JEAN LUC ANDRIOT VS WELLS FARGO BANK, N.A.
|
4D2017-0017
|
2017-01-04
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2012CA014686 AE
|
Parties
Name |
JEAN-LUC ANDRIOT, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Gary Allyn Barcus
|
|
Name |
Wells Fargo Bank, N.A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Emily Y. Rottmann, Sara F. Holladay-Tobias, Ada Augusti Hammond, Saberin J. Jamshed
|
|
Name |
Hon. Jeffrey Dana Gillen
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2017-03-24
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that the appellant's March 22, 2017 reply to response is stricken as unauthorized.
|
|
Docket Date |
2017-03-24
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2017-03-24
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed as Non-Appealable Order ~ Upon consideration of the parties' responses to this court's January 5, 2017 jurisdictional order, it is ORDERED that this appeal is dismissed as being from a nonfinal, nonappealable order.CIKLIN, C.J., GROSS and GERBER, JJ., concur.
|
|
Docket Date |
2017-03-22
|
Type |
Response
|
Subtype |
Reply to Response
|
Description |
Reply to Response ~ **STRICKEN 3/24/17**
|
On Behalf Of |
JEAN LUC ANDRIOT
|
|
Docket Date |
2017-03-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ (JURISDICTIONAL RESPONSE BRIEF)
|
On Behalf Of |
Wells Fargo Bank, N.A.
|
|
Docket Date |
2017-03-16
|
Type |
Record
|
Subtype |
Appendix to Response
|
Description |
Appendix to Response ~ (APPENDIX TO JURISDICTIONAL RESPONSE BRIEF)
|
On Behalf Of |
Wells Fargo Bank, N.A.
|
|
Docket Date |
2017-02-14
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that appellee's February 3, 2017 unopposed motion for extension of time to respond to appellant's jurisdictional brief/petition for writ of certiorari is granted, and the time for filing a response to appellant's jurisdictional statement/petition for writ of certiorari is extended thirty (30) days from the date of this order.
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|
Docket Date |
2017-02-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance ~ AND NOTICE OF DESIGNATION OF PRIMARY AND SECONDARY EMAIL ADDRESSES
|
On Behalf Of |
Wells Fargo Bank, N.A.
|
|
Docket Date |
2017-02-03
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TO APPELLANT'S JURISDICTIONAL BRIEF/PETITION FOR WRIT OF CERTIORARI
|
On Behalf Of |
Wells Fargo Bank, N.A.
|
|
Docket Date |
2017-01-30
|
Type |
Order
|
Subtype |
Order Striking Filing
|
Description |
ORD-Stricken as Unauthorized ~ ORDERED sua sponte that Gary Barcus, Esquire's January 25, 2017 notice of unavailability is stricken as unauthorized.
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Docket Date |
2017-01-25
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice ~ OF UNAVAILABILITY **STRICKEN 1/30/17**
|
On Behalf Of |
JEAN LUC ANDRIOT
|
|
Docket Date |
2017-01-23
|
Type |
Order
|
Subtype |
Order on Motion for Extension of Time to File Response
|
Description |
Grant EOT to file Response ~ ORDERED that appellee's January 18, 2017 motion for extension of time is granted, and the time for filing a response to appellant's jurisdictional statement is extended to and including February 6, 2017.
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|
Docket Date |
2017-01-18
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix to Brief ~ TO JURISDICTIONAL BRIEF
|
On Behalf Of |
JEAN LUC ANDRIOT
|
|
Docket Date |
2017-01-18
|
Type |
Motions Extensions
|
Subtype |
Motion for Extension of Time to File Response
|
Description |
Motion for Extension of Time to File Response ~ TO APPELLANT'S JURISDICTIONAL STATEMENT
|
On Behalf Of |
Wells Fargo Bank, N.A.
|
|
Docket Date |
2017-01-17
|
Type |
Brief
|
Subtype |
Jurisdictional Brief
|
Description |
Jurisdictional Brief ~ "Petition for a Writ of Certiorari"
|
On Behalf Of |
JEAN LUC ANDRIOT
|
|
Docket Date |
2017-01-05
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2017-01-05
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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|
Docket Date |
2017-01-04
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JEAN LUC ANDRIOT
|
|
Docket Date |
2017-01-04
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
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|
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JEAN-LUC ANDRIOT and CELINE ANDRIOT VS U.S. BANK, N.A., et al.
