Filing # 54774550 E-Filed 04/07/2017 09:38:57 AM

FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA
RECEIVED, 7/21/2017 11:50 AM, Joanne P. Simmons, Fifth District Court of Appeal

NEIL J. GILLESPIE,
I)JDIVIDUALLY AND AS

FORMER TRUSTEE OF

THE TERMINATED

GILLESPIE FAMILY LIVING

TRUST AGREEMENT,

Petitioners,
PETITION NO. _
L.T. NO.: 2013-CA-00115
v.

• REVERSE MORTGAGE

SOLUTIONS, INC., [RMS]

• OAK RUN HOMEOW1'-rERS

ASSOCIATION, INC.; [ORHA]

• UNITED STATES OF AlV[ERICA,

ON BEHALF OF THE SECRETARY

OF HOUSING AND URBAN

DEVELOPMENT; [HUD or SECRETARY]

• ELIZABETH BAUERLE;
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION

CORPORATION OF AlVrERICA; [DECCA]

• UNKNOWN SPOUSE OF ELIZABETH

BAUERLE; [n.k.a. Scott Bidgood)

• UNKNOWN SPOUSE OF MARK

GILLESPIE; [n.k.a. Joetta Gillespie]

• UNKNOWN SETTLERS/BENEFICIARIES

OF THE GILLESPIE FAMILY LIVING TRUST

AGREEMENT DATED FEBRUARY 10,1997; [NONE]

• UNKNOW1-...r TRUSTEES, SETTLERS AND

BENEFICIARIES OF UNKNOWN SETTLERS/

BENEFICIARIES OF THE GILLESPIE FAMILY

LIVING TRUST AGREEMENT DATED

Electronically Filed Marion Case # 13CA000115AX 04/07/2017 09:38:57 AM

Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs

FEBRUARY 10, 1997; [NONE]

• UNKNOWN TENANT IN POSSESSION 1 [NONE] and
• UNKNOWN TENANT IN POSSESSION 2 [NONE]

Respondents.

Petition for Writ of Prohibition - A Case of Original Jurisdiction

To Remove Marion County Circuit Court Judge Ann Melinda Craggs

1. Petitioner Neil 1. Gillespie, individually, and as former Trustee (F.S. Ch. 736

Part III) of the terminated Gillespie Family Living Trust Agreement Dated

February 10, 1997 ("Terminated Trust"), an indigent non-lawyer, unable to obtain

adequate counsel, a consumer of legal and court services affecting interstate

commerce, a consumer of personal, family and household goods and services,

consumer transactions in interstate commerce, a person with disabilities, and a

vulnerable adult, henceforth in the first person, reluctantly appears pro se, and

petitions this Court for a Writ of Prohibition to remove Marion County Circuit

Court Judge Ann Melinda Craggs ("Judge Craggs") as judge in Lower Tribunal

No. 2013-CA-OOl15, Marion County Circuit Court, Fifth Judicial Circuit, Florida.

Jurisdiction

2. This Court has jurisdiction under the Constitution of Florida, Article V,

Section 4, District courts of appeal (b) Jurisdiction (3) A district court ofappeal

may issue writs ofmandamus, certiorari, prohibition, quo warranto, and other

writs necessary to the complete exercise ofits jurisdiction.

2
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs

The Florida Rules of Appellate Procedure, Rule 9.030(b) Jurisdiction of

District Courts of Appeal, and (3) Original Jurisdiction,

(3) Original Jurisdiction. District courts of appeal may issue writs of

mandamus, prohibition, quo warranto, and common law certiorari, and all
writs necessary to the complete exercise of the courts' jurisdiction; or any
judge thereof may issue writs of habeas corpus returnable before the court or
any judge thereof, or before any circuit judge within the territorial
jurisdiction of the court.

3. RULE 9.100. ORIGINAL PROCEEDINGS

(a) Applicability. This rule applies to those proceedings that invoke the
jurisdiction of the courts described in rules 9.030(a)(3), (b)(2), (b)(3), (c)(2),
and (c)(3) for the issuance of writs of mandamus, prohibition, quo warranto,
certiorari, and habeas corpus, and all writs necessary to the complete
exercise of the courts' jurisdiction; and for review of non-final
administrative action.

(e) Petitions for Writs of Mandamus and Prohibition Directed to a

Judge or Lower Tribunal. When a petition for a writ of mandamus or
prohibition seeks a writ directed to a judge or lower tribunal, the following
procedures apply:

(1) Caption. The name of the judge or lower tribunal shall be omitted
from the caption. The caption shall bear the name of the petitioner and
other parties to the proceeding in the lower tribunal who are not
petitioners shall be named in the caption as respondents.

(2) Parties. The judge or the lower tribunal is a formal party to the
petition for mandamus or prohibition and must be named as such in
the body of the petition (but not in the caption). The petition must be
served on all parties, including any judge or lower tribunal who is a
formal party to the petition.

