FLORIDA SUPREME COURT

IN RE: ESTATE OF RALPHRAYMOND ANDRE (BUDDY),

Deceased

DANIEL C. ANDRE, SOLE CASE NO:BENEFICIARY IN RE E/O IN RE: LOST FILING BYBUDDY ANDRE, Case No: THE DISTRICT COURT4D16-0181, 4D16-0182 4th DISTRICT NO: 16-0181, 16-0182

v. EMERGENCY VERIFIED PETITIONFOR WRIT OF MANDAMUS AND

Court ofAppeals Third District, STAY OF LOWER TRIBUNALHon. Clerk ofCourt PROCEEDINGS- Buffa v. SingletaryMary Clay Blanks, 1995 Florida Appellate Lexis 2481

o R$spindent.

Truth to Power, Daniel Andre, Pro Se, ADA, certified indigent - State

convict respectfully request this Court to compel the Honorable District Court to

comply with their own rules and replace Mr. Andre's "lost" / "Misplaced" or

unaccounted for filing. Buffa v. Singletary, 652 So. 2d 885 (Fla. 18' DCA 1995);

Gadsen State Bank v. Lewis, 348 So. 2d 343 (Fla. 18' DCA 1977) State Agencies

must comply with its own rules. Florida Rules of Judicial Administration, Rule

2.525(c)(1) A to F (et al.)

This is a cry of distress to correct a misappropriation of Mr. Andre's filing

the lower tribunal had a "duty" to safeguard, the District Court lost 75% ofhis legal

documents. Mr. Andre is due diligently seeking replacement (and a stay) so he can

access the Courts. Art. 1 § 21 of the State Constitution. "Justice delayed is justice

denied."

I. JURISDICTION

This Court's jurisdiction manifests from Article V., Section IV(b)(3) of the

State Constitution and Fla. R. App. P. 9.030(b)(3) et. al. State Agencies (District

Court) and Honorable Mary Clay Blanks (Clerk of Court). Only in good cause does

Mr. Andre give a cry of distress.

II. STATEMENT OF FACTS

"A cry of distress is a call to rescue." The District Court lost a filing and

conceded error. Mr. Andre is pleading replacement of the lost filing the District

Court had a ministerial duty to protect, safe guard, and file, et. al.

1. Mr. Andre sent filing to the District Court via certified mail - return

receipt (See Exhibit "C" and "D") with $26.17 in postage pursuant to Florida Rule

of Jud. Admin.

2. The District Court signed for filing. (See Exhibit "A").

3. Mr. Andre's filing was never filed.

4. Mr. Andre due diligently wrote the Honorable Clerk of the Third and

Fourth District. (See Exhibit "B")

2

5. On 12th, January 2017, the Third District Court's Clerk of Court

conceded error (See Exhibit "A")

6. On 30*, March 2017 the Fourth District Clerk of Court wrote Mr.

Andre surrounding the lost filing. (See Exhibit "A")

7. Mr. Andre provided notice to the Courts. (Exhibits "C" and "D")

8. Since January 2017 the Third District has ignored all correspondence from

Mr. Andre, after conceding error. No other remedy is available.

9. Mr. Andre pleads reimbursement of expenses for the creation of this

petition. Stockman v. Downs, 573 So. 2d 835 (Fla. 1991); Brown v. Gardens By The

Sea South Condominium Association, 424 So. 2d 181 (Fla. 4th DCA 1983)

IH. RELIEF SOUGHT

FOR GOOD CAUSE, Daniel Andre requests an informal Writ of Mandamus

be issued without fear of reprisal and all lower tribunal proceeding and deadlines be

STAYED pending disposition of the replacement of the lost filing. A listing of lost

documents can be located at Exhibit "C" and "D."

The purpose of the Writ of Mandamus is not to require a particular outcome

but only that action is taken. See Ramo v. Fagan, 568 So. 2d 479 (Fla. l'' DCA

1990).

3

IV. ARGUMENT

The Honorable District Court conceded losing Mr. Andre's filing. (See

Exhibit "A") Crozall v. Unemp. Appeal Com 'n, 33 So. 3d 837 (Fla. 2 DCA 2010)

Mr. Andre witnesses that the District Court has a "duty" to protect one's

filing and ifrequired transfer said filing. Lyanch v. Unempl' Appeal Com'n,988 So.

2d 25 (Fla. 2° DCA 2008).

As observed with mandatory language in Decker v. Univ. of West Florida, 85

So. 3d 571 (Fla. 2nd DCA 2012)

"[I]f a proceeding is commenced in aninappropriate Court, the Court "shall" transfer thecause to an appropriate Court."

Mr. Andre vehemently pleads that the appellate processing should be decided

on the merits and not on the basis of a procedural error. The general theme in

discussing several of the most important subdivisions of Rule 9.040, the First

District Court ofAppeal noted that:

"[T]hese provisions, based on Article V, § 2(a) of theConstitution of the State of Florida are meant to ensurethat no person is deprived of the right to have his causeheard due to technical traps in pleadings or procedure..."Logan v. Florida Parole and Probation Commission, 413So. 2d 820, 821 (Fla. 1 DCA 1982) A similar statementwas made by the Court in Jones v. State, 423 So. 2d 520(Fla. 5* DCA 1982).

4

Mr. Andre has no meaningful documents or "substantive competent

evidence" to overcome the presumption of correctness that shadows the two (2)

orders and orders subsumed within the orders. Because the Third District Court

clerk "cost" Mr. Andre's filing, depriving him access to the Courts. Moreover, it is

Mr. Andre's position that it would be "point-less" to move for Rehearing. For the

Fourth Denied his Extension ("E") and dismissed he case (Exhibit "E") and allowed

opposing counsel to continue to operate a fraud upon by misrepresentation and

misleading the lower tribunal. This Court has also become victim to. opposing

counsel's bad faith. (See Exhibit #F ®) two wit Mr. Andre has been "kept out of

Court" and an deprived and opportunity to be heard United States v. Throckmorten,

518 U.S. 343 (1887)( F " )

DUE DILIGENCE

Mr. Andre even complied with mandatory Fla. Rule of Admin 2.525(c) by

placing $26.17 (approx.) in stamps, donated from his family, with filing to have

original return and sent filing certified mail - return receipt. The DCA made a

mistake that can be forgiven and learned from could also establish a duty on the part

of the lower tribunal. Kaweblum v. Thornhill Estate Homeowners Ass'n, Inc., 775

So. 2d 85 (Fla. 2000)

5

VERIFICATION

Under the penalties of perjury the facts are true pursuant to F.S. 9 .525

Florida Statute.

Date Daniel Andre # W25900

CERTIFICATE OF COMPLIANCE

I HEREBY CERTIFY that this document was prepared in compliance with

the font standards required by Florida Rule of Appellate Proce ure, Rule 9.21

Daniel AndreEverglades Correctional Inst.1599 S.W. 187th AvenueMiami, Florida 33194

6

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this document was placed in the

hands of a State agent for mailing on this No day of May, 2017 to: Clerk of Court,

John P. Morrissey, 330 Clematis Street, 213, West Palm Beach, Florida 33401;

Ciklin, Lubitz, O'Connell, P.A., 515 N. Flagler Drive, 20th Floor, West Palm

Beach, Florida 33401; Brian O'Connell and Ashley N. Crispin-Ackal, and Joielle

Foglietta, 515 N. Flagler Drive, 20* Floor, West Palm Beach, Florida 33401;

Donna Levine, 3003 S. Congress Ave., # 1-A, Palm Springs, Florida 33461; Stacey

McKindles, 1120 S.W. Elm Grove Court, Palm City, Florida 34990; Honorable

Clerk of Court, Mary Clay Blanks, Third District Court, 2001 S.W. 117* Ave,

Miami, Florida 33174; Third District Court of Appeal, Court Marshal, 2001 S.W.GIQ!AMG

117* Ave., Miami, Florida 33175; Marshal Daniel and the Fourth

District, 1525 Palm Beach Lake Blvd., West Palm Beach, Florida, 33401;

Honorable Clerk of Court. Lonn Weissblum, 152 S. Palm Beach Lakes Drive,

West Palm Beach, Florida 33401

Daniel Andre1599 S.W. 187th AvenueMiami, Florida 33194

7

FLORIDA SUPREME COURT

IN RE: ESTATE OF RALPHRAYMOND ANDRE (BUDDY),

Deceased

DANIEL C. ANDRE, SOLE CASE NO:BENEFICIARY IN RE E/O IN RE: LOST FILING BYBUDDY ANDRE, Case No: . THE DISTRICT COURT4D16-0181, 4D16-0182

v.APPENDIX IN SUPPORT -

District Court of Appeals, TO COMPEL THE REPLACEMENTThird District, . OF LOST FILING BY DISTRICT

Respondent. COURT (VERIFIED)

Exhibit "A" - Honorable Clerk of Court letter conceding lost filing and FourthDistrict letter clarifying situation.

Exhibit "B" - Letter to third District

Exhibit "C" - Notice to Fourth District Court

Exhibit "D" - Notice to Circuit Court

Exhibit "E" - Irreparable harm¹ that is causing material injury, prejudicially, delayingobfuscating justice. Deadline affected.

Exhibit "F" - Opposing counsel's bad faith; misrepresenting and misleading thisCourt with fraudulent facts. To Wit: Opposing counsel's "notice" ofdue process violations that "kept" me out of Court" United States v.Throckmorton U.S. (1878). However counsel iscontinuing to mislead this Court.

Exhibit "G" - Petitioner's Affidavit

' Lewis v. Casey, 518 U.S. 343 (1996) Nota Bene opposing counsel in bad faith continues to "quote" bad order(s)procured by fraud upon the Court, misrepresentation and misleading the lower tribunal. As observed by this Court inBoca Burger Inc., v. Forum, 912 so. 2d 561 (Fla. 2005) which is before this Court at case no: sC17-301.

CERTIFICATE OF SERVICE

I certify that a true and correct copy of this document was placed in the

hands of a State agent for mailing on this day of May, 2017 to: Clerk of Court,

John P. Morrissey, 330 Clematis Street, 213, West Palm Beach, Florida 33401;

Ciklin, Lubitz, O'Connell, P.A., 515 N. Flagler Drive, 20* Floor, West Palm

Beach, Florida 33401; Brian O'Connell and Ashley N. Crispin-Ackal, and Joielle

Foglietta, 515 N. Flagler Drive, 20* Floor, West Palm Beach, Florida 33401;

Donna Levine, 3003 S. Congress Ave., # 1-A, Palm Springs, Florida 33461; Stacey

McKindles, 1120 S.W. Elm Grove Court, Palm .City, Florida 34990; Honorable

Clerk of Court, Mary Clay Blanks, Third District Court, 2001 S.W. 117* Ave,

Miami, Florida 33174; Third District Court of Appeal, Court Marshal, 2001 S.W.