|
4D2015-3900
|
2015-10-19
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Foreclosure
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2013CA007523 AW
|
Parties
Name |
CELINE ANDRIOT
|
Role |
Appellant
|
Status |
Active
|
|
Name |
JEAN-LUC ANDRIOT, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Gary Allyn Barcus
|
|
Name |
GATEMASTERS, INC.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
WELLS FARGO BANK, N.A.
|
Role |
Appellee
|
Status |
Active
|
|
Name |
U.S. Bank, N.A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Orlando Deluca, Viravuth Un
|
|
Name |
Hon. Edward L. Artau
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2015-11-17
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
ORD-Sua Sponte Dismissed for Lack of Jurisdiction ~ ORDERED sua sponte that the above-styled appeal is dismissed for lack of jurisdiction.
|
|
Docket Date |
2015-11-17
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2015-10-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ JURISDICTIONAL STATEMENT
|
On Behalf Of |
JEAN-LUC ANDRIOT
|
|
Docket Date |
2015-10-20
|
Type |
Order
|
Subtype |
Order on Filing Fee
|
Description |
ORD-Pay Filing Fee-Civil Appeal ~ The jurisdiction of this court was invoked by filing of a Notice of Appeal in the lower tribunal. The $300.00 filing fee, or a circuit court clerk's determination of indigent status, did not accompany the Notice of Appeal as required in Florida Rules of Appellate Procedure 9.110(b) and 9.140(a). The filing fee is due and payable at the time of filing REGARDLESS OF WHETHER THE APPEAL IS LATER DISMISSED VOLUNTARILY OR ADVERSELY.ORDERED that appellant shall pay the $300.00 filing fee or file the circuit court clerk's determination of indigent status in this court within ten (10) days from the date of this order. Failure to comply within the time prescribed will result in dismissal of this cause and may result in the court sanctioning of any party, or the party's attorney, who has not paid the filing fee. The attorney filing the Notice of Appeal has a duty to tender the filing fee to the appellate court when the appeal is initiated. See In Re Payment of Filing Fees, 744 So. 2d 1025 (Fla. 4th DCA 1997). Failure of the attorney to pay will result in referral to the Department of Financial Services for collection.**NOTE: This order does not toll the time for filing any pleadings necessary to prosecute this appeal and no extensions of time will be entertained. Once the fee is paid, it is not refundable. Except for dismissal, this court will take no action in this appeal until the filing fee is paid or until a circuit court clerk's determination of indigent status is filed.
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|
Docket Date |
2015-10-20
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2015-10-19
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
JEAN-LUC ANDRIOT
|
|
Docket Date |
2015-10-19
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
CELINE ANDRIOT and JEAN-LUC ANDRIOT VS NATIONSTAR MORTGAGE, LLC
|
4D2014-1934
|
2014-05-28
|
Closed
|
|
Classification |
NOA Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
2011CA001563AV
|
Parties
Name |
JEAN-LUC ANDRIOT, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
CELINE ANDRIOT
|
Role |
Appellant
|
Status |
Active
|
Representations |
Gary Allyn Barcus
|
|
Name |
NATIONSTAR MORTGAGE LLC
|
Role |
Appellee
|
Status |
Active
|
|
Name |
AURORA LOAN SERVICES, L.L.C., ETC.
|
Role |
Appellee
|
Status |
Dismissed
|
Representations |
Nancy M. Wallace, MICHAEL J. LARSON, William P. Heller, ERIN ROWLAND BASS, Victor Robert Berwin
|
|
Name |
HON. ELI BREGER
|
Role |
Judge/Judicial Officer
|
Status |
Active
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2014-08-18
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC14-1587
|
|
Docket Date |
2014-08-11
|
Type |
Notice
|
Subtype |
Notice
|
Description |
Notice sent to the Supreme Court
|
|
Docket Date |
2014-08-07
|
Type |
Supreme Court
|
Subtype |
Notice of Appeal FSC
|
Description |
Notice of Appeal to Supreme Court
|
On Behalf Of |
CELINE ANDRIOT
|
|
Docket Date |
2014-07-30
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2014-07-30
|
Type |
Order
|
Subtype |
Order on Motion For Substitution of Parties
|
Description |
ORD-Allowing Substitution of Parties ~ ORDERED that the Motion to Substitute Appellee and Change Case Caption filed June 4, 2014, is granted. Nationstar Mortgage, LLC, is substituted as appellee, and the case caption is corrected to reflect this substitution.
