SECOND DISTRICT COURT OF APPEAL STATE OF FLORIDA NEIL J. GILLESPIE, Appel la nt /Pet it ioner pr o se (nonl awyer) , Appel late Ca se: 2D1 4- 5388 Lower Tribunal Case: 05-CA-7205 vs. BARKER, RODEMS & COOK, P.A. Et Al., Appellee/Respondent(s). __________________________ ______________/ APPELLANT’S MOTION TO EXTEND TIME 1. Appel la nt pro se Neil J . Gilles pi e, an i ndigent/ insolvent nonl awyer , unabl e to obtai n adequate counsel, a person with disabilities, and consumer of legal and court services affecting interstate commerce, henceforth in the first person, hereby moves to extend time under Fla. R. App. P. 9.300(a), and Fla. R. Jud. Admin. 2.514, and states: 2. This Cour t’s Order ente red Apr il 30, 2015 sta tes , “Appel lant's ini tia l brief s hal l be servedwithin 20 days or this appeal will be dismissed.” (Exhibit 1) 3. I move t o ex tend ti me for 30 da ys under Rule 9.300(a), and Rule 2.514 as foll ows. 4. I have not been able to obta in adequa te counse l t o represe nt me. Table of Contents I Thi s Court ’s respons e to my Tit le II ADA Acco mmodat ion Requ es t s hows just if icat ion for a counsel appointment. Counsel has not yet been appointed. II Con fl ict of intere st with the firm Morgan & Morgan a nd Ryan Chri stopher Rode ms . III Chief Inspec tor Ge ner al Complai nt Against t he 2DCA t o Meli nda M. Miguel, CI G IV Ot he r Gr ounds for Ci vi l Counsel Appointment
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26. As a nonlawyer I am not competent, and not diligent, as defined by the Rules Regulating
The Florida Bar. I am also a person with disabilities.
• Florida Bar Rule 4-1.1 Competence. (Exhibit 3)
A lawyer shall provide competent representation to a client. Competent representation
requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary
for the representation.
• Florida Bar Rule 4-1.3 Diligence. (Exhibit 4)
A lawyer shall act with reasonable diligence and promptness in representing a client.
• Social Security Disability determination (Exhibit 5)
The Social Security Administration, Office of Disability, Notice of Award letter dated
August 23, 1993 said I met the medical requirements to receive Social Security benefits,
and found that I became disabled under its rules on January 17, 1992.
• Fla. Stat. § 413.30(2) disability determinations by other state or federal agencies
413.30(2) Determinations...pursuant to Title II or Title XVI of the Social Security Act
shall be considered to have a physical or mental impairment that constitutes or results ina substantial impediment to employment and a significant disability.
would be a denial of a hearing, and, therefore, of due process in the constitutional
sense..."
"...The right [p69] to be heard would be, in many cases, of little avail if it did not
comprehend the right to be heard by counsel. Even the intelligent and educated layman
has small and sometimes no skill in the science of law. If charged with crime, he is
incapable, generally, of determining for himself whether the indictment is good or bad.
He is unfamiliar with the rules of evidence. Left without the aid of counsel, he may be
put on trial without a proper charge, and convicted upon incompetent evidence, or
evidence irrelevant to the issue or otherwise inadmissible. He lacks both the skill and
knowledge adequately to prepare his defense, even though he have a perfect one. Herequires the guiding hand of counsel at every step in the proceedings against him.
Without it, though he be not guilty, he faces the danger of conviction because he does not
know how to establish his innocence. If that be true of men of intelligence, how much
more true is it of the ignorant and illiterate, or those of feeble intellect. If in any case,
civil or criminal, a state or federal court were arbitrarily to refuse to hear a party by
counsel, employed by and appearing for him, it reasonably may not be doubted that such
a refusal would be a denial of a hearing, and, therefore, of due process in the
constitutional sense..."
Powell v. Alabama, 287 U.S. 45
Argued: October 10, 1932
Decided: November 7, 1932
224 Ala. 524, 531, 540, reversed.
29. The Supreme Court of Florida has a duty and the authority to administratively provide
legal counsel under the Fourteenth Amendment of the U.S. Constitution for Due Process:
The guaranty of due process of law extends to every type of legal proceeding. Pelle v.
Diners Club, 287 So. 2d 737 (Fla. Dist. Ct. App. 3d Dist. 1974); Tomayko v. Thomas,
143 So. 2d 227 (Fla. Dist. Ct. App. 3d Dist. 1962). Whenever life, liberty, or property
rights are involved in any official action, the organic requirements of due process of law
must be afforded, whether such action is the exercise of the powers of government by
governmental departments, State ex rel. Barancik v. Gates, 134 So. 2d 497 (Fla. 1961);Williams v. Kelly, 133 Fla. 244, 182 So. 881 (1938) or a duly authorized administrative
or ministerial function or duty. State ex rel. Barancik v. Gates. The constitutional
guaranty of due process of law applies not only to court and administrative procedures,
but also to legislative acts. Williams v. U.S., 179 F.2d 644 (5th Cir. 1950), cert. granted,
340 U.S. 849, 71 S. Ct. 77, 95 L. Ed. 622 (1950) and judgment aff'd, 341 U.S. 70, 71 S.
Ct. 581, 95 L. Ed. 758 (1951) (implied overruling on other grounds recognized by, U.S.
v. McDermott, 918 F.2d 319 (2d Cir. 1990)) and (overruling on other grounds recognized
by, Brzonkala v. Virginia Polytechnic Institute and State University, 169 F.3d 820, 136
Ed. Law Rep. 15 (4th Cir. 1999)).
10A Fla. Jur 2d Constitutional Law § 483 (2007)
Due process encompasses both substantive and procedural due process. McKinney v.
Pate, 20 F.3d 1550 (11th Cir. 1994); M.W. v. Davis, 756 So. 2d 90, 25 Fla. L. Weekly
S334 (Fla. 2000); State v. O.C., 748 So. 2d 945, 24 Fla. L. Weekly S425 (Fla. 1999).
WHEREFORE I respectfully move this Court to extend time for 30 days under Rule
Sent: Tuesday, December 16, 2014 3:14 PM Attach: GillespieADA.pdf Subject: RE: Gillespie ADA request 2D14-5388 Second District COA
g
Mr. Gillespie,
I have reviewed your request and supporting documents. Your request must be denied because legalrepresentation relates to a service outside the court system.
Regards,o Haynes Marshal, Second District Court of Appeal
A lawyer shall act with reasonable diligence and promptness in representing a client.
Comment
A lawyer should pursue a matter on behalf of a client despite opposition, obstruction, or personal inconvenience to the lawyer and
take whatever lawful and ethical measures are required to vindicate a client 's cause or endeavor. A lawyer must also act with
commitment and dedication to the interests of the client and with zeal in advocacy upon the client's behalf. A lawyer is not bound,however, to press for every advantage that might be realized for a client. For example, a lawyer may have authority to exercise
professional discretion in determining the means by which a matter should be pursued. See rule 4-1.2. The lawyer's duty to act with
reasonable diligence does not require the use of offensive tactics or preclude the treating of all persons involved in the legal process
with courtesy and respect.
A lawyer's workload must be controlled so that each matter can be handled competently.
Perhaps no professional shortcoming is more widely resented than procrastination. A client's interests often can be adversely
affected by the passage of time or the change of conditions; in extreme instances, as when a lawyer overlooks a statute of
limitations, the client's legal position may be destroyed. Even when the client's interests are not affected in substance, however,
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