117* Ave., Miami, Florida 33175; Marshal Daniel Gigiacomo and the Fourth

District, 1525 Palm Beach Lake Blvd., West Palm Beach, Florida, 33401;

Honorable Clerk of Court. Lonn Weissblum, 152 S. Palm Beach Lakes rive,

West Palm Beach, Florida 33401

Daniel Andre1599 S.W. 187th AvenueMiami, Florida 33194

2

VERIFICATION

Under the penalties of perjury the facts are true pursuant to F.S. 92.525

Florida Statute.

Date Daniel Andre # W25900

CERTIFICATE OF COMPLIANCE

I HEREBY CERTIFY that this document was prepared in compliance with

the font standards required by Florida Rule of Appellate Proge- ure, Rule 9.210/

Daniel AndreEverglades Correctional Inst.1599 S.W. 187th AvenueMiami, Florida 33194

6

E HIBI

MARY CAY BLANKS . 2001 S.W. 117 AVENUECLERK OF F MIAMI, FLORlDA 33175-1716

THIRD DISTRICT COURT OF APPEAL (305) 229-3200

January 12, 2017

Mr. Daniel C. AndreDC#W25900Charlotte Correctional Institution33123 Oil Well RoadPunta Gorda, FL 33955

RE: Daniel Andre vs. State

CASE NO.: 4D16-181 & 4D16-182

Dear Mr. Andre:

In response to your letter regarding six envelopes addressed to "Justice Shepherd,"which were received by this Court on November 28,.2016, a diligent search of theboth the Clerk's office and Judge Shepherd's office has been conducted, and weare unable to locate the six envelopes in question at this time.

Sincerely,

A¼g eay 93tanfu

Clerk of CourtThird District Court of Appeal

fourtIJ District �254ourtof 2IppealOffice of the Clerk

1525 Palm Beach Lakes Blvd.West Palm Beach, FlOrida 33401

LONN WEISSBLUM PHONE NUMBER: (561) 242-2000

CLERK OF THE COURT WWW.4dca.Org

March 30, 2017

Daniel Christopher Andre, DC# W25900

33123 Oil Well Rd.Punta Gorda, FL 33955

Re: Request for Copy of Motion Allegedly Sent to Third District Court of Appeal

Dear Mr. Andre:

We are in receipt of your request for a copy of an alleged November 22, 2016 "Motionfor Reconsideration-Rehearing En Banc" which you claimed to have sent in error to the

Third District Court of Appeal instead of to this Court. As we advised you on February

9, 2017, this Court does not have a copy of this alleged pleading.

Further, on December 9, 2016 we received correspondence from you in which you

requested that we provide you a copy of an alleged "Verified Motion for

Reconsideration" filed in Case No. 4D16-181 or 4D16-182. Though we had not receivedfrom you a pleading with that name, the pleading referenced in our December 12, 2016

response was the verified "Motion to Reinstate Appeal" received by this Court on

November 21, 2016. We apologize for any confusion.

Best regards,

Lonn Weissblum

Clerk of the Court

i

Fourth District Court of Appeal1525 Palm Beach Lakes Blvd.West Palm Beach, FL 33401

(561) 242-2000

Date: December 12, 2016 Case No.: 4D 16-3975

In response to your recent communication, see the paragraph(s) marked below.

1. There appears to be no appeal pending in this Court similar to the style you state.

2. Please contact the trial court clerk's office for additional information regarding your case.

3. Thic proceeding is still pending in thi Court, and you (or your 2+terney if you are represented in this matter)will be notified when a decision is rendered. Please notify the Court of any change in your address.

4. The has not been filed as of this date.

5. We are not authorized to give legal advice. It is suggested that you contact an attorney.

6. Every order signed by the Clerk is authorized by the judges. The Clerk's signature is merely a certification thatthe order is the judges' decision.

7. The above styled case was disposed of on . All dispositions are authorized by thejudges. The Clerk's signature on any disposition order is merely a certification of the judges' decision.

8. The motión for rehearing

9. This Court's mandate was issued on . It signifies that the appeal is now closed in this court.Only the original mandate, which is sent to the clerk of the lower court, has the opinion attached.A mandate is not issued when a case is disposed of by order.

10. The judges gave no reason for their ruling and are not required to do so.

11. Canon 3 of the Code of Judicial Conduct prohibits the judges from reading or considering your letter.

12. Copies are $1.00 per page, §§ 35.22, 28.24, Florida Statutes. If you are a prisoner, please make arrangements toobtain the required amount from your inmate trust account. Please remit $ to obtain the copies yourequested.

13. All parties, whether represented by counsel or not, are required to comply with the Florida Rule of AppellateProcedure. They may be found in law libraries or accessed online. For further information on the appellateprocess, click on Clerk's Office at our website at http://www.4dca.org. This Court cannot provide copies of therules or forms.

14. Other: We received your motion in Case No. 16-181.

Attached is a copy of the motion you filed as you requested.

Clerk, Fourth Listrict Court of Appeal

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LEGAL MA L

EXHIBIT C

SEA 0FIN RE ESTATE OF,RALPH "BUDDY" ANDRE

DANIEL ANDRE, SOLEBENEFICIARY IN REESTATE OF RALPH ANDRE,

Movant,v.

File No: 502010CP003665Related Case No.: 4D14-3358, 4D16-4448

4D16-0181, 4D16-0182, 4D16-0719,4D16-2027, 4D16-1340, 4D16-13624D16-1263, 4D16-3649, 4D16-3975NOA 9/29/16, NOA 9/29/16, NOA10/21/16 (Fla. 4th DCA)Florida Supreme Court SC16-572

JOHN P. MORRISSEY

AS CURATOR AND/OR PERSONALLY,

Respondent,

NOTICE OF FILING(Verifled) (Adversary) (Notice)

IN GOOD FAITH, Daniel Andre as sole beneficiary of the estate of Ralph Raymond Andre,

pro se, files the attached documents, to wit LOST Fl Íd213

NT C :>LJa2S~.

1. (Attached Exhibit "A") L( 1 Tò ÍdCdO/b8LJÈ

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Notice ofFilingFile no: 502010CP003665Page 2 of 22

3. (Attached Exhibit "C")

TJcuXns tute Mo Ap&wurvé.vran SuPFb&BJCo DCCunn&#

For good cause, movant incorporates the supra docuinent into the record to expose &

preserve the possible embezzlement and laundering of estate funds. Inequitable conduct; bad

faith, fraud, misrepresentation Crimln Falsi and conspiracy In addition, fraudulent concealment

after the facts. See: Upper Keys marine Construction Inc. v. Alonzo Cothron Inc, 507 So.2d

1135, 1135 N.I.(Fla. 3'" DCA 1987); Martin v. Garrison, 658 So.2d 1019, 1021 (Fla. 4'h DCA

1995); United States v. Glover, 179 F.3d 1300, 1302 N5 (1l'h Cir 1999)

Daniel C. Andre

2

VERIFICATION

Under the penalties ofperjury, I declare that the facts stated herein are.the God's truth

Pursuant to § 92.525 F.S. I am the sole beneficiary and only person on earth with legal standing.

To hold the fiduciary John P. Morrissey responsible for embezzling millions of dollars in estate

funds, earnings, and profits.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on 2 Í 2017 I delivered a true and correct copy of this

document to the State Agent for mailing to the following people:

John P. Morrissey- 330 Clematis Street, #213, West Palm Beach Florida 33401

Brian O'Connell - 515 N. Flagler Drive 20th FloOr, West Palm Beach, Florida 33401

Stacy McKindles- 1120 S.W. Elm Grove Court Palm City, Florida 34990

Joielle Foglietta Agent for A&B Property One, LLC- 515 N. Flagler Drive 20th Floor, West Palm

Beach, Florida 33401

Ashley N (Girlamo) Crispin ACKAL- 515 N. Flagler Drive 20th Floor, West Palm Beach,

Florida 33401

Casey Cilkin Lubitz Martens & O'Connell P.A. 515 N. Flagler Drive 20th Floor, West Palm

Beach, Florida 33401

Daniel C. Andre DC# W25900Charlotte Correctional Institution33123 Oil Well RoadPunta Gorda, FL 33955

3

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MARY CAY BLANKS . 2001 S.W. 117 AVENUECLERK MIAMI, FLORIDA 33175-1716

THIRD DISTRICT COURT OF APPEAL (305) 229-3200

January 12, 2017

Mr. Daniel C. AndreDC#W25900Charlotte Correctional Institution33123 Oil Well RoadPunta Gorda, FL 33955

RE: Daniel Andre vs. StateCASE NO.: 4D16-181 & 4D16-182

Dear Mr. Andre:

In response to your letter regarding six envelopes addressed to "Justice Shepherd,"which were received by this Court on November 28, 2016, a diligent search of theboth the Clerk's office and Judge Shepherd's office has been.conducted, and weare unable to locate.the six envelopes in question at this time.

Sincerely,

eay M&mfe

Clerk of CourtThird District Court of Appeal

Mary Cay Blanks, Clerk ---------Third District Court of Appeal .2001 S.W. 117 Avenue

Miami, FL 33175 NEOPOST FIRST-CLASS MAIL

01/13/2017

mEssnu$000.46°. ZIP 33175 .

041M11273405

r. aniel C. Andre

DC#W25900Charlotte Correctional Institution33123 oil Well RoadPunta Gorda, FL 33955

$ii??4? RO27 ljjflì||,y,lT'}'llill|>>tr>>dl>>]l M[jl,I

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HARK| BURKHALTER| YON, PLATTORNEYs AT LAW

2101 NORTHWEsT CORPO.RATE BOULEVARD, SUITE 220BOCA RATON, FLORIDA 33431

201 NORTHEAsT 95�442STREETMIAMI SHORES, FLORIDA 33138

FFORD B. HARK E--MAIL: CLIFF@HARKLEGAL.COMJRA BOURNE BURKHALTER PALM BEACH: (561) 995-1800TTHEW F. YON BROWARD: (954) 925-7795

FACsIMILE: (561) 995- I 801MIAMI-DADE: (305)757-13ò7FACSIMILE: 305) 757-3396

October 24, 2014

LEGAL MAIL

Daniel AndrePrison No.: W25900C/O Columbia Correctional Institution Annex216 S.E. Corrections WayLake City, Florida 32025

Re: Sale of Bar and Liquor License to Brian O'Connell and Ashley Crispin

Dear Daniel:

I want to thank you for agreeing to meet with me at Brian O'Connell's and AshleyCripsi s request m order to mdependently represent you regarding their offer to purchase yourfather bar and liquor heense, which are the main assets of his Estate of any value. Thefollo ng summarizes our discussions during our October 3, 2014 meeting at the Jail and duringour telephone conversations on October 15, 2014 and October 20, 2014. My conunents are asfollows:

1. Although I am being paid for my time and services bÿttorneys O'Connell andCripsin, my assignment has been to give you independent legal addse)and tell you "what youneeu m nnow and not.what you want to hear". That that end, I thanl?Íou fc.r agreeine that I canrepresent you m this matter and for respecting the advice that I am giving you.