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|
Docket Date |
2014-07-23
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO CHANGE CASE CAPTION
|
On Behalf Of |
CELINE ANDRIOT
|
|
Docket Date |
2014-07-14
|
Type |
Order
|
Subtype |
Order to File Response
|
Description |
ORD-Appellant to File Response ~ ORDERED that appellants are directed to respond, within ten (10) days from the date of this order, to appellee's motion to substitute appellee and change case caption filed June 4, 2014.
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|
Docket Date |
2014-06-27
|
Type |
Response
|
Subtype |
Response
|
Description |
Response to Order to Show Cause
|
On Behalf Of |
CELINE ANDRIOT
|
|
Docket Date |
2014-06-18
|
Type |
Order
|
Subtype |
Show Cause re Compliance with Prior Order
|
Description |
Order to Show Cause-Appeal Dismissal ~ ORDERED that appellants are directed to show cause, within ten (10) days from the date of this order, why the above-styled case should not be dismissed. Appellants are required to address SLT Warehouse v. Webb, 304 So. 2d 97 (Fla. 1974) and Palm Beach Newspapers, Inc. v. Walker, 506 So. 2d 39 (Fla. 4th DCA 1987).
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|
Docket Date |
2014-06-16
|
Type |
Response
|
Subtype |
Response
|
Description |
Response ~ TO MOTION TO DISMISS
|
On Behalf Of |
CELINE ANDRIOT
|
|
Docket Date |
2014-06-05
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO DISMISS
|
On Behalf Of |
AURORA LOAN SERVICES, L.L.C., ETC.
|
|
Docket Date |
2014-06-05
|
Type |
Motions Other
|
Subtype |
Motion To Dismiss
|
Description |
Motion To Dismiss ~ (GRANTED 7/30/14)
|
On Behalf Of |
AURORA LOAN SERVICES, L.L.C., ETC.
|
|
Docket Date |
2014-06-04
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ TO MOTION TO SUBSTITUTE PARTIES AND CHANGE CAPTION
|
On Behalf Of |
AURORA LOAN SERVICES, L.L.C., ETC.
|
|
Docket Date |
2014-06-04
|
Type |
Motions Relating to Parties and Counsel
|
Subtype |
Motion For Substitution of Parties
|
Description |
Motion For Substitution of Parties ~ AND CHANGE CAPTION (GRANTED 7/30/14)
|
On Behalf Of |
AURORA LOAN SERVICES, L.L.C., ETC.
|
|
Docket Date |
2014-06-04
|
Type |
Order
|
Subtype |
Order to Register/Update eDCA
|
Description |
Counsel to register with eDCA ~ Be advised that Erin Rowland has failed to comply with this Court's Administrative Order No. 2013-01, requiring counsel of record to register with the Fourth District Court of Appeal's electronic filing system to receive electronic copies of court communications, including but not limited to orders.You are further advised that to receive all communications from this Court in electronic form you must register at www.4dca.org or https://edca.4dca.org.Unless you obtain a hardship waiver of the registration requirement the Clerk of the Court shall cease mailing paper copies of all communications from the Court to you after ten (10) days from the date of this order.Paper copies can be obtained by completing a Copy Request Form located at www.4dca.org.AMERICANS WITH DISABILITIES ACT: If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, the provision of certain assistance. Please contact the Marshal, Daniel DiGiacomo, 4th District Court of Appeal, 1525 Palm Beach Lakes Blvd., West Palm Beach, Florida 33401, telephone (561)242-2000; 1-800-955-8771(TDD): or 1-800-955-8770(V) via Florida Relay Service, at least seven (7) days before your scheduled court appearance, or immediately upon receiving this notification if the time before the scheduled appearance is less than seven (7) days; if you are hearing or voice impaired, call 711.
