Filing # 48122612 E-Filed 10/26/2016 02:20:32 PM

SUMTER ELECTRIC COOPERATIVE, INC.,

a Florida not for profit corporation,

IN THE CIRCUIT COURT OF THE FIFTH

JUDICIAL CIRCUIT IN AND FOR
MARION COUNTY, FLORIDA
CASE NO. 2016-CA-000712

Plaintiff,
Rule 1.430. Demand for Jury Trial
By Defendant Neil J. Gillespie
Trial By Jury, Art. I, Sec. 22, Fla. Const.

vs.
NEIL J. GILLESPIE,
Defendant.
______________________________________/

This is a Contested Lawsuit. Defendant

Neil J. Gillespie contests this lawsuit.

DEFENDANTS NOTICE OF WITHDRAWAL AND RESCISSION OF PRIOR AGREEMENT TO

withdrawal Defendant's Motion to Dismiss and Strike Complaint, and to withdrawal Defendant's
Motion to Dismiss and Strike Emergency Motion for Entry of Preliminary Injunction
Defendant Neil J. Gillespie, 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 files Defendants Notice of Withdrawal of Prior Agreement to withdrawal
Defendant's Motion to Dismiss and Strike Complaint, and withdrawal Defendant's Motion to
Dismiss and Strike Emergency Motion for Entry of Preliminary Injunction, and states,
1.

On May 20, 2016, I filed DEFENDANTS MOTION TO DISMISS AND STRIKE

COMPLAINT, Filing # 41776593 E-Filed 05/20/2016 12:09:47 PM. The motion was not heard.
2.

On May 20, 2016, I filed DEFENDANTS MOTION TO DISMISS AND STRIKE

EMERGENCY MOTION FOR ENTRY OF PRELIMINARY INJUNCTION, Filing # 41776593

E-Filed 05/20/2016 12:09:47 PM. The motion was not heard.
3.

On August 16, 2016, I filed DEFENDANTS EMERGENCY MOTION TO CANCEL

HEARING, Filing # 45272174 E-Filed 08/16/2016 12:06:24 PM. I wrote at 4 in part,

DEFENDANTS NOTICE OF WITHDRAWAL AND RESCISSION OF AGREEMENT TO withdrawal Defendant's Motion to Dismiss and
Strike Complaint, and to withdrawal Defendant's Motion to Dismiss and Strike Emergency Motion for Entry of Preliminary Injunction

Therefore I agree to withdrawal Defendant's Motion to Dismiss and Strike Complaint,

and withdrawal Defendant's Motion to Dismiss and Strike Emergency Motion for Entry of
Preliminary Injunction, and file my amended my answer within 20 days from today.
4.

I hereby withdrawal and rescind any agreement to withdrawal Defendant's Motion to

Dismiss and Strike Complaint, and withdrawal Defendant's Motion to Dismiss and Strike
Emergency Motion for Entry of Preliminary Injunction, and file my amended my answer.
5.

My offer or agreement is null and void to withdrawal Defendant's Motion to Dismiss and

Strike Emergency Motion for Entry of Preliminary Injunction, and file my amended my answer.
6.

The Governors Notary Section provided the following letters of caution:

Notary Section letter of caution to Edith Grant violation F.S. 117.05(4) July 7, 2016.
Notary Section letter of caution to Meagan Thurston violation F.S. 117.05(4) July 7, 2016.

7.

The Governors Notary Section failed to lawfully adjudicate my complaints as prescribed

in the Governors Reference Manual For Notaries (Manual). Instead, the Governors Notary
Section concocted a scheme to defeat the legal process prescribed in the Manual.
8.

There is no provision for a letter of caution in the Manual, only a letter of advice, as

part of the complaint process, a process not followed by the Governors Notary Section:
Once a complaint is received, a copy is forwarded to the notary requesting a sworn
written response to the allegations. The notarys response is then sent to the complainant,
giving him or her an opportunity to reply. The Notary Section may find it necessary to
request additional information from either party or from other sources. Once all
information is gathered, the complaint file is reviewed in its entirety by the Governors
legal staff. (Manual, Page 43)
If the allegations against the notary are unfounded, the complaint is dismissed. If the
allegations prove to be true, the Governors Notary Section recommends disciplinary
action. The most common actions include a letter of advice in which the notary is advised
of his or her improper action and the method for correcting the error; a written reprimand
in which the notary is informed of the findings and issued a warning that any further
violation or negligence of duties will result in stronger disciplinary action; and a request
for the notarys resignation... (Manual, Page 44)

DEFENDANTS NOTICE OF WITHDRAWAL AND RESCISSION OF AGREEMENT TO withdrawal Defendant's Motion to Dismiss and
Strike Complaint, and to withdrawal Defendant's Motion to Dismiss and Strike Emergency Motion for Entry of Preliminary Injunction

9.