2. . .. Up.on reylew of the Probate Docket Sheet, as well as the packet of informationProvided tö me by Attorneys O'Connell.and Cripsin, \ive agreed that you find yourself in a verydifficulkposittort.withgegard to the sale of the bar and liquor license. Attorney John Morrisseywho is the. Court-Appomted Curator in this Estate, is presently owed fees in excess of

aPProximately-$105,000.0 However, there are no real liquid assets to satisfy same in theimmediate future. Add énally,- Attorneys O'Connell and Crispin are .also owed fees for theirwork in representmg ou in tÈ1e Probate of your father's Estate and the litigation that has ensuedinvolving your sister- throtígh reprqsentation of her attorney, Donna Levine. At this pointassuming that Attorneys d'Connell and Crispirí were..not working on a contingent fee basiswhere they would be recoveritg forty percent (4D --

niel Andretober 24, 2014ge 2 of4

from your father's Estate, their time sheets indícate that they are owed a fee and cost

reimbursement approaching $50,000.00. Additionally, Attorneys O'Connell and Cri in haveadvised me that the Estate is now facing additional credit card charges, which were allegedl

mcurred by your sister, which charges total approximately $30,000.00.

Therefore, before you would be entitled to receive the first "dollar" of distribution of funds fromthe Estate, the payment to the attorneys and creditors would need to be addressed.

3. In order to address this shortfall, Attorneys O'Connell and Crispin have advisedthat they would be willing to form an entity, which would purchase the liquor license and bar

They would take over the operation of the bar and the lease of its premises with theunderstanding that you would not be participating in any funds received from either the operationof the bar or the future sale or lease of liquor license. As you are aware, as a convicted felon

you are not able to own a liquor license in the State of Florida. Additionally, I have been advisedthat the owner of the property where the bar is leased will never execute a lease in our favoFurther, the lease of the bar is currently on a month-to-month is and can be terminated at anPomt in time in the future.

4. . Attorneys O'Connell and Crispin have hired an individual to operate the bar withthe approval of Attorney John Morrissey. You have advised·me that you are aware that this iscash busmess, which is difficult to control, regardless ofwho operates same.

5. Initially, Attorneys O'Connell and Crispin wanted to purchase the liquor licensean the bar from you in exchange for the following:

i. A down payment in the amount of $10,000.00, which would be paid within sixty.. (60) days of signing the Agreement with them.n. Monthly payments in the amount of $150.001 month, which would continue frorn

December 1, 2014 until January 1, 2023 or until the Bar is sold or not operational.

en we initially met at the Jail, you expressed your concern about the possibility of Attorneys

onnell and Crispm receivmg a "windfall" on the sale or lease of the liquor license in theture once you gave them free control of same. Because of the value of the 1

e ther be leased or sold. to a third party, who could operate a large scale nighte ub in ue suc, were bottle service could be provided. It is your understanding that typical

ese types of leases could potentially earn Attorneys O'Connell and Crispin a lease tth amount of approximately $50,000.00 to $60,000.00 each month. Your concerns a e ainly

6. When I addressed your concerns with Attorneys O'Connell and Crispin I advised

the co tin ency hat a fa e ists in t e such d

ed to sh e in s e by re ving a percentage of the profits ttorney 'Co 11 and

niel Andretober 24, 2014ge 3 of 4

-$7,500.00 up front payment to Daniel,-$175/month.to Daniel for as long as Oceans/Buddy's is operational or 10 yearswhichever as less,

-15% of any and all revenue or profits derived from the sale of, or rental of, theliquor license, (for the purposes of this.Agreement, the current license is "RetailBeverage ' and this Agreement would relate to this license only), after paynnent ofdebts assoenated with the license, expenses, maintenance and other costs for a period

. of 5 years from the date of the Agreement.

I am happy that I was able to arrange this major concession for your benefit.

7. Prior to when we last spoke on October 20, 2014, I had learned that the L. License had a value that was approximately .$125,000.00, provided that the individual s 1 n

same is not m your present situation and has the full and complete legal authority to sell same

wluch u do not. Thank you for acknowledging and agreeing that you are presently "in a cornerwi e or no bargaining power". You further acknowledged and agreed that it was far betterto walk away with some financial benefit in this matter rather, then to have Atto JohnMorrissey ask the Court to allow him to sell the liquor license, whiclí proceeds will on1portion of his legal fees by the time he finishes with matter. Perhaps a small rt fProceeds would be paid to Attorneys O'Connell and Crispin.

8. Although I believe that above-noted offer form Attorneys O'Cwas their final offer, I have asked them to increase it. They have agreed as fol o s

-After execution of expectancy document, payment of $200.00

Oùo e uddy s San e Is and Pub/ ean s " uddy s'

longer operational,.whichever occurs first. Whether N( this paragraph shall solely be determined by Attorney O'Con ell an or t rn Cri pi

ayment of afteen percent (15%) of any and all revenue or profits derived from the sale of

ignor license after payment of debts associated with the Imaintenance and other costs for a d of ' eXPenses,(For the pur oses of this A P®�442 (5) years from the date of the Agreement. . .

P greement, the current license is "Retail Beve " d *Agreement would relate to this license only)

añiel Andreotober 24, 2014tge 4 of 4

The fifteen percent (15%) share of the profits as noted above will not change. This is their finaloffer. Attorneys O'Connell and Crispin have asked. me to remind you that you are not theirpartner in this matter. You are instead assigning your iriterest in the Liquor License and bar tothetn m exchange for them waiving the payment of their fees and costs that are due and owing tothem for their representation in this hotly cohtested matter. Attorneys O'Connell and Crispin donot have any interest in establishing a Trust and agreeing to give you a job at the bar upon yourrelease from prison in the next 10+ years.

9. Although you have been receiving the bank statements in regards to the operationof the bar, it has not been my responsibility to conduct any sort of an analysis or review of thesestatements for your benefit. In fact, since this is a bar, were a portion of the income is derivedfrom cash, it is always difficult to ascertain the true cash flow picture of the bar's operation.

10. With regard to your request that Attorneys O'Connell and Crispin somehowmelude representation to facilitate your transfer to the South Bay private jail facility, same is nota part of this "deal". Attorneys O'Connell advises that he only knows an official with thecompany that owns the private South Bay jail and he would make inquiry if a transfer could be

. possible.

Hopefully, .I have accurately recited our discussion regarding .this matter and believe I havecorrectly advised you of your sad position in this case where you have no "bargaining power"At this pomt, I am extremely happý that I was able secure a participation in the "windfall" profitsof the bar over the next five years if.the.liquor license were sold or leased to a third party.

Please let me. know how you would like to proceed and if you are in agreement withAttorneys O'Connell and Crispin final offer as outlined above. I look forward to hearing fromyou. I remam

Very truly yours,

HA BURKHALTER | YON, PL

Clifford B. H , EsquireFor the Firm

CBH/cs

.. . . .. O o

IN THE CIRCUIT COURT OF THEFIFTEENTH JUDICIAL CIRCUIT FORPALM BEACH COUNTY, ELORIDA

PROBATE DIVISION

FILE NO.: 502010CP003665XXXXNB

IN RE: ESTATE OF

RALPH RAYMOND ANDRE,

Deceased.

ORDER AUTHORIZING CURATOR TO

SELL DECEDENT'S LIQUOR LICENSE

THIS.MATTERcame before flie Cour thon fhe Motion for Authorization to Sell Decedent's

Liquor License filed by John Morrissey, as Curator of the Estate of Ralph Raymond Andre.

Deceased, and the Court having heard arguments ofcounset considering the evidence presented, and

being otherwise duly in formed, it is hereby

ORDERED and ADJUDGED as follows:

1. This Court previously granted the Curator's Motion for Authorization to Sel]

Decedent's Liquor License by Order entered on October 20, 2015. In that Order, the Court required

that the "[t]inal sale price and purchaser must be , oved by C irr Order "

A.nq--ML CuP-A·· an a/fQr4 J) {Based upon the ev2dence presented this Court firids as fo]Iows

a. The 4COP alcoholic beverage license owned by1he Decedent s estate. licensenumber BEV6013636, and registered in the name of Buddy's Café, Inc( iguor ligense '), has a current fair market value of $100.000.00.

b If the Curator sells thë liquor license througl J uo license br er, thestandard sales commissioñ woiild be eight percent (8%), or approximately

. $ 000 00 où a sale of the liöense for $100.000.00.

b£ 2NS

In re: ESlaie ofAndreCase No.: 5020l(KIP003665XXXXNBOrder Authorizing Curator toSell Decedent s Liquor LicensePa�254e-2-

c. The liquor license is currently-encumbered by a lien, as a result of a 1

e amount of $28,000.00 that Stacey McKindles borrowed from Dare 2nt, Inc., on or about June 15 2011 Thof this loan is bel ° Current outstanding balance

eved to approximate $4,995.00.

3. ln consideration of the foregoing, the Curator is authorized to se]] the liquor license

to A&B PROPERTY ONE LLC by and through ats Managers, BRIAN M. O.'CONNELL and

ASHLEY N. CRISPIN. for the amount of $87 005 00 I, . , so ong as this buyer either pays off or

assumes the current lien on the liquor license at the time of the sale.

4. If the Curator is unable to complete the sale to A&B PR.OPERTY ONE, LLC, as set

tbrth in the foregoing paragraph, then the Curator is authorized to list and sell the liquor license

through a liquor license broker for $100 000 00. , ess any sales commISslon. sales transaction costs.

transfer costs, and payment in full of the current lien on the liquor license.

DONE AND QRDERED at West Palm Beach, Palm Beacih County, Florida, this 3 a

day ofNovember, 2015.

Honorable John L. Phillips�254írcuitCourt Judge

330 Clenutis Street. Suite 213. West Palm Beach, Florida 3340.1

B1ian M. O'Connell, Esquire_ 515 no y y . . , .T d I m. 20 Hoor. West Palrn Beach. Florida 3340?

( 103 South Cóngress Avenue, Suite i A, Palm Springs Florida 3346i

0

IN THE CIRCUIT COURT IN AND FOR THEFIFTEENTH JUDICIAL CIRCUIT, IN AND FORPALM BEACH COUNTY, FLORÍD

IN RE: ESTATE OF: pROBATE DIVISION

RALPH RAYMOND ANDRE FILE NO: 502010CP003665XXXXNB

Deceased.

IOUOR L CE SE

THIS CAUSE coming before the Court on A & B PROPÉRTY ONE, LLC's

Motion for Authorization to Purchase Liquor License fron Buddy's Café, Inc., the Court

having heard argument of counsel, and being otherwise fully advised, it is thereupon

ORDERED AND ADJUDGED as follows:

1. The Motion for Authorization. to Purchase Liquor License from Buddy's

fé, Inc. to & B ProP C T

DONE A ERED in Palm Beach Gardens, Palm Beach Co orida on

the 3 © day of , 2015.