(3) Response. Following the issuance of an order pursuant to

subdivision (h), the responsibility for responding to a petition is that
of the litigant opposing the relief requested in the petition. Unless

Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017

To Remove Marion County Circuit Court Judge Ann Melinda Craggs

otherwise specifically ordered, the judge or lower tribunal has no

obligation to file a response. The judge or lower tribunal retains the
discretion to file a separate response should the judge or lower
tribunal choose to do so. The absence of a separate response by the
judge or lower tribunal shall not be deemed to admit the allegations of
the petition.

(g) Petition. The caption shall contain the name of the court and the name
and designation of all parties on each side. The petition shall not exceed 50
pages in length and shall contain

( I) the basis for invoking the jurisdiction of the court;

(2) the facts on which the petitioner relies;
(3) the nature of the relief sought; and
(4) argument in support of the petition and appropriate citations of
authority.

If the petition seeks an order directed to a lower tribunal, the petition shall be
accompanied by an appendix as prescribed by rule 9.220, and the petition
shall contain references to the appropriate pages of the supporting appendix.

PARTIES - RULE 9.100(2)

4. Petitioners: Neil 1. Gillespie, Individually, And As Former Trustee Of The

Terminated Gillespie Family Living Trust Agreement Dated February 10, 1997.

5. Respondents: Rule 2.516(c) Service; Numerous Defendants. In actions when the

parties are unusually numerous, the court may regulate the service contemplated by
these rules on motion or on its own initiative in such manner as may be found to be
just and reasonable. (The Court failed to do so; counsel failed to motion the Court).

• Marion County Circuit Court Judge Ann Melinda Craggs (Judge Craggs), Fifth
Judicial Circuit, Florida, presiding in L.T. No. 20l3-CA-00115;
• Marion County Circuit Court Case No. 2013-CA-OOl15;
• David R. Ellspermann, Marion County Clerk of Court & Comptroller;
• REVERSE MORTGAGE SOLUTIONS, INC.; [RMS]
• OAK RUN HOMEOWNERS ASSOCIATION, INC.; [ORHA]
• UNITED STATES OF AMERICA, ON BEHALF OF THE SECRETARY OF
HOUSING AND URBAN DEVELOPIVIENT; [HUD or SECRETARY]

4
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs

• ELIZABETH BAUERLE;
• MARK GILLESPIE;
• DEVELOPMENT & CONSTRUCTION CORPORATION OF AMERICA;
[DECCA]
• UNKNOWN SPOUSE OF ELIZABETH BAUERLE; [n.k.a. Scott Bidgood)
• UNKNOWN SPOUSE OF MARK GILLESPIE; [n.k.a. Joetta Gillespie]
• UNKNOWN SETTLERS/BENEFICIARIES OF THE GILLESPIE FAMIL Y
LIVING TRUST AGREEMENT DATED FEBRUARY 10,1997; [NONE]
• UNKNOWN TRUSTEES, SETTLERS AND BENEFICIARIES OF
UNKNOWN SETTLERS/ BENEFICIARIES OF THE GILLESPIE FANIILY
LIVING TRUST AGREEMENT DATED FEBRUARY 10, 1997; [NONE]
• UNKNOWN TENANT IN POSSESSION 1 [NONE] and
• UNKNOWN TENANT IN POSSESSION 2 [NONE]

PETITION - RULE 9.1 OO(g)

6. RULE 9.1 OO(g)( 1) the basis for invoking the jurisdiction of the court;

See' 2; Fla. Const., Art. V, Sec. 4, (b )(3), Fla. R. App. Pro. 9.030(b )(3)

7. RULE 9.1 00(g)(2) the facts on which the petitioner relies;

• Judge Craggs wrongly denied two legally sufficient motions to disqualify

her as trial judge:

APPENDIX A, VERIFIED MOTION TO DISQUALIFY CIRCUIT

JUDGE ANN MELINDA CRAGGS, Filing # 49329068 E-Filed 11/28/2016
02:47:59 PM, provided under Rule 9.220, Fla. R. App. Pro.

APPENDIX B, SECOND VERIFIED MOTION TO DISQUALIFY

CIRCUIT JUDGE ANN MELINDA CRAGGS, Filing # 49423621 E-Filed
11130/2016 10:09: 13 AM, provided under Rule 9.220, Fla. R. App. Pro.

• Judge Craggs wrongly took issue with motions to disqualify her at the
Case Management held November 28, 2016; see,

APPENDIX E, JUDICIAL DISQUALIFICATION - MEMORANDUM OF LAW

Section IV Judicial determination of initial motion, see paragraphs 22-32.

Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017

To Remove Marion County Circuit Court Judge Ann Melinda Craggs

22. The judge against whom an initial motion to disqualify us directed shall
determine only the legal sufficiency if the motion an shall not pass on the
truth of the facts alleged. Fla. R. Judicial Admin. 2.330(f).

