CITY OF MIAMI, PETITIONER,

v.

JAMES P. GILBERT, RESPONDENT

Citator

Cited By (20 total)

• THE Florida BAR v. Tauler, 775 So. 2d 944 (Fla. 2000)
  …ot been rebutted. Although a referee’s findings of fact are given deference, the scope of review of recommended discipline is broader because this Court has the ultimate responsibility to determine the appropriate sanction. See Florida Bar v. Niles, 644 So. 2d 504 (Fla.1994). However, this Court has recognized that the referee “occupies a favored vantage point for assessing key considerations-such as a respondent’s degree of culpability and his or her cooperation, forthrightness, remorse, and rehabilitation (…
• THE Florida BAR v. Vining, 761 So. 2d 1044 (Fla. 2000)
  …t 459. The Court’s scope of review of a referee’s recommended discipline, however, is broader than that afforded to findings of fact because this Court has the ultimate responsibility to determine the appropriate sanction. See Florida Bar v. Niles, 644 So. 2d 504, 506 (Fla.1994). Yet, the Court “will not second-guess a referee’s recommended discipline so long as that discipline has a reasonable basis in existing caselaw.” Florida Bar v. Lecznar, 690 So. 2d 1284, 1288 (Fla.1997). Florida Standard for Imposin…
• THE Florida BAR v. Vining, 707 So. 2d 670 (Fla. 1998)
  …, filed suit against respondent and, in September, 1993, was awarded damages for conversion and civil theft.9 REFEREE’S FINDINGS OF FACT The referee is responsible for findings of fact and resolving conflicts in the evidence. Florida Bar v. Niles, 644 So. 2d 504, 506 (Fla.1994). The referee’s findings of fact enjoy a presumption of correctness and “should not be overturned unless clearly erroneous or lacking in evidentiary support.” Id. Respondent claims that the referee’s findings are not supported by comp…

Authorities Cited

• City of Miami v. Bell, 634 So. 2d 163 (Fla. 1994)
• City OF Miami v. Gilbert, 630 So. 2d 1241 (Fla. 1st DCA 1994)