Ho . John L. Phillipscuit Court Judge

Copies returned:

an '. W_est Palm Beach, FL 33401

Beach, FL 33401 , s4, John@morrissevlaWALnl (330 Clematis St., Suité 213, West Palm

pr ngs L 3 461 (3003 S. Congress Ave., Suite 1A, Palm

SE t o sv U S ostal Se ce Columbia Correction Institute, Inmate CD#W25900, 216

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De artment of Business& ssional Regulation

Ken Lawson, Secretary

Division of Alcoholic Beverages and TobaccoBureau of Licensing

Darnon Larry, Acting Chief2601 Blair Stone Road

Tallahassee, Florida 32399-1021Phone: 850.488.8284 �042Fax: 850.921.7800

.- Rick Scott, Governor

August 12, 2016

Daniel AndreW25900 Hardee Cl6901 State Road 62Bowling Green, FL 33834

Dear Mr. Andre,

Thank you for contacting the Department of Business and Professional Regulation. The results ofyour request for records from the Division of.Alcoholic Beverages and Tobacco are provided forBEV6013636 .

Although you requested all documents, we are sending only those that are part of the changes ofownership for this license pertaining to Mr. Ralph Andre. The other documents are mostly routinedocuments such as Lien information, renewals and such. As you have.a short time period we aresending the pertinent documents of ownership changes immediately.

Should you want any additional documents, please feel free to contact us again.

Social Security Numbers have been redacted from the enclosed records as the information isconfidential and/or exempt from public records disclosure pursuant to Section 119.071(5)(a)5, F.S.

Driver License Information has been redacted from the enclosed records as the information isconfidential and/or exempt from public records disclosure pursuant to Section 119.0712(2),F.S.

Jay Littlefield

DBPRDivision of Alcoholic Beverages and TobaccoLicensingRecords Section .4%

LICENSE EFFICIENTLY. REGULATE FAIRLY.WWW.MYFLORIDALICENSE.COM

E HIBI

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IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUITIN AND FOR PALM BEACH COUNTY, FLORIDA

IN RE ESTATE OF,RALPH "BUDDY" ANDRE

DANIEL ANDRE, SOLEBENEFICIARY IN REESTATE OF RALPH ANDRE,

Movant,v.

MhtnM 0 dondeu_ P A6% OtoautLLheautY MnptwAetoAL2AboA V líkXurMn)JOHN P. MORRISSEY

AS CURATOR AND/OR PERSONALLY,

Respondent,

File No: 502010CP003665Related Case No.: 4D14-3358, 4D16-4448

. 4D16-0181, 4D16-0182, 4D16-0719,4D16-2027, 4D16-1340, 4D16-13624D16-1263, 4D16-3649, 4D16-3975NOA 9/29/16, NOA 9/29/16, NOA10/21/16 (Fla. 4th DCA)Florida Supreme Court SC16-572

NOTICE OF FILING(Verified) (Adversary) (Notice)

IN GOOD FAITH, Daniel Andre as sole beneficiary of the estate of Ralph Raymond Andre,

pro se, files the attached documents, to wit keeping the record straight. Cotton v. State, 177 So.3d

666 @668 (Fla. 1" DCA 2015).

1. (Attached Exhibit "A") Q77 72)

dEYMl'Ls ÔW ÉlhEa û (MyX) P Ô1�570)3 /)ÒCMy\]T

60drM(LATYnd. .

2. (Attached Exhibit "B") [WT~d 4, }/

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TDé P03i¯- - - F7ttTUDKZxm>J Fbt my unN CouMOra hay P9ura LXth.Ork LTtWk -

Notice of FilingFile no: 50 0 CP003665 .Page2of__

3. (Attached Exhibit "C")

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For good cause, movant incorporates the supra docuinent into the record to expose &

preserve the possible embezzlement and laundering of estate funds. Inequitable conduct; bad

faith, fraud, misrepresentation Crimln Falsi and conspiracy4 In addition, fraudulent concealment

after the facts. See: Upper Keys marine Construction Inc. v. Alonzo Cothron Inc, 507 So.2d

1135, 1135 NI.(Fla. 3" DCA 1987); Martin v. Garrison, 658 So.2d 1019, 1021 (Fla. 4"' DCA

1995); United States v. Glover, 179 F.3d 1300, 1302 N.5 (ll"' Cir 1999)

Daniel C. Andre

2 .

VERIFICATION

Under the penalties ofperjury, I declare that the facts stated herein are.the God's truth

Pursuant to § 92.525 F.S. I am the sole beneficiary and only person on earth with legal standing.

To hold the fiduciary John P. Morrissey responsible for embezzling millions of dollars in estate

funds, earnings, and profits.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on 1 21 2017 I delivered a true and correct copy of this

document to the State Agent for mailing to the following people:

John P. Morrissey- 330 Clematis Street, #213, West Palm Beach Florida 33401

Brian O'Connell - 515 N. Flagler Drive 20th Floor, West Palm Beach, Florida 33401

Stacy McKindles- 1120 S.W. Elm Grove Court Pahn City, Florida 34990

Joielle Foglietta Agent for A&B Property One, LLC- 515 N. Flagler Drive 20th Floor, West Palm

Beach, Florida 33401

Ashley N (Girlamo) Crispin ACKAL- 515 N. Flagler Drive 20th Floor, West Palm Beach,

Florida 33401

Casey Cilkin Lubitz Martens & O'Connell P.A. 515 N. Flagler Drive 20 Floor, West Palm

Beach, Florida 33401

Daniel C. Andre DC# W25900Charlotte Correctional Institution33123 Oil Well RoadPunta Gorda, FL 33955

3

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F t

MARY CAY BLANKS . 20015.W. 117 AVENUE

CLERK OF ? MIAMI, FLORIDA 33175-1716

THIRD DISTRICT COURT OF APPEAL (305) 229-3200

January 12, 2017

Mr. Daniel C. AndreDC#W25900Charlotte Correctional Institution33123 Oil Well RoadPunta Gorda, FL 33955

RE: Daniel Andre vs. StateCASE NO.: 4D16-181 & 4D16-182

Dear Mr. Andre:

In response to your letter regarding six envelopes addressed to "Justice Shepherd,"which were received by this Court on November 28, 2016, a diligent search of theboth the Clerk's office and Judge Shepherd's office has been conducted, and weare unable to locate the six envelopes in question at this time.

Sincerely,

Clerk of CourtThird District Court ofAppeal

Mary Cay Blanks, ClerkThird District Court of Appeal

2001 S.W. 117 AvenueMiarni, FL 33175 NEOPOST FIRST-CLASS MAll

01/13/2017

mimamms$000.46°ZIP 33175

041M11273405

r. aniel C. Andre

DC#W25900Charlotte Correctional Institution

33123 Oil Well RoadPunta Gorda, FL 33955

339555°?47 RO27 |||]Ii||s;j,17,j,1

EXHIBI B

HARK | BURKHALTER | YON, PLATTORNEYS AT LAW

2101 NORTHWEsT CORPO.RATE BoULEVARD, SUITE220BOCA RA·ToN, FLORIDA 33431

201 NORTHEAST 95�442STREET

MTAMI SHOREs, FLORIDA 33138

7FORD B. HARK . E-MAIL: CLIFF@HARKLEGAL.COMIRA BOURNE BURKHALTER PALM BEACH: (561) 995-1800fTHEW F. YON BRoWARD: (954) 925-7795

FACSIMILE: (561) 995-18.01MIAM1-DADE: (305) 757-83Ò7FACSIMILE: , 305) 757-3396

October 24, 2014

LEGAL MAIL

Daniel Andre. Prison No.: W25900

C/O Columbia Correctional Institution Annex216 S.E. Corrections WayLake City, Florida 32025

Re:

Dear Daniel:

Cripsi 's e ues in e o independe Connell s and Ashley

father' bar and liquor license, which are the a assets f s t offollo ng summanzes our discussions during our October 3, 20 4 meeting at the. Jai and dour telephone conversations on October 15, 2014 and October 20, 2014. My comments ar a

Cripsin, my ass en as bee to g e you nd en ent leg ad s n te 1 u what

accu to know and not what you wänt to hear". That that end I thanÙy u for a reerepresent you m th s matter and for respecting the advice that I am giving you.

provided t me b o ' as well as the packet of information

ho e o p d ur r a d u r i ens Att ey John orrissey

la e re. d o e 'Conne I an Cnspin e a so o ed es o theWo in representinghouyt. e Probate of your father's Estate and the litigat that h

involving your sistefthroygh representation of her attorney, Donna Levi Atassuming that Attorneys d'Connelf anti t . . . S Point,where the Id b -. n8Pi were _not working on a contingent fee basisy wou e recovern3g forty percent (40

niel Andretober 24, 2014;e 2 of 4

from your father's Estate, their time sheets indicate that they are owed a fee and cost

. reunbursement approaching $50,000.00. Additionally, Attorneys O'Connell and Cr hadvised me that the Estate is now facing additional credit card charges, which were alle dmcurred by your sister, which charges total approximately $30,000.00.

.Therefore, before you would be entitled to receive the first "dollar" of distribution of funds fromt e Estate, the payment to the attomeys and creditors would need to be addressed.

3. In order to address this shortfall, Attorneys O'Connell and Crispin have advisedt ey would be willing to form an entity, which would purchase the liquor license and bar

They would take over the operation of the bar and the lease. of its premises with theunderstanding that you would not be participating in any funds received from either the operationo ar or the future sale or lease of liquor license. As you are aware, as a convicted felon

you are not able to own a liquor license in the State of Florida. Additionally, I have been advisedt he owner of the property where the bar is leased will nur execute a lease in your favor.

point time n the futu ISMen on a month-to7month basis and can be terminated at any

4. . Attorneys O'Connell and Crispin have hired an individual to operate the bar withthe approval of Attorney John.Morrissey. You have advised·me that you are aware that this iscash busmess, which is difficult to control, regardless of who operates same.

5. Initially, Attorneys O'Connell and Crispin wanted to purchase the liquor licensee bar from you in exchange for the following:

i. A down payment in the amount of $10,000.00, which would be paid within sixty.. (60) days of signmg the Agreement with them.11. Monthly payments in the atnount of $150.00/ month, which would continue from

December 1, 2014 until January 1, 2023 or until the Bar is,sold or not operational.