23. No other reason for denial shall be stated, and an order of denial shall not
take issue with the motion. Fla. R. Judicial Admin. 2.330(f).

24. Accordingly, a judge may not rule on the truth of the facts alleged or
address the substantive issues raised by the motion but may only determine
the legal sufficiency of the motion. Knarich v. State, 866 So.2d 165 (Fla.
Dist. Ct. App. 2d Dist. 2004).

25. In determining whether the allegations that movant will not receive a fair
trial so as to disqualify a judge are sufficient, the facts alleged must be taken
as true (Frengel v. Frengel, 880 So.2d 763, Fla.App. 2 Dist.,2004), and must
be viewed from the movant's perspective. Siegel v. State, 861 So.2d 90,
Fla.App. 4 Dist., 2003.

26. Case law forbids trial judges to refute facts set forth in a motion to
disqualify, and their doing so will result injudicial disqualification
irrespective of the facial sufficiency of the underlying claim. Brinson v.
State, 789 So.2d 1125, Fla.App. 2 Dis!., 200 I.

27. A trial judge's attempt to refute charges of partiality thus exceeds the
scope of inquiry on a motion to disqualify and alone establishes grounds for
disqualification. J & J Industries, Inc. v. Carpet Showcase of Tampa Bay,
Inc., 723 SO.2d 281, Fla.App. 2 Dist., 1998.

28. Whether the motion is legally sufficient is a pure question of law; it

follows that the proper standard of review is the de novo standard (Sume v.
State, 773 So.2d 600 Fla.App. 1 Dist., 2000) and an order denying a motion
to disqualify a trial judge is reviewed for abuse of discretion. King v. State,
840 So.2d 1047, Fla., 2003.

29. Once a motion for disqualification has been filed, no further action can
be taken by the trial court, even if the trial court is not aware of the pending
motion. Brown v. State 863 So.2d 1274, Fla.App. I Dist., 2004.

Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7,2017

To Remove Marion County Circuit Court Judge Ann Melinda Craggs

30. A judge presented with a motion to disqualify him-or-herself must rule

upon the sufficiency of the motion immediately and may not consider other
matters before considering the disqualification motion. Brown v. State 863
SO.2d 1274, Fla.App. 1 Dist.,2004.

31. The court is required to rule immediately on the motion to disqualify the
judge, even though the movant does not request a hearing. Fuster-Escalona
v. Wisotsky, 781 SO.2d 1063, Fla., 2000.

32. The rule places the burden on the judge to rule immediately, the movant is
not required to nudge the judge nor petition for a writ of mandamus. G.c. v.
Department of Children and Families, 804 So.2d 525 Fla.App. 5 Dist., 2002.

• Judge Craggs wrongly denied two legally sufficient motions to

disqualify, and contemporaneously wrongly entered the orders;

On November 28,2016 at the start of the Case Management there were two

outstanding motions to disqualify Judge Craggs. Because existing law requires a

judge to immediately rule on a motion to disqualify before proceeding further, the

second motion to disqualify Judge Craggs would prevent her from ruling on the

first motion, thereby granting the motion to disqualify. The Judge is disqualified.

See, APPENDIX E, JUDICIAL DISQUALIFICATION - MEMORANDUM OF

LAW Section IV Judicial determination of initial motion, see paragraphs 22-32.

• Judge Craggs failed to obey AO A-20D-56, see,

INSTRUCTION TO THE CLERK ADMINISTRATIVE ORDER A-20l3-56

Filing # 54155368 E-Filed 03/23/2017 11 :55:23 PM

• Judge Craggs wrongly dismissed my court reporter, Cynthia Hanson,

PRP, whom I hired through US Legal Support;

Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017

To Remove Marion County Circuit Court Judge Ann Melinda Craggs

Administrative Order A-20 10-0 l-C states a court reporter must be approved

by the Administrative Office of the Court in order to make a record of a court

proceeding for which the court does not provide a record. But the Administrative

Office of the Court does not actually approve court reporters. There is no list of

court reporters approved by the Administrative Office of the Court. Therefore,

Chief Judge Briggs has essentially banned the use of court reporters order to make

a record of a court proceeding for which the court does not provide a record.

The Court Reporting process in the Fifth Judicial Circuit is designed to

prevent a party who wishes to make a record, from making a record, of a court

proceeding for which the court does not provide a record. Without an official

record, a corrupt trial judge is free to falsify what happened. Whenever any officer

of the court commits fraud during a proceeding in the court, he/she is engaged in

"fraud upon the court". "Fraud upon the court is fraud which is directed to the

judicial machinery itself..." Bulloch v. United States, 763 F.2d 1115, 1121 (10th

Cir. 1985). This issue is separate from disqualification and will appear separately.

