((ourt of jflortba

MONDAY, MARCH 12,2012

CASE NO.: SC11-1622
Lower Tribunal No(s).: 2D10-5197,
05-CA-7205
NEIL J. GILLESPIE vs. BARKER, RODEMS &
COOK, ET AL.
Petitioner(s) Respondent(s)
The petitioner has filed a petition for writ of mandamus with the Court. To
the extent the petitioner seeks a writ of mandamus directed towards the district
court, the petition is denied because a writ of mandamus cannot be issued to direct
the manner in which a court shall act in the lawful exercise of its jurisdiction. State
ex reI. North St. Lucie River Drainage Dist. v. Kanner, 11 So. 2d 889, 890 (Fla.
1943); see also Migliore v. City of Lauderhill, 415 So. 2d 62,63 (Fla. 4th DCA
1982) (stating that mandamus "is not an appropriate vehicle for review of a merely
erroneous decision nor is it proper to mandate the doing (or undoing) of a
discretionary act"), approved, 431 So. 2d 986 (Fla. 1983). To the extent the
petitioner seeks any additional relief, the petition is dismissed as facially
insufficient.
PARIENTE, LEWIS, QUINCE, LABARGA, and PERRY, J1., concur.
A True Copy
Test:

Clerk, Supreme Com1
kb
Served:
NEIL 1. GILLESPIE /
RYAN CHRISTOPHER RODEMS
HON. PAT FRANK, CLERK
HON. JAMES BIRKHOLD, CLERK
((ourt of jfloriba
TUESDAY, MAY 22, 2012
CASE NO.: SC 11-1622
Lower Tribunal No(s).: 2D10-5197,05-CA-7205
NEIL J. GILLESPIE vs. BARKER, RODEMS & COOK,
ET AL.
Petitioner(s) Respondent(s)
Petitioner's "Motion for Leave to File a Proper Motion for Reconsideration
on Single Issue" has been treated as a Motion for Extension of Time to file a
Motion for Rehearing, and said motion is hereby denied.
Petitioner's Addendum, Request to Toll Time, Amended Certificate of
Service" has been treated as a Motion to Toll Time, and said motion is denied.
A True Copy
Test:

Clerk Supreme Comt
ab
Served:
NEIL 1. GILLESPIE
RYAN CHRISTOPHER RODEMS
HON. PAT FRANK, CLERK
HON. JAMES BIRKHOLD, CLERK

Case Number: SC11-1622 - Closed
NEIL J. GILLESPIE vs. BARKER, RODEMS & COOK, ET AL.
Lower Tribunal Case(s): 2D10-5197, 05-CA-7205
05/26/2012 12:08
Date
Docketed Description Filed By Notes
08/08/2011 PETITION-MANDAMUS PS Neil J. Gillespie BY: PS Neil J.
Gillespie
FILED AS A NOTICE OF APPEAL &
TREATED AS A PETITION FOR WRIT
OF MANDAMUS
08/22/2011 No Fee - Insolvent INSOLVENT BELOW
08/22/2011 ORDER-PROPER PETITION Petitioner's Notice of Appeal, filed in this
Court on August 8, 2011, has been treated
as a petition for writ of mandamus seeking
reinstatement of the proceedings in the
district court of appeal below. Petitioner is
allowed to and including September 12,
2011, in which to file a proper petition for
writ of mandamus; that complies with
Florida Rule of Appellate Procedure
9.100, addressing why the proceedings in
the district court of appeal should not have
been dismissed. The failure to file a proper
petition with this Court within the time
provided could result in the imposition of
sanctions, including dismissal of this case.
See Fla. R. App. P. 9.410. Please
understand that once this case is dismissed,
it may not be subject to reinstatement.
08/31/2011 MOTION-EXT OF TIME (MISC) PS Neil J. Gillespie BY: PS Neil J.
Gillespie
TO FILE PETITION FOR WRIT OF
MANDAMUS
Florida Supreme Court Case Docket http://jweb.flcourts.org/pls/docket/ds_docket
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Date
Docketed Description Filed By Notes
08/31/2011 APPENDIX PS Neil J. Gillespie BY: PS Neil J.
Gillespie
TO MOTION FOR EXTENSION OF
TIME TO FILE PETITION FOR WRIT OF
MANDAMUS
10/06/2011 ORDER-EXT OF TIME GR
(MISC)
Petitioner's motion for extension of time is
granted and petitioner is allowed to and
including November 7, 2011, in which to
serve the proper petition for writ of
mandamus.
11/02/2011 MOTION-EXT OF TIME (MISC) PS Neil J. Gillespie BY: PS Neil J.
Gillespie
TO FILE PETITION FOR WRIT OF
MANDAMUS (W/ATTACHMENT)
12/06/2011 ORDER-EXT OF TIME GR
(MISC)
Petitioner's motion for extension of time is
granted and petitioner is allowed to and
including December 27, 2011, in which to
serve the proper petition for writ of
mandamus.
12/21/2011 MOTION-EXT OF TIME (MISC) PS Neil J. Gillespie BY: PS Neil J.
Gillespie