When we initially met at the Jail, you expressed your concern about the possibilit of Att

O'Connell and Crispin receiving a "windfall" on the sale or lease of the liquor license eture once you gave them free control of same. Because of the value of the li

either be leased or sold to a third party, who could operate a large scale nightclub n ue suc, were bottle service could be provided. It is your understanding that t icall

these types of leases could potentially earn Attorneys O'Connell and Crispin a lease pa ent inthe amount ofapproximately $50,000.00 to $60,000.00 each month. Your concerns are certainly

6 When I addressed your concerns with Attorneys O'Connell and Crispin, I advisedt m order to equability address this matter, they needed to adjust their offer to allow fo

the contmgency that a "windfall" exists in the future, such as described above, that ou be

allowed to share in same by receiving a percentage of the profits. Attorneys O'Conn 11 a dCrispin came back with the following offer:

niel Andretober 24, 2014ge 3 of 4

f.1Jt a¥ I)À AfQ

n exchange for eat of all interesit and ex ectancy in the Ènts property meluding but not limited to the li sta.te andIsland Café/Pub, or its successors: ¶nor neense and Ocean's/Buddy's Singer

-$7,500.00 up front payment to Daniel

7 m nt t aniel for as long as Oceans/Buddy's is operational or 10 years

-15% of any and all revenue or profits derived from the sale of, or rental of, thliquor license, (for the purposes of this Agreement, the current license is "Retant

debts a soc ated t he 1 Cen2 y), after payinent ofof 5 years from the date of Agre ent., ma enance and other costs for a period

I am happy that I was able to arrange this major concession for your benefit.

. License had a value hawhen we last spoke on October 20, 2014, I had learned that the Liquor. was approximately .$125,000.00, provided that the individual sellsame is not m. your present situation and has the full and ng

which you do not. Thank you for acknowled d °'. with little or no bargaining power". You furt e know e ed a d a edpresently "in a corner

to walk away with some financial benefit in this matt rathMorrissey ask the Court to allow him to sell the orney Johnportion of his legal fees by the time he finishe r license, which roceeds will only cover aProceeds would be paid to Attorneys O'Conne d Crisp .

was their final of er ave ed the o crease t. hey h ve ed o s

Buddy s a e e ud

o 1 2015 nd cent nuin t r gh and unt an ent f $200.00 per month, commencing Jan000 Inc./Buddy's Singer Island Pub/Ocean's ("Buddy s'

longer operational,.whichever occurs first. Whether ddy's s 'this paragraph shall solely be determined by Attorney O'Connell an or t rney Cri i

-Payment of fifteen pen cent (15%) ofor rental of the li nor I any and all revenue or profits derived from the sale of

q icense after payment of debts associated with the Imaintenance and other costs for a period of five '(For the purposes of th s Agreement, the curren ic n e is 'R ta 1 BAgreement would relate to this license only) *Nage and &ns

aniel Andrectober 24, 2014ge 4 of 4

The fifteen percent (15%) share of the profits as noted above will not change. This is their finaloffer. Attorneys O'Connell and Crispin have asked. me to remind you that you are not their

partner m this matter. You are instead assigning your iriterest in the Liquor License and bar tothein in exchange for them waiving the payment of their fees and costs that are due and owing tothem for their representation in this hotly contested matter. Attorneys O'Connell and Crispin donot have any interest m establishing a Trust and agreeing to give you a job at the bar upon yourrelease from prison in the next 10+ years.

9. Although you have been receiving the bank statements in regards to the operationof the bar, it has not been my responsibility to conduct any sort of an analysis or review of thesestatements for your benefit. In fact, since this is a bar, were a portion of the income is derivedfrom cash, it is always difficult to ascertain the true cash flow picture of the bar's operation.

10. With regard to your request that Attorneys O'Connell and Crispin somehowinclude representation to facilitate your transfer to the South Bay private jail facility, same is nota part of this "deal". Attorneys O'Connell advises that he only knows an official with thecompany that owns the private South Bay jail and he would make inquiry if a transfer could be

. possible.

Hopefully, .I have accurately recited our discussion regarding .this matter and believe I havecorrectly advised you of your sad position in this case where you have no "bargaining power"

At this point, I am extremely happy that I was able secure a participation in the "windfall" profitsof the bar over the next five years if.the.liquor license were sold or leased to a third party.

Please let me. know how you would like to proceed· and if you are in agi·.eement withÀttorneys.O'Connell and Cnspm final offer as outlined above. I look forward to hearing fromyou. I remam

Very truly yours,

HA BURKHALTER| YON, PL

Clifford B. H , EsquireFor the Firm

CBH/cs

E HIBI

IN THE CIRCUlT COURT OF THE FIFTEENTH JUDICIAÍ_ CIRCUIT,IN AND FOR PALM BEACH COUNTY, FLORIDA.

PPsOBATE DIVISION "lH"

CASE NO.: 50 2010 CP 003665 XXXX NB

IN E: THE ESTATE OF

RALPH RA ,''VIOND ANDRE,

Deceased.

ORDER GRANTING PELIEF AGAINST FORMER PERSONALREFPESENTATIVE /fNo ntouw & O e«æ r

THIS MATTER came before the Court on March 3, 2014, on the Petition to Void

Conflict of Interest Transactions of Former Personal Repicsentative, for Breach of

Fiduciary Duty and Surcharge, dated October 8, 20;3, meo by Curator John P.

Morrissey, Esquire. Mr. Morrissey ("Curator") appeared on his own beha;f, and former

Personal.Representative, Stacey McKindles ("Ms. McKindles") appeared with counsei.

Both parties presented testimony, the Court receiv.ed exhibits in evidence, and is

otherwise fully advised in the premises. Whereupon, the Court finds and ORDERS

AND ADJUDGES as follows:

1. The first issue presented is whether Ms. McKindles breached her fiduciary duties

as Personal Representative of the Estate of Ralph Raymond Andre by continuing

the decedent's business without Court Order, by transferring Estate assets

(namely the bar business, its ass9ts and liquor license), and engaging in conflict

of interest transactions. Ms. McKindles admitted to breach of her fiduciary duties

as Personal Representative, to transferring Estate assets including the bar

business, liquor license, and bank accounts, into one or more new corporate

entities called "Buddies Café, Inc.", and/or "Buddies Singer Island Pub, Inc.". She

admitted these were corporations of which she was the sole director, officer and

shareholder. She further admitted that she operated the Estate s bar business in

this new corporate structure, for 37 months outside the Estate. No money was

Order Granting Relief Agàinst Forrner Personal RepresentativeCase No.: 50 2010 CP 003665 XXXX NB IHPage Two

ever deposited into any Estate account from operating the bar, nor was any profitpaid to the Estate.

2. Other assets of the Estate, listed in Paragraph 3 of the Curator's Petition to Void

Conflict at bterest Transactions, were taken by the Personal Representative and

so!d, with the proceeds being deposited into the bank account of "Buddies Café,

Inc.", owned entirely by the Personal Representative.

3. The actions.described abov3 were all taken in derogation of Florida law, and Ms.

McKindles' fiduciary duties as Personal Representative of the Estate. She

admits the actions described above are conflict of interest transactions

conducted without Court approval. It is herebv ORDERED that all conflict of

interest transactions conducted by Ms. McKindles Phile she was Personal

Representative of the Estate of Ralph Raymond Andre are VOID, and of no

effect. Each such transaction by Ms. McKindles constitutes a legal dillity.

4. The second issue presented for determination is the extent to whici Ms.

McKindles is liable for damage and loss to the Estate caused by her breaches of

fiduciary duty while Personal Representative of the Estate, as described in the

preceding .paragraphs. The Court ORDERS that Ms. McKindles is liable to the

Estate for such damage and loss.

5. Evidence establishes Ms. McKindles operated the Estate's bar as "Buddies Café,

Inc." for 37 months, before being removed as Personal Representative of the

Estate. She solely controlled all the revenue generated by such operations,

paying nothing to the Estate. The parties disagree as to how the revenue

generated by such operation should be calculated, how the expenses of

operating the business should be calculated, and how the net loss of income or

revenue to the Estate from the bar operations should be calculated. Considering

all the evidence presented, the lack of expert testimony, and having reviewed the

Order Granting Relief Against Forrner Personal RepresentativeCase No.: 50 2010 CP 003665 XXXX NB IH .Page Three

figures presented by the parties, the Court calculates the amount Ms. McKindles

owes the Estate as follows:

A. Gross revenue of $1,065,773.00 was gene ated by bar operations

during the 37 month- ;n question.

5 Accordina to Sc 2011 örrcome tax returri for "Butidi n Café inc.", total

business expense för bar operations in 2011 was $250,799.00. The

gross revenue figures contained on that 2011 income tax return are

inaccurate. The correct gross revenue figure for 2011 is $426 836.00.

Thus, 59% of gross revenue was consumed paying the total expense

for bar operations. 41% of the gross revenue was left over for use by

Ms. McKindles, and was not accounted for.

C. Gross revenue of $1,065,773.00 (for 37 months) multiplied by 41%

equals $436,967.00. This is the NET REVENUE Ms. McKindles must

return to the Estate, for the operations of the bar improperly conducted

by her during the 37 months she was Personal Representative of the

Estate. It is hereby ORDERED Uiat Ms. McKindles repay this amount

to the Estate, in the manner set forth below.

D. Money Judgment is hereby entered in favor of the Estate of Ralph

Raymond Andre, against Stacey McKindles, in the amount of

$436,967.00, plus interest at the statutory rate, until paid in full, for

which let execution issue forthwith. Payment of this judgment shall be

made from Stacey McKindles' share of the Estate, and/or from Ms.

McKindles personally.

E. Ms. McKindles must pay the reasonable attorney fees of the Curator

for the litigation regarding this Petition. At hearing on March 3, 2014,

the parties agreed that the attorney hours and hourly rate set forth in

Exhibit "M9" were reasonably incurred by the Curator in pursuing this

Order Granting Relief Against Former Personal RepresentativeCase No.: 50 2010 CP 003665 XXXX NB IH

. Page Four

Petition. It is hereby ORDÉRED that Ms. McKindles pay $5,542.00 in

attorney fees incurred by ihe Curator on behalf of the Estate, in the

rænner set forth below.

---F-Meney idgment-isrhereby entérëd irifàVör öf Jöhn I . Morrissey, f.A.,

against Stacey McKindles, in the amount of $5,542.00, plus interest

at the statutory ra2a. until paid in full, for which let execution issue

forthwith. Payment of this judgment shall be made from Stacey

McKindles' share of the Estate, and/or from Ms. McKindles personally.

6. The Court reserves jurisdiction to enter such further Orders as may be

necessary, and to enforce this and all other Orders of the Court.

DONE AND ORDERED in Chambers, at Palm Beach Gardens, Palm BeachCounty, Florida this the 5th day Of March, 2014.

JOH L. H LLIPS, Circuit Judge

copies furnished via email only:

John P. Morrissey, Esquire330 Clematis StreetSuite #213West Palm Beach, FL 33401

Brian O'Connell, Esquire515 North Flagler Drive20* FloorWest Palm Beach, FL 33401

Donna P. Levine, Esquire324 Datura StreetSuite #145West Palm Beach, FL 33401

ähd Ldt n

IN THE CIRCUIT COURT OF THEFIFTEENTH TODIC[AL CIRCUIT FORPALM BEACH COUNTY, FLORIDA

PROBATE DIVISION

FILE NO.: 502010CP003665XXXXNB

IN RE: ESTATE OF

RALPH RAYMON1) ANDRE.

Deewased.

