THE FLORIDA BAR. IN RE JAMES WILLETT WINTERS

Fla. | 1984-03-01
No. 63311
ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.
446 So. 2d 1070 Florida Supreme Court (1984)

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Synopsis

The Florida Supreme Court approved attorney James Willett Winters' petition to resign from the practice of law without leave to apply for readmission. The resignation was granted after Winters' prior petition for resignation with leave to reapply was denied twice, and while disciplinary proceedings were pending against him.


Holding

The Court approved Winters' petition to resign without leave to apply for readmission permanently, striking his name from the roll of attorneys in Florida effective immediately.


Headnotes

[1] A lawyer may petition to resign from the bar without leave to reapply for readmission permanently.

[2] A petition for resignation without leave to reapply may be conditioned upon the Board of Governors' acceptance of specific terms and conditions.

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Key Quotes

“Respondent's name is hereby stricken from the roll of attorneys in the State of Florida effective this date.”

The operative disposition of the Court's order granting the resignation petition.

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Facts & Procedural History

Winters had previously filed a petition to resign with leave to reapply, which was denied by the Court on June 23, 1983, and again denied on reconside…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

This matter is before the Court on Respondent’s Petition for Leave to Resign Without Leave to Apply for Readmission Permanently, pursuant to article XI, Rule 11.08 of the Integration Rule of The Florida Bar. The Petition is conditioned upon acceptance by the Board of Governors of the following terms and conditions:

1. The [Respondent] has previously filed a Petition for Leave to Resign with Leave to Reapply, which was denied by this Honorable Court by Order dated Thursday, June 23, 1983.

2. The [Respondent] filed his Petition for the Court to Reconsider the aforementioned Order, which was again denied by this Honorable Court on Monday, September 26, 1983.

3. The previous Petition for Leave to Resign with Leave to Reapply set forth all of the background information concerning the [Respondent].

4. The [Respondent] is presently pending investigation of disciplinary proceedings by a Florida Bar Grievance Committee within the Fifteenth Judicial Circuit, Palm Beach County, Florida, Case No. 15E84F01.

5. The [Respondent] is no longer actively engaged in the practice of law, is not holding any funds in trust, or acting in any fiduciary capacity.

6. The [Respondent] agrees to a waiver of confidentiality regarding this matter. 7. The [Respondent] agrees to cooperate with any Clients Security Fund investigation conducted by The Florida Bar. 8. This Petition is without leave to apply for readmission permanently. [Re spondent] believes that the public interest would not be adversely-affected by the granting of this Petition, and that permitting him to resign without leave to apply for readmission permanently will not adversely affect the purity of the courts nor hinder the administration of justice, nor the confidence of the public in the legal profession, and will cause no harm to the public nor the administration of justice.

9. [Respondent] has consulted counsel in this matter, and does hereby freely and voluntarily submit this Petition to Resign Without Leave to Apply for Readmission Permanently.

The Florida Bar having now filed its response supporting the Petition for Leave to Resign Without Leave to Apply for Readmission Permanently and the Court having reviewed the same and determined that the requirements of Rule 11.08(3) are fully satisfied, the Petition for Leave to Resign Without Leave to Apply for Readmission Permanently is hereby approved. Respondent’s name is hereby stricken from the roll of attorneys in the State of Florida effective this date.

It is so ordered.

ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDONALD, EHRLICH and SHAW, JJ., concur.


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