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|
Docket Date |
2014-06-03
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
AURORA LOAN SERVICES, L.L.C., ETC.
|
|
Docket Date |
2014-06-02
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2014-05-28
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
CELINE ANDRIOT
|
|
Docket Date |
2014-05-28
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
|
MAXMAR REALTY LLC and JEAN-LUC ANDRIOT VS BANK UNITED, N.A.
|
4D2013-0205
|
2013-01-18
|
Closed
|
|
Classification |
NOA Non Final - Circuit Civil - Other
|
Court |
4th District Court of Appeal
|
Originating Court |
Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County
502012CA005321
|
Parties
Name |
MAXMAR REALTY, LLC
|
Role |
Appellant
|
Status |
Active
|
Representations |
Gary Allyn Barcus
|
|
Name |
JEAN-LUC ANDRIOT, LLC
|
Role |
Appellant
|
Status |
Active
|
|
Name |
Bank United, N.A.
|
Role |
Appellee
|
Status |
Active
|
Representations |
Frances G. De La Guardia, LAUREN LINVILLE
|
|
Name |
Clerk - Palm Beach
|
Role |
Lower Tribunal Clerk
|
Status |
Active
|
|
Docket Entries
Docket Date |
2013-09-30
|
Type |
Supreme Court
|
Subtype |
Supreme Court Miscellaneous
|
Description |
Supreme Court Disposition ~ SC13-619 DISMISSED
|
|
Docket Date |
2013-04-15
|
Type |
Supreme Court
|
Subtype |
Acknowledged Receipt from Supreme Court
|
Description |
Ack. Receipt from Supreme Court ~ SUPREME COURT ACKNOWLDEGMENT OF NEW CASE #SC13-619
|
|
Docket Date |
2013-03-29
|
Type |
Misc. Events
|
Subtype |
Case Closed
|
Description |
Case Closed (No Record)
|
|
Docket Date |
2013-02-19
|
Type |
Disposition
|
Subtype |
Dismissed
|
Description |
Dismissed - Order by Judge
|
|
Docket Date |
2013-02-18
|
Type |
Disposition by Order
|
Subtype |
Dismissed
|
Description |
Order Dismissing Appeal - Lack of Jurisdiction
|
|
Docket Date |
2013-02-11
|
Type |
Notice
|
Subtype |
Notice of Agreed Extension of Time - Answer Brief
|
Description |
Answer Brief extended by Letter (no order issued) ~ 60 DAYS 04/25/13
|
|
Docket Date |
2013-02-07
|
Type |
Notice
|
Subtype |
Notice of Appearance
|
Description |
Notice of Appearance
|
On Behalf Of |
Bank United, N.A.
|
|
Docket Date |
2013-02-01
|
Type |
Notice
|
Subtype |
Amended Notice of Appeal
|
Description |
Amended Notice of Appeal ~ CERT.COPY; FILED 2/1/13
|
On Behalf Of |
MAXMAR REALTY, LLC
|
|
Docket Date |
2013-01-30
|
Type |
Brief
|
Subtype |
Initial Brief
|
Description |
Initial Brief on Merits ~ (4) *e*
|
On Behalf Of |
MAXMAR REALTY, LLC
|
|
Docket Date |
2013-01-30
|
Type |
Record
|
Subtype |
Appendix
|
Description |
Appendix ~ (1) TO INITIAL BRIEF
|
On Behalf Of |
MAXMAR REALTY, LLC
|
|
Docket Date |
2013-01-30
|
Type |
Misc. Events
|
Subtype |
Order Appealed
|
Description |
**DNU** order appealed ~ ("NOTICE OF FILING")
|
|
Docket Date |
2013-01-23
|
Type |
Letter
|
Subtype |
Acknowledgment Letter
|
Description |
Acknowledgment Letter
|
|
Docket Date |
2013-01-23
|
Type |
Order
|
Subtype |
Amended/Additional Filing(s) Needed
|
Description |
Order for Amendment to Notice of Appeal ~ T-2/17
|
|
Docket Date |
2013-01-18
|
Type |
Misc. Events
|
Subtype |
Fee Status
|
Description |
A3:Paid In Full - $300
|
|
Docket Date |
2013-01-18
|
Type |
Notice
|
Subtype |
Notice of Appeal
|
Description |
Notice of Appeal Filed
|
On Behalf Of |
MAXMAR REALTY, LLC
|
|
|