ORDER AUTHORfZING CURATOR TO

SELL DECEDENT'S LIQUOR LICENSE

THIS.MATTER came before flie dóurf tihon theMotion for Authorization to Sel] Decedent'.s

Liquor License filed by John Morrissey, as Curator of the Estate of Ralph Raymond Andre,

Deeeased, and the Court having heard arguments ofcotmsel, considering the evidence presented, and

being otherwise duly informed, it is hereby

ORDERED and ADJUDGED as follows:

L This Court previously granted the Curator's Motion for Authorization to Se]]

Decedent's Liquor License by Order entered on October 20, 2015. Ih that Order, the Court required

that the "[f]inal sale price and purchaser must be ved by C irt Order "

e CuÁrætz. cw w 9 J){. Based upon the evidence presented this Court finds as follows:

a. The 4COP alcoholic beverage license owned by Ihe Decedent's estate, licensenumber BEV6013636, and registered in the name of Buddy's Café, Inc( igyor license''), has a current fair market value of $100.000.00.

b If e C rator sells thë liquor lic nse tÑougl a n r ker., the

. . stùdard sales commissioñ woùld be eight percent (8%), or approximately. . . 8400 00 ci3 a sale ofthe li ense for $]00.000.00.

D E 2.45

hl re: Estate ofAndreCase No.: 50201()CP003665XXXXNBOrder Authorizing Curator toSell Decedent's Liquor LicenseYaÉe~1-

c. The liquor license is currently encumbered b 1

e at ount of $28,000.00 that Stacey McKi d e b o ved f, Inc., on or about June 15 2011 Th

of this Joan ís bel' ' . e current outstanding balanceleved to approximate $4,995.00.

3. Jn consideration of the foregoing, the Curator is authorized to se]] the liquor license

to A&B Pf1OPERTY ONE, LLC, by and thro hug its Managers, BRfAN M. O'CONNELL and

ASHLEY N. CRISPIN. for the amount of $87 005 00, . , so ong as this buyer either pays off or

assumes the current lien on the liquor license at the time of the sale

4. If the Curator is unable to complete the sale to A&B PROPERTY ONE, LLC, as set

forth in the foregoing paragraph, then the Curator is authorized to list and sell the liquor license

through a liquor license broker for $100 000 00 J .. .eSs any sa}es Comm1Ssloß, sales transaction costs.

transfer costs. and payment in full of the current lien on the liquor license.

DONE AND QRDERED at West Pahn Beach, Palm.Beach County, Florida, this 3 oday ofNovember 2015.

Honorable John L. Phillipsrcuit Court Judge

.i Suite 213. West Palm Beach I Jorida 33401

. ... . . i T, 20"' Floor. West Palm Beach. Florida 3340!Döhna P. Levine. Esquire 3003 South C(id!!EQUE.U F n nu nk 1 A, Palm Springs Florida 3346i

I a ci r a o C°"ecdoo Insh nn,ate oc#w25900, 216 SE correccons was

0

| 2, d * dOl6 ,

IN THE CIRCUIT COURT IN AND FOR THEFIFTEENTH JUDICIAL CIRCUIT, IN AND FORPALM BEACH COUNTY, FLORÍD

IN RE: ESTATE OF: PROBATE DIVISION

RALPH RAYMOND ANDRE FILE NO: 502010CP003665XXXXNB

Deceased. .

ORDER GRANTING MOTION FOR AUTHORIZATION TO PURCHASELIOUOR LICENSË FROM BUDDY'S CAFE, INC.

THIS CAUSE coming before the Court on A & B PROPÉRTY ONE, LLC's

Motion for Authorization to Purchase Liquor License fron Buddy's Café, Inc., the Court

having heard argument of counsel, and being otherwise fully advised, it is thereupon

ORDERED AND ADJUDGED as follows:

1. The Motion for Authorization. to Purchase Liquor License from Buddy's

fé, Inc. to &,B Prop C

DONE A ERED.in Palm Beach Gardens, Palm Beach Co orida on

the 3 © day of . , 2015.

Ho . John L. Phillipscuit Court Judge .

Copies returned: ... Brian M. O'Connell, Esq., 515 N. Flagler Dr., 20th Floor, W.est. Palm Beach, FL 33401

service@ciklinlubitz.com and slobdell(alciklinlubitz.com

John P. Morrisse , Esq., john@morrissevlawm (330 Ölematis St., Suité 213, West Palm

Do a P. Levine, Esq., levine.susaneck@gmail&om (3003 S. Corigress Ave., Suite 1A, Palm

E oe v U.S Postal ce Columbia Correction Institute, Inmate CD#W25900, 216

EXHIBIT C

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EXHIBIT G

AFFIDAVIT

STATE OF FLORIDA ))

COUNTY OF MIAMI DADE )

I, Daniel Andre do swear that the statement is true and made on my own free

will from my personal knowledge.

On 11/22/16 I filed with the Third District Court of Appeal a "Motion for

Reconsideration and/or Hearing En Banc."

I was forced to file my original because the law library technical assistant

deprived me of copies under the color of State law.

I am without any meaningful documents to access the .

Daniel C. Andre

DECLARATION OF OATH / VERIFICATION

Under the penalties ofperjury I declare the facts are true pursuant to §92.525

F.S. and Title 18 U.S.C.A. § 1746 the facts are true.

Date Daniel C. Andre1599 S.W. 187th AvenueMiami, Florida 33194

EXHIBIT "E"

IN THE DISTRICT COURT OF APPEAL ÔF THE STATE OF FLORIDAFOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401

April 27, 2017

CASE NO.: 4D16-0181, 4D16-0182L.T. No.: 502010CP003665XXXXNB,

502010CP003665XXXXNB

DANIEL CHRISTOPHER ANDRE v. JOHN P. MORRISSEY

Appellant / Petitioner(s) Appellee / Respondent(s)

BYORDEROFTHECOURT:

ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.

Served:

cc: Brian M. O'Connell Donna Phylis Levine John P. MorrisseyDaniel Christopher Andre

ct

LONN WEl8SBLUM, Clerkrounh oistnet counut Appeäi

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401

March 21, 2017

CASE NO.: 4D16-0181L.T. No.: 502010CP003665XXXXNB

DANIEL CHR R E v. JOHN P. MORRISSEY

Appellant Petitioner(s) Appellee / Respondent(s)

BY RDE F THE COUR :

ORDERE that ppellant's March 9, 2017 motion for a 90-day extension of time to file

the initial brief is nied. Ap eilan shall file the initial brief and appendix within thirty (30)

days from thepáte of this rder. Failur to comply with this order WILL result in dismissal of

this appeal for lack of ose tion wit ut f rther notice. No motions or other filings shall toll

the time to file the i ial brief and appe ix.

Served:

cc: Brian M. O'Connell Donr a Ph John P. MorrisseyDaniel Christopher Andre

DISTRICT

LONN WEISS BLUM, ClerkFourth District Court of Appeal

PRtL 20 2,0 n 4>

IN THE CIRCUIT COURT IN AND FOR THEFIFTEENTH JUDICIAL CIRCUIT, IN AND FORPALM BEACH COUNTY, FLORID

IN RE: ESTATE OF: PROBATE DIVISION

RALPH RAYMOND ANDRE FILE NO: 502010CP003665XXXXNB

Deceased.

MOTION FOR AUTHORIZATION TO PURCHASELIQUOR LICENSE FROM BUDDY'S CAFE, INC.

THIS CAUSE coining before the Court on A & B PROPÉRTY ONE, LLC's

Motion for Authorization to Purchase Liquor License fronÀ Buddy's Café, Inc., the Court

having heard argument of counsel, and being otherwise fully advised, it is thereupon

ORDERED AND ADJUDGED as follows:

1. The Motion for Authorization. to Purchase Liquor License from Buddy's

Café, Inc. to & B Property One, LLC is G

DONE A ERED.in Palm Beach Gardens, Pahn Beach Co orida on

the 3 © day of . , 2015.

A JHo . John L. Phillips D

cuit Court Judge y

Copies returned:. Brian M. O'Connell, Esq., 515 N. Flagler Dr., 20th Floor, W_est Palm Beach FL 33401

_service@ciklinlubitz.com and slobdell@ciklinlubitz.com

o . Morris , Esq., john@morrisseylaw.com (330 Clematis St., Suite 213, West Palm

Donna P. Levine, sq., levine.susaneck@gmail.com (3003 S. Congress Ave., Suite 1A, Palm

Daniel Andre, via U.S. Postal Service, Columbia Correction Institute, Inmate CD#W25900 216SE Corrections Way, Lake City, FL 32025.

SUPREME COURT OF FLORIDA

CASE NO.: SC17-301Lower Tribunal Nos.:4D16-13404D16-3649502010CP003665XXXXNB

DANIEL CHRISTOPHER ANDRE,

Petitioner,

v.

JOHN PATRICK MORRISSEY, et al.,

Respondents.

RESPONDENT, JOHN MORRISSEY, AS CURATOR,RESPONSE TO PETITIONER'S EMERGENCY

MOTION TO STAY LOWER TRIBUNAL PROCEEDINGS

Respondent, JOHN P. MORRISSEY, as Curator of the Estate ofRalph

Raymond Andre, Deceased, responds to the "Emergency Verified Motion to Stay

Lower Tribunal Proceedings" ("Motion to Stay") filed by Petitioner, DANIEL

CHRISTOPHER ANDRE, on or about April 28, 2017, and states:

1. Pro se Petitioner's latest Motion to Stay is part of a continuing

practice by Petitioner to stall or delay these proceedings. Petitioner has filed

numerous Motions for Stay and Motions for Extension of Time in the lower

tribunals, always seeking a delay in order to prevent matters from being heard or

decided.

2. According to the Fourth District Court ofAppeal's online docket,

Petitioner has filed a total of thirteen (13) cases in the Fourth District Court of

Appeal which relate to his deceased father's probate proceeding, to wit:

a. Case No. 4D15-4448b. Case No. 4D16-0181c. Case No. 4D16-0182d. Case No. 4D16-0719e. Case No. 4D16-1263f. Case No. 4D16-1340g. Case No. 4D16-1362h. Case No. 4D16-2027i. Case No. 4D16-3649j. Case No. 4D16-3975k. Case No. 4D17-03891. Case No. 4D17-0391m. Case No. 4D17-0392

Filed on November 25, 2015Filed on January 14, 2016Filed on January 14, 2016Filed on March 4, 2016Filed on April 15, 2016Filed on April 22, 2016Filed on April 25, 2016Filed on June 15, 2016Filed on October 27, 2016Filed on November 28, 2016Filed on February 7, 2017Filed on February 7, 2017Filed on February 7, 2017

3. According to Respondent's calculations from the Fourth District

Court ofAppeal's online docket, Petitioner has filed at total of fifty-two (52)

motions in the above referenced cases which request an extension of time, a tolling

of time, a stay of the proceedings, or a reinstatement ofthe proceedings.