01/05/2012 MOTION-TOLL TIME PS Neil J. Gillespie BY: PS Neil J.
Gillespie
FILED AS "ADDENDUM TO
PETITIONER'S MOTION FOR
EXTENSION OF TIME TO FILE
PETITION FOR WRIT OF MANDAMUS
BELATED SEPARATE REQUEST TO
TOLL TIME" 01/10/2012: AMENDED
ADDENDUM FILED
01/09/2012 PROPER PETITION PS Neil J. Gillespie BY: PS Neil J.
Gillespie
FILED AS "PETITION FOR WRIT OF
MANDAMUS"
01/09/2012 APPENDIX-PETITION PS Neil J. Gillespie BY: PS Neil J.
Gillespie
TO PROPER PETITION (3 WALLETS OF
APPENDICES, LIST OF APENDIXES &
VOLUMES 1-16; 20 TOTAL VOLUMES
W/CD)
01/11/2012 CERTIFICATE OF SERVICE FILED AS "PETITION FOR WRIT OF
MANDAMUS CERTIFICATE OF
SERVICE" PS Neil J. Gillespie BY: PS
Neil J. Gillespie
01/18/2012 ORDER-EXT OF TIME GR
(MISC)
Petitioner's motion for extension of time is
granted and petitioner's Petition for Writ of
Mandamus was filed with this Court on
January 9, 2012.
03/12/2012 DISP-DENY/DISMISS IN PART The petitioner has filed a petition for writ
of mandamus with the Court. To the extent
the petitioner seeks a writ of mandamus
directed towards the district court, the
petition is denied because a writ of
mandamus cannot be issued to direct the
manner in which a court shall act in the
lawful exercise of its jurisdiction. State ex
rel. North St. Lucie River Drainage Dist. v.
Kanner, 11 So. 2d 889, 890 (Fla. 1943);
see also Migliore v. City of Lauderhill, 415
So. 2d 62, 63 (Fla. 4th DCA 1982) (stating
that mandamus "is not an appropriate
vehicle for review of a merely erroneous
decision nor is it proper to mandate the
doing (or undoing) of a discretionary act"),
approved, 431 So. 2d 986 (Fla. 1983). To
the extent the petitioner seeks any
additional relief, the petition is dismissed
Florida Supreme Court Case Docket http://jweb.flcourts.org/pls/docket/ds_docket
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Date
Docketed Description Filed By Notes
as facially insufficient.
03/21/2012 MOTION-EXT OF TIME
(REHEARING/REINSTATEMENT)
PS Neil J. Gillespie BY: PS Neil J.
Gillespie
(RC) FILED AS "PETITIONER'S
MOTION FOR LEAVE TO FILE A
PROPER MOTION FOR
RECONSIDERATION ON SINGLE
ISSUE"
03/26/2012 MOTION-TOLL TIME PS Neil J. Gillespie BY: PS Neil J.
Gillespie
FILED AS "ADDENDUM, REQUEST TO
TOLL TIME, AMENDED CERTIFICATE
OF SERVICE"
05/22/2012 ORDER-EXT OF TIME DY
(REHEARING/REINSTATEMENT)
Petitioner's "Motion for Leave to File a
Proper Motion for Reconsideration on
Single Issue" has been treated as a Motion
for Extension of Time to file a Motion for
Rehearing, and said motion is hereby
denied. Petitioner's Addendum, Request to
Toll Time, Amended Certificate of
Service" has been treated as a Motion to
Toll Time, and said motion is denied.
Florida Supreme Court Case Docket http://jweb.flcourts.org/pls/docket/ds_docket
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