NOTICE OF FRAUD UPON THE COURT - COURT REPORTING

IN THE FLORIDA FIFTH JUDICIAL CIRCUIT AO: A-2010-01-C

• Judge Craggs failed to timely rule on motions other than to disqualify;

APPENDIX C, DEFENDANTS' MOTION TO CANCEL HEARING SET

FOR NOVEMBER 28,2016, Filing # 49223578 E-Filed 11/22/2016
03 :48:52 PM, provided under Rule 9.220, Fla. R. App. Pro.

Petition for Writ of Prohibition .. A Case of Original Jurisdiction April 7, 2017

To Remove Marion County Circuit Court Judge Ann Melinda Craggs

APPENDIX D, DEFENDANTS' SECOND MOTION TO CANCEL

HEARING SET FOR NOVEMBER 28,2016 ABATE THIS ACTION, Fla.
R. Civ. Pro. 1.100(c)(2); AND MOTION TO DISQUALIFY MCCALLA
RAYMER PIERCE LLC AND ALL ITS LAWYERS AS COUNSEL FOR
PLAINTIFF, Filing # 49296630 E-Filed 11/28/201608: 16:25 AM, provided
under Rule 9.220, Fla. R. App. Pro.

• Judge Craggs committedfi-aud upon the court;

"Fraud upon the court is an egregious offense against the integrity of the

judicial system and is more than a simple assertion of facts in a pleading which

might later fail for lack of proof." Wells Fargo Bank, N.A. v. Reeves, 92 So. 3d

249,252 (Fla. 1st DCA 2012). "The integrity of the civil litigation process depends

on truthful disclosure of facts. A system that depends on an adversary's ability to

uncover falsehoods is doomed to failure, which is why this kind of conduct must

be discouraged in the strongest possible way.... This is an area where the trial

court is and should be vested with discretion to fashion the apt remedy." Cox v.

Burke, 706 So. 2d 43, 47 (Fla. 5th DCA 1998).

• Judge Craggs usurped jurisdiction of the Backlog Foreclosure Program;

This is a foreclosure case, and governed by the Backlog Foreclosure Program, see
Administrative Order No. A-2016-22.

• Judge Craggs failed to provide disability accommodation, or a hearing,

APPENDIX D, DEFENDANTS' SECOND MOTION TO CANCEL

HEARING SET FOR NOVEMBER 28, 2016 ABATE THIS ACTION, Fla.
R. Civ. Pro. 1.100(c)(2); AND MOTION TO DISQUALIFY MCCALLA
RA YiVIER PIERCE LLC AND ALL ITS LA WYERS AS COUNSEL FOR
PLAINTIFF Filing # 49296630 E-Filed 11/28/201608: 16:25 AM

Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017

To Remove Marion County Circuit Court Judge Ann Melinda Craggs

• Judge Craggs failed to disqualify Plaintiffs Counselor hear my motion

to disqualify Plaintiff s Counsel, see,

APPENDIX D, DEFENDANTS' SECOND MOTION TO CANCEL

HEARING SET FOR NOVEMBER 28, 2016 ABATE THIS ACTION, Fla.
R. Civ. Pro. l.l00(c)(2); AND MOTION TO DISQUALIFY MCCALLA
RAYMER PIERCE LLC AND ALL ITS LAWYERS AS COUNSEL FOR
PLAINTIFF Filing # 49296630 E-Filed 11/28/201608: 16:25 AM

• Judge Craggs failed to lawfully win reelection in 2016, see,

APPENDIX F, NOTICE OF REFILING FEDERAL CIVIL RIGHTS

COMPLAINT DUE TO Official Misconduct By David R. Ellspermann
Marion County Clerk of Court and Comptroller

8. RULE 9.l00(g)(3) the nature of the relief sought;

• Removal of Judge Craggs as trial judge in L.T. No. 20 13-CA-00 115.

• Separately and in addition to removal of Judge Craggs, Rule 2.330(h)
Disqualification of Trial Judges, provides,

(h) Prior Rulings. Prior factual or legal rulings by a disqualified judge may
be reconsidered and vacated or amended by a successor judge based upon a
motion for reconsideration, which must be filed within 20 days of the order
of disqualification, unless good cause is shown for a delay in moving for
reconsideration or other grounds for reconsideration exist.

9. RULE 9.100(g)(4) argument in support of the petition and appropriate

citations of authority.

Question presented: What is the standard for judicial disqualification?

The standard for judicial disqualification under Canon 3E(1)

"A judge shall disqualify himself or herself where his or her

impartiality might reasonably be questioned, including but not limited to ...".
Canon 3E(l)

10
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs

10. It has long been said in the courts of this state that "every litigant is entitled

to nothing less than the cold neutrality of an impartial judge." State ex reI. Davis v.