4. Petitioner was admonished by the trial court for his multiple filings.

On July 27, 2016, the trial court entered an Order Denying Motion to Stay (Exhibit

"A "), which ruled (among other things) as follows:

The continued waste ofjudicial resources and staff time, docket time,

2

and attorney time caused by the continual filings and requests forhearing ofDaniel Andre pro se, without discernible legal or factualbasis, and without attendance by Daniel Andre at the hearings onthese matters, will not be allowed to continue. Should this wastefulbehavior occur again in the future, Daniel Andre is put on notice thatthe Court intends to impose a requirement that Daniel Andre not be

permitted to file any further pleadings, documents, or requests forhearing, unless they are signed by a member in good standing of theFlorida Bar, to insure the validity and good faith nature of thosematters brought before the Court.

5. Petitioner was admonished by the Fourth District Court of Appeal in

Case No. 4D16-1340 and Case No. 4D16-3649 for his multiple filings. On

November 16, 2016, the Fourth District Court ofAppeal entered an Order (Exhibit

"B "), which ruled (among other things) as follows:

Petitioner is cautioned that abusive, repetitive, malicious, and/orfrivolous filing may result in sanctions, such as a bar onpro se filing

in this court or referral to prison officials for disciplinary procedures.

See May v. Barthet, 934 So. 2d 1184, 1187 (Fla. 2006); § 944.279(1),Fla. Stat. (2016).

6. The continued delay in this appeal and/or a stay of the proceedings

will cause material harm and prejudice by delaying a final resolution of the

decedent's estate, final distribution of estate assets, and discharge ofRespondent

as Curator of the decedent's estate.

WHEREFORE, Respondent requests that Petitioner's Motion to Stay be

denied.

3

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent

via e-mail / e-service to: DONNA P. LEVINE, Esquire, 3003 South Congress

Avenue, Suite 1A, Palm Springs, Florida 33461 Gevine.susaneck@ginail.com);

via e-mail / e-service to BRIAN M. O'CONNELL, Esquire, 515 North Flagler

Drive, 20* Floor, West Palm Beach, Florida 33401 (hoconnejl@ciklialubitz.com);

and via First Class U.S. Mail to DANIEL ANDRE, Inmate DC # W25900,

Everglades Correctional Institution, 1599 S.W. 187* Avenue, Miami, Florida

33194, this day ofApril, 2017.

JOHN P. MORRISSEY, P.A.

By: -'''

John P. 191orrissey, Esquire330 Clematis Street, Suite 213West Palm Beach, FL 33401Telephone: (561) 833-0866Facsimile: (561) 833-0867E-Mail: john@jmorrisseylaw.comFlorida Bar #: 993727

4

FOURTH STR CT 15 5 PA BE C 8 BOF TI-3E STATE OF FLOR

November 04, 2016

CASE NO-: 4D16-1340, 4D16-3649L.T. No.: 502010CP003665XXXXNB

502010CP003665DANIEL CHRISTOPHER ANDRE

v. JOHN P. MORRISSEY, et alAppellant / Petitioner(s)

Appellee / Respondent(s)

BY ORDER OF THE COURT:

OPsDEPxED that case numbers 4D16-1340purposes of resolution by the same panel; further and 4D16-3649 are consolidated for

ORDEPsED that petitioner's October 31Emergency Motion to Stay in case number 4D16 134 enS on of Time and

OP1DERED that the petitions fa are denied; further,4D16-3649 are denied on the merits. oT cediorari in case numbers 4D16-1340 and

Petitioner is cautioned that abresult in sanctions, such as a bar on pro se n 6, malicious, and/or frivolous filing maydisciplinary procedures. See May v. Barthe9 S Coud o eferral to prison officials for

944.279(1), Fla. Stat. (2016). , 934 So. 2d 1184, 1187 (Fla. 2006); §

TAYLOP1, DAMOORGIAN and LEVINE, JJ., concur.

Seived;

cc: Donna Phylis Levine Ash

acey T si P er op er Andre la M O o nHon. John L. Ph ps

LONN WEISSBLUM, ClerkFourth District Court of Appc..a . E

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM

BEACH, FL 33401

CASE NO.: 4D16-01814D16-0182

L.T. No.: 502010CP003665XXXXNB IH

DANIEL CHRISTOPHER ANDRE,

Appellant,

vs.

John P. Morrissey, et al.,

Appellee.

JOINDER IN APPELLEE'S, JOHN MORRISSEY, AS CURATOR,RESPONSE TO APPELLANT'S REQUEST FOR ENLARGEMENT FO

TIME TO FILE INITIAL BRIEF

COME NOW, the law firm of CIKLIN LUBITZ & O'CONNELL, BRIAN

M. O'CONNELL, ESQ. and ASHLEY CRISPIN ACKAL, ESQ., and hereby join

in and consent to Appellee's, John Morrissey, as Curator, Response to Appellant's

Request for Enlargement of Time to File Initial Brief, filed herein on March 10,

2017, and request.that the Court grant the relief requested therein.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true copy of the foregoing was sent by e-mail

service to JOHN P. MORRISSEY, ESQ., John P. Morrissey, Esq.,

john@,jmorrisseylaw.com, 330 Clematis St., Suite 213, West Palm Beach, FL

33401; DONNA P. LEVINE, ESQ., levine.susaneck@gmail.com, 3003 S.

Congress Ave., Suite 1A, Palm Springs, FL 33461; and by U.S. Postal Service to

DANIEL CHRISTOPHER ANDRE, DC#W25900, Charlotte Correctional

Institution, 33123 Oil Well Road, Punta Gorda, Florida 33955, this 13th day of

March, 2017.

/s/ Ashley Crispin AckalBRIAN M. O'CONNELLFlorida Bar No: 308471ASHLEY CRISPIN ACKALFlorida No: 37495Ciklin Lubitz & O'Connell515 N. Flagler Dr., 20th FloorWest Palm Beach, FL 33401Tel.: 561/832-5900Fax: 561/833-4209primary e-mail: service@ciklinlubitz.comsecondary e-mail:probateservice@ciklinlubitz.com

2

EXHIBIT F

ø

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFOURTH DISTRICT

CASE NO. 4D16-01814D16-0182

L.T. CASE NO. 502010CP003665XXXXNB

DANIEL CHRISTOPHER ANDRE,

Appellant,

v.

JOHN P. MORRISSEY, et al.,

Appellee.

APPELLEE'S, JOHN MORRISSEY, AS CURATOR,RESPONSE TO APPELLANT'S REQUEST FOR

ENLARGEMENT OF TIME TO FILE INITIAL BRIEF

Appellee, JOHN P. MORRISSEY, as Curator of the Estate ofRalph

Raymond Andre, Deceased, responds to the Motion for Enlargement of Time filed

by Appellant, DANIEL CHRISTOPHER ANDRE, on or about March 9, 2017, and

states:

1. Pro se Appellant's latest Motion for Enlargement ofTime is part of a

continuing practice by Appellant to stall or delay these proceedings. Appellant has

filed numerous Motions for Enlargement, always seeking a delay in order to

prevent matters from being heard or decided.

2. According to the Clerk's online docket, Appellant has filed a total of

thirteen (13) cases in this Court which relate to his deceased father's probate

proceeding, to wit:

a. Case No. 4D15-4448b. Case No. 4D16-0181c. Case No. 4D16-0182d. Case No. 4D16-0719e. Case No. 4D16-1263f. Case No. 4D16-1340g. Case No. 4D16-1362h. Case No. 4D16-2027i. Case No. 4D16-3649j. Case No. 4D16-3975k. Case No. 4D17-03891. Case No. 4D17-0391m. Case No. 4D17-0392

Filed on November 25, 2015Filed on January 14, 2016Filed on January 14, 2016Filed on March 4, 2016Filed on April 15, 2016Filed on April 22, 2016Filed on April 25, 2016Filed on June 15, 2016Filed on October 27, 2016Filed on November 28, 2016Filed on February 7, 2017Filed on February 7, 2017Filed on February 7, 2017

3. According to Appellee's calculations from the Clerk's online docket,

Appellant has filed at total of forty-seven (47) motions in the above referenced

cases which request an enlargement of time, a tolling of time, a stay of the

proceedings, or a reinstatement ofthe proceedings.

4. In Case No. 4D16-0181 alone, Appellant has filed (according to

Appellee's calculations) a total of thirteen (13) motions which request an

enlargement oftime, a tolling of time, a stay of the proceedings, or a reinstatement

2

of the proceedings. This case has also been dismissed once for lack ofprosecution

(Exhibit "A").

5. In Case No. 4D16-0182 alone, Appellant has filed (according to

Appellee's calculations) a total oftwelve (12) motions which request an

enlargement of time, a tolling of time, a stay of the proceedings, or a reinstatement

of the proceedings. This case has also been dismissed once for lack ofprosecution

(Exhibit "A").

6. Appellant was admonished by the lower court for his multiple filings.

On July 27, 2016, the lower court entered an Order Denying Motion to Stay

(Exhibit "B "), which ruled (among other things) as follows:

The continued waste ofjudicial resources and staff time, docket time,and attorney time caused by the continual filings and requests forhearing ofDaniel Andre pro se, without discernible legal or factualbasis, and without attendance by Daniel Andre at the hearings onthese matters, will not be allowed to continue. Should this wastefulbehavior occur again in the future, Daniel Andre is put on notice thatthe Court intends to impose a requirement that Daniel Andre not bepermitted to file any further pleadings, documents, or requests forhearing, unless they are signed by a member in good standing of theFlorida Bar, to insure the validity and good faith nature of thosematters brought before the Court.

7. Appellant was admonished by this Court in Case No. 4D16-1340 and

Case No. 4D16-3649 for his multiple filings. On November 16, 2016, this Court

entered an Order (Exhibit "C"), which ruled (among other things) as follows:

3

Petitioner is cautioned that abusive, repetitive, malicious, and/orfrivolous filing may result in sanctions, such as a bar onpro se filingin this court or referral to prison officials for disciplinary procedures.See May v. Barthet, 934 So. 2d 1184, 1187 (Fla. 2006); § 944.279(1),Fla. Stat. (2016).

8. The continued delay in this appeal will cause material harm and

prejudice by delaying a final resolution of the decedent's estate, final distribution

of estate assets, and discharge ofAppellee as Curator ofthe decedent's estate.

9. Thepro se Appellant's Motion for Enlargement ofTime to file his

Initial Brief should be denied. Alternatively, Appellee submits that the 90-day

extension requested by Appellant is excessive.

WHEREFORE, Appellee requests that Appellant's Motion for Enlargement

ofTime be denied.

4

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing was sent

via e-mail / e-service to: DONNA P. LEVINE, Esquire, 3003 South Congress

Avenue, Suite 1A, Palm Springs, Florida 33461 (levine.susaneck@gmail.com);

via e-mail / e-service to BRIAN M. O'CONNELL, Esquire, 515 North Flagler

Drive, 20* Floor, West Palm Beach, Florida 33401 (boconnell@cildinlubitz.com);

and via First Class U.S. Mail to DANIEL ANDRE, Inmate DC # W25900,

Charlotte Correctional Institution, 33123 Oil Well Road, Punta Gorda, Florida

33955, this i ÍJ ' day ofMarch, 2017.

