid
WSO
Suite 660
Orlando, FL 32801
20140812-197
1111 II 11111111111111111111111111111111111111111111111111111111111
Neil J. Gillespie
OCALA, FL 34481-3567
NOH
2287533293
COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. 42..2013-CA-000115-AXXX-XX
REVERSE
INC.,
MORTGAGE
SOLUTIONS,
Plaintiff,
vs.
NEIL J. GILLESPIE AND MARK
GILLESPIE AS CO-TRUSTEES OF THE
--~-----~------
hereby files this Motion and Order, setting Case Management Conference pursuant to Florida Rule of
Civil Procedure 1.200 and states as follows:
1.
43 .26(e), Florida Statutes, the chiefjudge of each circuit is charged with the authority and
power to do everything necessary to promote the prompt and efficient administration ofjustice.
43.26(e), Florida Statutes (2013).
2.
2.545(b)(3), this Court is authorized to develop an administrative plan for the efficient and
proper administration of its cases and implement policies to advance priority cases to ensure
prompt resolution. Fla. R. Iud. Admin. 2.215(b)(3); Fla. R. Jud. Admin. 2.545(b)(3).
3205251
12-02121-2
3.
J.
3205251
12-02121-2
CERTIFICATE OF SERVICE
I ~EREBY CERTIFY that a true and correct copy of the foregoing was: [check all used] (,{E
mailed (1 Mailed this ~ day ofAugust, 2014, to all parties on the attached service list.
Qal, Run Honleowners Association, Inc.
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney (Counsel of United States ofAnlerica, on behalf
of the Secretary of Housing and Urban Development)
400 N . Tampa Street, Suite 3200
Tampa, FL 33602
USAFLM.HUD.. Disclaimers@usdoj.gov
Michalene. ~Rowells@hud.gov
Neil J. Gillespie
8092 SW 115TH Loop
Ocala, FL 34481
Unknown Spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Mark.gillespie@att.net
Elizabeth Bauerle
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Mark.gillespie@attnet
3205251
12-02121-2
Mark Gillespie
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Mark.gillespie@att.net
3205251
12-02121..2
COUNTY
GENERAL JURISDICTION DIVISION
CASE NO. 42-20 13-CA-OOO 115-AXXX-XX
REVERSE
MORTGAGE
SOLUTIONS,
INC.,
Plaintiff,
vs.
NEIL J. GILLESPIE ANI) MARK
GILLESPIE AS CO-TRUSTEES OF THE
GILLESPIE FAMILY LIVING TRUST
AGRpEMENT DATED FEBRUARY 10,
1997, et at,
Defendants.
/
ORDER ON PLAINTIFF'S MOTION TO SET A CASE MANAGEMENT CONFERENCE
This matter came to be considered by the Court upon Plaintiff's Motion for Case Management
Conference pursuant to Florida Rule of Civil Procedure 1.200 and Fla. R. Jud. Admin. 2.215(b)(3);
Fla. R. Jud. Admin. 2.545(b)(3) it is
ORDERED as follows:
1.
----...----
, 2014 AT
A.M./P.M.
2.
All pending motions will be heard. All counsel and parties shall be present before the
Court at the Case Management Conference, or the court will schedule a future hearing for pending
motions at that time.
DONE AND ORDERED at Marion County, Florida, this _ _ day of
, 2014.
CIRCUIT mDGE
Copies to parties on the attached service list.
3205251
12-02121-2
SERVICE LIST
Mark Gillespie
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Mark.gillespie@att.net
3205251
12-02121-2
CASE NO.42-2013-CA-000115-AXXX-X
0,
,
4*
k;2 ,
e
Ay P /
0/> o/.
Ateje,.
/.
roC;70.)4
6"f/i rf:04
Plaintiff,
vs.
2.
3.
4.
3668863
`
z
12-02121-2
SERVICE LIST
MCCALLA RAYMER, LLC
225 E. ROBINSON ST. SUITE 660
ORLANDO, FL 32801
Oak Run Homeowners Association, Inc.
7480 SW Highway 200
Ocala, FL 34476
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
Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie
7504 Summer Meadows Drive
Ft. Worth, TX 76123
Development & Construction Corporation of America
do Registered Agent: Priya Ghumman
10983 SW 89 Avenue
Ocala, FL 34481
Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated February 10,
1997
8092 SW 115TH LOOP
OCALA, FL 34481
Elizabeth Bauerle n/k/a Elizabeth Bidwood
7504 Summer Meadow Drive
Ft. Worth, TX 76123
Unknown spouse of Elizabeth Bauerle
6356 SW 106th Place.
Ocala, FL 34476
Colleen Murphy Davis, Assistant United States Attorney(Counsel of United States of America on Behalf
of the Secretary of Housing and Urban Development)
400 N. Tampa Street, Suite 3200
Tampa, FL 33602
USAFLM.HUD.Disclaimers@usdoj.gov
Michalene.Y.Rowells@hud.gov
3668863
12-02121-2
Mark Gillespie
7504 Summer MeaclOws Drive
Ft. Worth, TX 76123
Neil J. Gillespie
8092 SW 115TH LOOP
OCALA, FL 34481
neilgillespie@mfi.nei
D.0
3668863
12-02121-2