Parks, 194 So. 613, 615 (Fla. 1939). (Opening citation in the Opinion filed

December 17,2014, Third District Court of Appeal, No. 3DI4-2625, Lower

Tribunal No. 14-8506, Great American Insurance Company of New York,

Petitioner, vs. 2000 Island Boulevard Condominium Association, Inc., et al.,

Respondents. A Case of Original Jurisdiction - Prohibition.)

I 1. Florida Code of Judicial Conduct

Adopted September 29, 1994, effective Jan. 1, 1995 (643 So. 2d 1037).
As amended through October 1,2016 (194 So. 3d 1015).

h up:;'www.Horidasupremecourt.orgidecisions/ethics/Code_J udicial_Conduct. pdf

http.z/www.floridasupremecourt. org/ dec isions/ethics/index.shtml
http://\\-vvw.floridasupremecourt.org/decisions/ethics/canon3.shtml

12. Fla. R. Jud. Admin. 2.330(b) "Parties. Any party, including the state, may

move to disqualify the trial judge assigned to the case on grounds provided by rule,

by statute, or by the Code of Judicial Conduct. (Emphasis added).

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES.

(b) Parties. Any party, including the state, may move to disqualify the trial
judge assigned to the case on grounds provided by rule, by statute, or by the
Code of Judicial Conduct.

13. Under Canon 3E(1) of the Code of Judicial Conduct for the State of Florida ,

"A judge shall disqualify himself or herself where his or her impartiality
might reasonably be questioned, including but not limited to...". Canon 3E(l)

Commentary for Canon 3E( 1)

11
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 2017
To Remove Marion County Circuit Court Judge Ann Melinda Craggs

Canon 3E( 1). Under this rule, a judge is disqualified whenever the judge's
impartiality might reasonably be questioned, regardless of whether any of
the specific rules in Section 3E( 1) apply.

14. Disqualification under Canon 3E(l) does not require actual bias or actual

prejudice, but "whenever the judge's impartiality might reasonably be questioned".

15. Rule 2.330. Disqualification of Trial Judges. Fla. R. Jud. Admin. states in

relevant part,

RULE 2.330. DISQUALIFICATION OF TRIAL JUDGES

(c) Motion. A motion to disqualify shall:
( 1) be in writing;
(2) allege specifically the facts and reasons upon which the movant
relies as the grounds for disqualification;
(3) be sworn to by the party by signing the motion under oath or by
a separate affidavit; and

(d) Grounds. A motion to disqualify shall show:

(1) that the party fears that he or she will not receive a fair trial or
hearing because of specifically described prejudice or bias of the judge; or

(e) Time. A motion to disqualify shall be filed within a reasonable time

not to exceed 10 days after discovery of the facts constituting the grounds
for the motion and shall be promptly presented to the court for an immediate
ruling...

(f) Determination - Initial Motion. The judge against whom an initial

motion to disqualify under subdivision (d)(l) is directed shall determine
only the legal sufficiency of the motion and shall not pass on the truth of the
facts alleged. If the motion is legally sufficient, the judge shall immediately
enter an order granting disqualification and proceed no further in the action.
If any motion is legally insufficient, an order denying the motion shall
immediately be entered. No other reason for denial shall be stated, and an
order of denial shall not take issue with the motion.

12
Petition for Writ of Prohibition - A Case of Original Jurisdiction April 7, 201 7
To Remove Marion County Circuit Court Judge Ann Melinda Craggs

Conclusion

Wherefore, the petition for writ of prohibition should be granted, together with
such other and further relief as the Court deems just and equitable.

I certifying that this petition complies with the font requirements of Rule 9.100(1).

RESPECTFULLY SUBMITTED April 7, 2017.

M~
Neil J. Gillespie, individually, and former Trustee,
F.S. Ch. 736 Part TTT, of the Terminated Trust

8092 SW 1 I 5th Loop

Ocala, Florida 34481

Phone: 352-854-7807

Email: neilgillespie@mfi.net

13

 Service List April 7,2017

I hereby certify the names below were served by email April 7, 2017 through the Florida
Portal, unless otherwise expressly stated. May include additional names on the Florida Portal.

Jane Norberg, Chief Thomas 1. Marshall, General Counsel

Email: NorbergJ@sec.gov and Executive Vice President
SEC Office of the Whistleblower Email: thornas.j .marshall@usps.gov
100 F Street NE United States Postal Service
Washington, DC 20549 475 L'Enfant Plaza SW
Phone: (202) 551-4790 Washington DC 20260
Fax: (703) 813-9322 c/o Guy Cottrell, Chief Postal Inspector
TCR Submission No. TCR 1458580 18941 I 18 U.S. Code § 1341 - Frauds and swindles
CFPB Complaint No. 120914-000082 18 U.S. Code § 1343 - Fraud by wire, radio, or TV
CFPB Complaint No. 140304-000750 18 U.S. Code § 1346 - Honest services fraud