JOHN P. MORRISSEY, P.A.

By:John P. Morrissey, Esquire330 Clematis Street, Suite 213West Palm Beach, FL 33401Telephone: (561) 833-0866Facsimile: (561) 833-0867E-Mail: iohn@imorrissevlaw.comFlorida Bar #: 993727

5

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDAFOURTH DISTRICT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401

November 09, 2016

CASE NO.: 4D16-0181, 4D16-0182L.T. No.: 502010CP003665XXXXNB

DANIEL CHRISTOPHER ANDRE v. JOHN P. MORRISSEY

Appellant / Petitioner(s) Appellee / Respondent(s)

BY ORDER OF THE COURT:

ORDERED sua sponte that the above-styled case is dismissed for lack of prosecution.

Served:

cc: Brian M. O'Connell Donna Phylis Levine John P. MorrisseyDaniel Christopher Andre Clerk Palm Beach

ct

T

LONN WEISSBLUM, ClerkFourth District Court of Appeal

F F

IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUITIN AND FOR PALM BEACH COUNTY, FLORIDA

PROBATE DIVISION IHCASE NO. 50-2010-CP-003665-XXXX-NB

IN RE: THE ESTATE OF:

RALPH RAYMOND ANDREDeceased

ORDER DENYING MOTION TO STAY

This raatter came before the Court July 26, 2016, at the request of the

Movant, Damel Andre, on his "Motion to Set a Telephonic Hearing on Motion to

Stay, Filed April 20, 2016 (Verified)", found at Docket Entry 345. The matter to beheard was Dame] Andre's Motion to Stay Order Authorizing Sale of StatewideLiquor License filed April 26, 2016, found at Docket Entry 319. The Order settingthis hearing was mailed by the office of the undersigned on June 3, 2016 (DocketEntry 349), with a copy being fumished to Daniel Andre at the address he used onhis Motion to Set Telephonic Hearing, and his Notice ofAddress Change for SoleBeneficiary (Docket Entry 325). Curator John P. Monissey appeared as didcounsel for the office of Brian M. O'Connell. Daniel Andre failed to appear inperson, through counsel, or by telephone. The undersigned personally checked thecourt call appearance system, and left the line open tbroughout the hearing

requested by Damel Andre. On numerous occasions in the past, he has participatedm hearings by telephone using www.court call.com, the same system described inthe Order setting hearing (Docket Entry 349). Well after the instant hearing was

scheduled by Court Order, at Daniel Andre's request, he filed another notice ofaddress change(Docket Entry 368). Accordingly, it is

ORDERED AND ADJUDGED:

1. Daniel Andre's Motion to Stay Order Authorizing Sale of StatewideLiquor License (Docket Entry 319) is DENIED.

2. Daniel Andre's Motion to Stay Order Authorizing Sale of StatewideLiquor License (Docket Entry 319) was previously DENIED by "Order on Status

Confe ence of May 12, 2016 and Motion to Stay", signed May 13, 2016 (Docket

Page 1 of2

attorney t e cau ed by t cont lal resources and staff time, docket time, andAndre pro se, without discemible gal or factua d requests for hearing of Daniel

Daniel Andre at the hearings on these mattersShould this wasteful beh ' W1 Et be allowed to continue.notice that the Court inte1ds t e e, Daniel Andre is put onpennitted to file furth ° imPose a requirement that Daniel Andre not bethey are signed b a membe In g d stan g of e Fvalidity and good faith nature ofthose matters brought befo the C t

Florida h 2 ay Ju 0 6 ens, Palm Beach County,

JOHN L. PHILLIPSCircuit Judge

Copies furnished to:

DANIEL ANDRE # W25900, 6901 STATE ROAD 62 BowlJOHN P MORRISSEY, 330 CLEMATIS ST, STE 213, West a m each FL 33401

Page 2 of2

IN THE DISTR8CT COURT OF APPEAL OF THE STATE OF FLORIDA

FOURTH DBSTROCT, 1525 PALM BEACH LAKES BLVD., WEST PALM BEACH, FL 33401

November 04, 2016

CASE NO.: 4D16-1340, 4D16-3649L.T. No.: 502010CP003665XXXXNB,

502010CP003665

DANIEL CHRISTOPHER ANDRE v. JOHN P. MORRISSEY, et al.

Appellant / Petitioner(s) Appellee / Respondent(s)

BY ORDER OF THE COURT:

ORDERED that case numbers 4D16-1340 and 4D16-3649 are consolidated forpurposes of resolution by the same panel; further,

ORDERED that petitioner's October 31, 2016 Motion for Extension of Time andEmergency Motion to Stay in case number 4D16-1340 are denied; further,

ORDERED that the petitions for writ of certiorari in case numbers 4D16-1340 and4D16-3649 are denied on the merits.

Petitioner is cautioned that abusive, repetitive, malicious, and/or frivolous filing mayresult in sanctions, such as a bar on pro se filing in this court or referral to prison officials fordisciplinary procedures. See May v. Barthet, 934 So. 2d 1184, 1187 (Fla. 2006); §944.279(1), Fla. Stat. (2016).

TAYLOR, DAMOORGIAN and LEVINE, JJ., concur.

Served:cc: Donna Phylis Levine Ashley N. Crispin Joielle A. Foglietta

John P. Morrissey Daniel Christopher Andre Brian M. O'ConnellStacey Tosi Hon. Roger B. Colton Hon. John L. Phillips

ms

LONN WEISSBLUM, ClerkFourth District Court of Appeal

-F

PflGMD TO HARGEE COMECTIONALINSTITUTION ONJ /_4J0R MAlüNG

INMATE LEGAl MA

IN Re: Estate of IN THE CIRCUIT COURTRalph Raymond Andre 15th JUDICIAL CIRCUITAka Buddy Andre PALM BEACH COUNTY,

FLORIDA

DANIEL C. ANDRE, Probate DivisionMovant File No: 50 2010 CP00 3665xxxxNB

NOTICE TO THE COURT OF MALICIOUS DEPRIVATION TO ACCESSTHIS COURT BY A STATE AGENT UNDER THE COLOR OF STATE

LAW THAT CAUSED ACTUAL INJURY, (VERIFIED)

In good faith, Daniel C. Andre, pro se, sole beneficiary, and State prisoner

GIVES NOTICE to the court that he was blatantly denied access to the court by

State Agent M. L. Moseley who is his Classification Officer at Hardee

Correctional Institution in willful disregard of this Court's June 3, 2016 ORDER

SETTING REHEARING (See attached Exhibit A) which caused actual injury

Lewis v. Casey, 518 U.S. 343 (1996). (See attached Exhibit B)

Under oath I swear to the following:

1. On June. 14, 2016 I personally explained to State Agent M. L.

Moseley Honorable Judge John Phillips June 3, 2016 Order I explained what a

court call was, and how the Department complies with previous like orders without

incident. (See attached "A")

2. On June 23 2016 I provided State Agent M. L. Moseley a copy of said

order attached to an inmate request (No response was ever provided).

. 3. On July 7, 2016 having never received a response I forwarded another

request with a copy of said order (No response was ever provided).

4. Between June 14, 2016 - July 22, 2016 I personally spoke to State

Agent M. L. Moseley approx. three (3) times pertaining to this the order/hearing.

5. On 18, July 2016 I provided State Agent M. L. Moseley yet another

copy of the order via inmate request. (No response was ever provided).

6. On July 22, 2016 I provided unknown co-worker of M. L. Moseley

the original order and stressed that I must comply with the order 48 hours before

the hearing.

7. On July 25, 2016 State Agent M. L. Moseley personally by and

through security returned original order without confirmation.

8. On July 26, 2016 I was deprived access to this Court for said hearing

(Exhibit A).(Exhibit B.)9. On July 29, 2016 State Agent M. L. Moseley explained. to Movant:

"How he was not special to use a call service" "That Honorable Judge Phillips

order was not good enough" and proclaimed "I do not care!" When Movant tried

to express the ramifications of her ignorance

10. On August 2, 2016 Movant received this Court's July 27, order

Denying Movant's petition to stay license (Exhibit B) said order holds him in

semi-contempt and personally responsible for failing to comply with Exhibit A;

Movant was put on notice of possible sanctions.

11. It is Movant's position that he has done nothing wrong or exhibited

wasteful behavior.

Daniel Andre provides Notice to this Court and serves his custodian's (Et.

al) to avoid further frustrations and to justify his non-compliance and non-

attendance at July 26, 2016 Court ordered hearing.

VERIFICATION

Under the penalties of perjury I declare the forgoing is true to the best of my

ability, belief and understanding. I am a beneficiary with legal standing.

Date Daniel Andre

2

CERTIFICATE OF SERVICE

I CERTIFY that a true copy of this document has been placed into the hands

of a State agent for mailing on 8, August, 2016 to:

�042Clerkof Court 15th Indicial Circuit.

�042JohnP. Morrissey 330 Clematis St. 213 WPB FL. 33401

�042FloridaDepartment of Corrections Region III Office of Institutions 19925 U.S.HWY 27, Clermont Fla. 24715.

�042Florida Department of Corrections, Hardee C. I. c/o Assistant Warden Frizzell6901 State Road 62, Bowling Green FL. 33834

�042Florida Department of Corrections, Hardee C. I. c/o M. L. Moseley ClassificationDept. Team 7, 6901 State Road 62, Bowling Green FL. 33834

Daniel C. Andre, #W25900Hardee Correctional Institution6901 State Road 62Bowling Green, Florida 33834

3

PART C - RECEIPT (TO BE COMPLETED BY DC STAFF)

RETURN TO:

ANDRE, DANIEL W25900 1608-501-005 HARDEE C.I. B2106U

NAME NUMBER FORMAL GRIEVANCE CURRENT INMATE LOCATION HOUSING LOCATION. LOG NUMBER

I ACKNOWLEDGE RECEIPT THIS DATE OF A GRIEVANCE FROM THE ABOVE INMATE IN REGARD TO THE FOLLOWING SUBJECT:

080 (OTHER (LEGAL))

8/3/16 1608-501-005

DATE FORMAL GRIEVANCE LOGNUMBER

EXHIBIT G

AFFIDAVIT

STATE OF FLORIDA ))

COUNTY OF MIAMI DADE )

I, Daniel Andre do swear that the statement is true and made on my own free

will from my personal knowledge.

On 11/22/16 I filed with the Third District Court of Appeal a "Motion for

Reconsideration and/or Hearing En Banc."

I was forced to file my original becaúse the law library technical assistant

deprived me of copies under the color of State law.

�042 I am without any meaningful documents to access the Court .

Daniel C. Andre

DECLARATION OF OATH / VERIFICATION

Under the penalties of perjúry I declare the facts are true pursuant to §92.525

F.S. and Title 18 U.S.C.A. § 1746 the facts are true.

Date Daniel C. Andre1599 S.W. 187th AvenueMiami, Florida 33194