The Notary Section letter of caution to Edith Grant and Meagan Thurston did not

advise the method for correcting the error. Instead, the Plaintiffs counsel Stone & Gerken,
P.A. sought to amend the defective affidavits with additional affidavits, in violation of F.S.
117.107(8) A notary public may not amend a notarial certificate after the notarization is
complete. Plaintiffs counsel then filed the amended affidavits in the instant case.
10.

A Florida Notary Public is a Public Officer, Art. II, Sec. 5., Florida Constitution. Notary

Public Edith Grant and Notary Public Meagan Thurston are employed by the Plaintiff.
11.

The Governors Notary Section failed to lawfully adjudicate my complaints as prescribed

in the Manual, which is criminal violation of my civil rights under federal law, 18 U.S.C. 242
depravation of rights under color of law. https://www.law.cornell.edu/uscode/text/18/242
12.

The Governors Notary Section acted in combination with Gov. Rick Scott, the Plaintiff,

the Plaintiffs Notaries Public Edith Grant and Meagan Thurston, the Plaintiffs counsel Stone &
Gerken, P.A., and the Court, Circuit Judge Edward L. Scott, a criminal conspiracy against rights
in violation of 18 U.S.C. 241. https://www.law.cornell.edu/uscode/text/18/241
13.

Additionally, the Governors Notary Section et al., are liable for civil damages,

including, https://www.law.cornell.edu/uscode/text/42/chapter-21/subchapter-I
42 U.S.C. 1981 - Equal rights under the law
42 U.S.C. 1983 - Civil action for deprivation of rights
42 U.S.C. 1985 - Conspiracy to interfere with civil rights
42 U.S.C. 1986 - Action for neglect to prevent
42 U.S.C. 1988 - Proceedings in vindication of civil rights
42 U.S.C. 2000d et seq., Title VI of the Civil Rights Act of 1964
14.

During the defective complaint process, Gov. Rick Scott denied me disability

accommodation under the Americans with Disabilities Act, and the Rehabilitation Act of 1973:
42 U.S.C. Chapter 126 - Equal Opportunity for Individuals With Disabilities
29 U.S.C. Chapter 16 - Vocational Rehabilitation and other Rehabilitation Services

DEFENDANTS NOTICE OF WITHDRAWAL AND RESCISSION OF AGREEMENT TO withdrawal Defendant's Motion to Dismiss and
Strike Complaint, and to withdrawal Defendant's Motion to Dismiss and Strike Emergency Motion for Entry of Preliminary Injunction

15.

It appears the defective affidavit (F.S. 117.05(4)) of Steve Balius made a false claim

about video taken by camera 4 located near the desk of SECO employee Carol Marrero at the
SECO Ocala office on April 11, 2016. There is no such video; it is a refutable presumption.
16.

Because Stone & Gerken, P.A. sought to amend the defective affidavits with additional

affidavits, in violation of F.S. 117.107(8), and LIED about video taken by camera 4, this
misconduct and criminality will require additional pleadings, a complaint to The Florida Bar, a
motion to disqualify Stone & Gerken, P.A. as counsel, and other legal actions to be announced.
WHEREFORE, I hereby give Defendants Notice of Withdrawal and Rescission of Prior
Agreement to withdrawal Defendant's Motion to Dismiss and Strike Complaint, and to
withdrawal Defendant's Motion to Dismiss and Strike Emergency Motion for Entry of
Preliminary Injunction.
RESPECTFULLY SUBMITTED October 26, 2016.

Neil J. Gillespie, pro se

8092 SW 115th Loop
Ocala, Florida 34481
Phone: 352-854-7807
Email: neilgillespie@mfi.net

Service List October 26, 2016

I hereby certify the following names were served by email today October 26, 2016 through the
Florida Portal, unless otherwise expressly stated.
The Honorable Don F. Briggs
Chief Judge, Fifth Judicial Circuit
Lake County Judicial Center
550 W. Main Street
Tavares, FL 32778-7800
Tel. 352-742-4224
Email: dbriggs@circuit5.org

The Honorable Edward L. Scott

Circuit Court Judge, Fifth Judicial Circuit
Marion County Judicial Center
110 N.W. 1st Avenue, Ocala, FL 34475
Tel. 352-401-7810
Email: escott@circuit5.org
Becky Knipe, JA, bknipe@circuit5.org

Lewis W. Stone
Florida Bar No. 0281174
Email: Lewis@StoneandGerken.com

Stone & Gerken, P.A.

4850 North Highway 19A
Mount Dora, FL 32757
Email: SGService@StoneandGerken.com

Kevin M. Stone
Florida Bar No. 0028516
Email: Kevin@ StoneandGerken.com

William Grant Watson

Florida Bar No. 0023875
Email: Grant@StoneandGerken.com

Matthew G. Minter, County Attorney

601 SE 25th Avenue, Ocala, FL 34471
Email: Matthew.Minter@marioncountyfl.org
Karl Oltz, Director of Communications
Marion County Public Safety
Email: Karl.Oltz@marioncountyfl.org

Wendy Spillman, Injunction Clerk

Marion County Public Safety Communications
Email: wendy.spillman@marioncountyfl.org