Civil Rights Division, Voting Section W. Stephen Muldrow USAFLM

U.S. Department of Justice Acting United States Attorney
950 Pennsylvania Ave., NW, Rm 7254 NWB Middle District of Florida
Washington, DC 20530 400 North Tampa Street, Suite 3200
Email: voting. seetion@usdoj .gov Tampa, FI. 33602
Email: w .stephen.muldrow@usdoj.gov

Ken Detzner, Secretary of State Maria Matthews, Esq., Director

Florida Department of State Florida Division of Elections
R. A. Gray Building, Room 316 Email: maria.matthews@dos.myt1orida.com
500 South Bronough Street W. Jordan Jones, Asst. General Counsel
Tallahassee, Florida 32399-0250 Florida Department of State
Email: Ken.Detzner@dos.myflorida.eom Email: JordanJones@dos.myflorida.eom

Notice to the Florida Attorney General Florida Department of Law Enforcement

of a constitutional challenge Rick Swearingen, Commissioner
oag.civiI. eserve@myfloridalcgal.com Email: RickSwcaringcn@fd1c.statc.fl.us
Pam Bondi, Florida Attorney General Jason Jones, General Counsel
Office of Attorney General Email: Jasonloneseufdle.state.Il.us
107 West Gaines Street 2331 Phillips Road
Tallahassee, FL 32399-1050 Tallahassee, FL 32308

Wesley Wilcox, Supervisor of Elections R. Gregg Jerald, General Counsel

Marion County, Florida Marion County Sheriffs Office
Email: WWilcox@VoteMarion.com Email: gjerald@marionso.com

Matthew Minter, Marion County Attorney Kathy Bryant, Marion Co. BOCC
AIL Member Canvassing Board AO M-2016-8 Marion County Canvassing Board
Email: Matthew.Minter@marioncountyfl.org Email: Kathy.bryant@marioncountyfl.org
Governor Rick Scott Jeffrey S. Bragg, Secretary, DOEA
Email: Rick.Scott@eog.myflorida.com Email: braggj@elderaffairs.org
Executive Office of the Governor Department of Elder Affairs
400 S Monroe Street 4040 Esplanade Way
The Capitol Tallahassee, Florida 32399-7000
Tallahassee, FL 32399-6536 http.velderaffairs.state. t1. us/index. php
Office: 850-717-9310
Fax: 850-922-1278 Richard Prudorn, Deputy Sec/Chief Staff
William Nicholson Spicola Email: Prudornrrnrgjelderaffairs.org
General Counsel for Governor Rick Scott
Email: william.spicola@eog.myf1orida.com Sarah K Halsell, DOEA
Email: Halsellsk@elderaffairs.org
Florida Supreme Court
500 South Duval Street Madeleine Nobles, Director
Tallahassee, Florida 3230 I Email: noblesm@elderaffairs.org
Email: e-file@1t1courts.org
Email: supremecourt@f1courts.org Florida Public Information Office
http://www.floridasupremecourt.org/ Email: publieinformation@f1courts.org

John F. Harkness, Jr. William Schifino, President

Executive Director The Florida Bar
The Florida Bar Email: wschifino@buIT.com
651 East Jefferson Street
Tallahassee, FL 32399-2300 Michael Higer, President-Elect
Email: jharkness@tlabar.org The Florida Bar
http.vwww.floridabar.org, Email: mhiger@bergersingerman.com

John Thomas Berry Adria E Quintela

Legal Division Director Lawyer Discipline Director
The Florida Bar The Florida Bar
Email: jberry@tlabar.org Email: aquinlcl@l1abar.org

Patrick L. "Booter" Imhof Franccsca Ciaccio-Freeman PHR SHRM-CP

General Counsel Director of Human Resources Florida Bar
The Florida Bar ADA Disability Coordinator
Email: PImhof@l1oridabar.org Email: FCiaeeio-Freeman@l1oridabar.org

Shancll M. Schuyler Richard Courtemanche

ACAP Director Assistant General Counsel
The Florida Bar The Florida Bar
Email: SSchuyler@t1oridabar.org Email: RCourtemanehe@t1oridabar.org

Hon. Jay P. Cohen, Chief Judge Joanne P. Simmons, Clerk 5thDCA

Email: woodardj@flcourts.org Email: simmonsj@t1courts.org
Fifth District Court of Appeal(5thDCA) Charles R. Crawford, Marshal 5thDCA
Email: crawfordc@t1courts.org

 Service List April 7, 2017

I hereby certify the names below were served by email April 7, 2017 through the Florida Portal,
unless otherwise expressly stated. May include additional names on the Florida Portal.

The Honorable Joseph Negron, President

The Honorable Richard Corcoran, Speaker

Email: joe@joenegron.com
Email: richard@richardcorcoran.com

Florida Senate
Florida House of Representatives

409, The Capitol

420 The Capitol

404 S. Monroe Street

402 South Monroe Street

Tallahassee, FL 32399-1100
Tallahassee, Florida 32399-1300

Tel: 850-487-5229
Tel: 850-717-5037

https.r. www.flsenate.gov/OtTices/President
http.. www.myfloridahousc.gov/

Florida Senate Florida House of Representatives

Debbie Brown, Secretary of the Senate Office of the Clerk
Office of Senate Secretary Email: officeoftheClerk@mytloridahouse.gov
Email: brown.debbie.web@tlsenate.gov

Office of Inspector General, "OfGl-lotline" SEC Oflice of the Whistleblower

c.o Board of Governors of

100 F Street NE

the Federal Reserve System

Washington, DC 20549

20th Street and Constitution Avenue, NW

Phone: (202) 551-4790

Mail Stop K- 300

Fax: (703) 813-9322

Washington, DC 20551
Via U.S. Mail, First Class or Priority

Email: OIGHotline@frb.gov
CFPB Complaint No. 120914-000082

CFPB Complaint No. 120914-000082

CFPB Complaint No. 140304-000750

CFPB Complaint No. 140304-000750

Not served on the Florida Portal

The Honorable Richard Cordray, Director

Stefanie Isser Goldblatt

Consumer Finance Protection Bureau

Senior Litigation Counsel

1700 G Street, NW
Enforcement Division

Washington, DC 20002
Consumer Finance Protection Bureau

Email: Richard.Cordray@cfpb.gov
Email: Stcfanie.Goldblatt@:cfpb.gov

CFPB Complaint No. 120914-000082

CFPB Complaint No. 120914-000082

CFPB Complaint No. 140304-000750

CFPB Complaint No. 140304-000750

FBI Tampa Division FBI Jacksonville Division

Special Agent in Charge, Paul Wysopal Special Agent in Charge, Michelle S. Klimt
Website: https.z/www.fbi.gov/tarnpa Website: hups.vwww.fbi.govzjacksonvillc
Email: tampa.division@ic.fbi.gov Email: jacksonville@ic.tbi.gov

Thc Honorable Don F. Briggs The Honorable Ann Melinda Craggs

Chief Judge, Fifth Judicial Circuit Circuit Court Judge, Fifth Judicial Circuit

Lake County Judicial Center Marion County Judicial Center

550 W. Main Street 110 NW 1st Ave.

Tavares, FL 32778-7800. Ocala, FL 34475

Tel. 352-742-4224 Tel: 352-401-6785

Email: dbriggs@circuit5.org Email: amcraggs@circuit5.org

Mr. Curtis Wilson, Esq. Ms. Colleen Murphy Davis, AUSA

McCalla Raymer Pierce, LLC 400 N. Tampa Street, Suite 3200
225 E. Robinson Street, Ste. 660 Tampa, FL 33602
Orlando, FL 32801 Email: USAFLM.HUD@usdoj.gov
Email: MRService@mrpllc.com JAXSFFORECLOSURES@,hud.gov
JAXSFORECLOS URES@hud.gov
lydia.a. brush@gmail.com

Gregory C. Harrell David R. Ellspcrmann Marion County Clerk

General Counsel to David R. Ellspermann, of Court & Comptroller
Marion County Clerk of Court & Comptroller P.O. Box 1030
P.O. Box 1030 Ocala, Florida 34478-1030
Ocala, Florida 34478-1030 Email: Ellspermann@marioncountyclerk.org
Email: gharrell@marioncountyelerk.org

Development & Construction Corporation Oak Run Homeowners Association, Inc.

of America, c/o Carol Olson, Vice President (ORHA)
of Administration and Secretary-Treasurer c/o ORHA Board of Directors
10983 SW 89 Avenue Email: orhaboard@yahoo.eom
Ocala, FL 34481
Email: colsomgrieccahomes.com

Neil J. Gillespie and Mark. Gillespie as Co-Trustees of the Gillespie Family Living Trust
Agreement dated February 10, 1997: Terminated Trust, February 2, 2015
8092 SW 11 5th Loop
Ocala, FL 34481
Email: neilgillespie@mCi.net

Neil 1. Gillespie Mark Gillespie

8092 SW 115th Loop 7504 Summer Meadows Drive
Ocala, FL 34481 Ft. Worth, TX 76123
Email: neilgillespie@mfi.nct Email: mark.gillespie@att.net

Unknown spouse of Mark Gillespie n/k/a Joetta Gillespie

7504 Summer Meadows Drive
Ft. Worth, TX 76123 Email: mark.gillespie@att.net

Unknown Settlors/Beneficiaries of The Gillespie Family Living Trust Agreement dated

February 10, 1997; (NONE); Terminated Trust, February 2, 2015
8092 SW 115th Loop
Ocala, FL 34481 Email: neilgillespie@mfi.net

Elizabeth Bauerle n/k/a Elizabeth Bidgood Unknown spouse of Elizabeth Bidgood,

8092 SW 115th Loop n.k.a. Scott Bidgood
Ocala, FL 34481 8092 SW 115th Loop
Email: neilgillespie@mfi.net Ocala, FL 34481
Email: neilgillespie@mfi.net

 Termination of the Gillespie Family Living Trust Agreement Dated February 10, 1997

STATE OF FLORIDA ) 111111111111111111111111111 1111111111111

DAVID R ELLSPERMANN CLERK & COMPTROLLER MARION CO
) SS.: DATE: 02/03/2015 1155:32 AM
COUNTY OF MARION ) FILE #: 2015009748 OR BK 6161 PGS 1844-1845
AFFIDAVIT REC FEES: $18.50 INDEX FEES $000
DOS: $0 MOS $0 INT: $0

BEFORE ME, this day personally appeared NEIL J. GILLESPIE, who upon being duly

sworn deposed upon oath as follows:

I. My name is Neil J. Gillespie. I am over eighteen years of age. This affidavit is given on

personal knowledge unless otherwise expressly stated.

2. I am sole Trustee of the Gillespie Family Living Trust Agreement Dated February 10,

1997 (hereinafter "Trust").

My Florida residential homestead property is the sole asset of the Trust, property address

8092 SW 115th Loop, Ocala, Florida 34481, Marion County, Florida, (the "property") where I

have lived in the property continuously and uninterruptedly since February 9, 2005, Tax ID No.

7013-007-00 I, legal description:

Lot(s) I, Block G, OAK RUN WOODSIDE TRACT, according to the Plat thereof as
recorded in Plat Book 2 at Page(s) 106 through 112, inclusive of the Public Records of
Marion County, Florida.

4. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, I transferred

the remaining trust property to the beneficiary, myself, on January 14,2015.

5. Pursuant to my authority as Trustee of the Trust, and acting in that capacity, J hereby

terminate the Trust as provided by Fla. Stat. § 736.0414, and Article V, the Trust. The total fair

market value of the assets of the Trust is zero. The Trust served its intended purpose of

transferring the property to the beneficiary without going through probate.

6. Pursuant to Fla. Stat. § 736.0414 Modification or termination of uneconomic trust. (I)

After notice to the quali fied beneficiaries, the trustee of a trust consisting of trust property

Book6161/Page1844 CFN#2015009748 Page 1 of 2

having a total value less than $50,000 may terminate the trust if the trustee concludes that the

value of the trust property is insufficient to justify the cost of administration.

FURTHER AFFIANT SA YETH NOT,

The foregoing instrument was acknowledged before me, this 2nd day of February, 2015,
f"l,..'bl­
tl-.'U II~O SID 0"1'10
by Neil J. Gillespie, who is personally known to me, or who has produced as

identification and states that he is the person who made this affidavit and that its contents are

truthful to the best of his knowledge, information and belief.

r
Notary Public Stale 01 Florida
(SEAL) Angelica Cruz
My Commission EE067986 NOTAR UBLIC

h
Expires 0212712015

Print Na
j(9 Cr0L
of Notary Public

My Commission Expires: -2Jc...;:L.,:;...::r-'--I_G' _

 FIFTH DISTRICT COURT OF APPEAL

STATE OF FLORIDA

NEIL 1. GILLESPIE,
INDIVIDUALLY AND AS
FORMER TRUSTEE OF
THE TERMINATED
GILLESPIE FAMILY LIVING
TRUST AGREEMENT,

Petitioners, PETITION NO. _

L.T. NO.: 2013-CA-001l5
v.

REVERSE MORTGAGE
SOLUTIONS, INC., ET AL,

INDEX TO APPENDICIES

Petition for Writ of Prohibition - A Case of Original Jurisdiction

To Remove Marion County Circuit Court Judge Ann Melinda Craggs

APPENDIX A VERIFIED MOTION TO DISQUALIFY CIRCUIT JUDGE

ANN MELINDA CRAGGS

APPENDIX B SECOND VERIFIED MOTION TO DISQUALIFY CIRCUIT

JUDGE ANN MELINDA CRAGGS.

APPENDIX C DEFENDANTS' MOTION TO CANCEL HEARING SET

FOR NOVEMBER 28, 2016

APPENDIX D DEFENDANTS' SECOND MOTION TO CANCEL

HEARING SET FOR NOVEMBER 28, 2016

APPENDIX E JUDICIAL DISQUALIFICATION - MEMORANDUM LAW

APPENDIX F NOTICE OF REFILING FEDERAL CIVIL RIGHTS

COMPLAINT DUE TO Official Misconduct By David R.
Ellspermann Marion County Clerk of Court and Comptroller
APPENDIX G INSTRUCTION TO THE CLERK ADNfTNISTRATIVE
ORDER A-2013-56, ESTABLISHING FORECLOSURE
CASE STATUS REPORTING REQUIREMENTS,
Filing # 54155368 E-Filed 03/23/2017 11:55:23 PM