STATE OF FLORIDA EX REL. THE FLORIDA BAR, COMPLAINANT,
v.
JOHN D. JOHNSON, RESPONDENT

Fla. | 1961-04-12
No. 30842
THOMAS, C. J., and ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.
127 So. 2d 886 Florida Supreme Court (1961) Positive Treatment
Cited by 6 cases

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Synopsis

The Florida Supreme Court upheld the suspension of attorney John D. Johnson for professional misconduct, including misappropriation of client funds for tax payments and divorce proceedings, commingling trust money with personal funds, and refusing refunds. The court imposed a six-month suspension followed by conditions for reinstatement, including repayment of converted funds with interest.


Holding

Johnson was found guilty of violations of the Rules Governing the Conduct of Lawyers in Florida and suspended from practice for six months, with reinstatement conditioned upon repayment of all converted funds with interest and demonstration of entitlement to reinstatement to the Board of Governors and the court.


Key Quotes

“he accepted money and employment in his professional capacity to make payment of certain taxes on real property owned by a client but failed to make said payments and subsequently commingled the trust money with his personal funds”

Establishes the core misconduct: misappropriation and commingling of client funds

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

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Facts & Procedural History

Johnson accepted money and employment from a client to pay real property taxes but failed to make the payments and commingled the trust funds with his…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

The Florida Bar filed a complaint against the respondent, John D. Johnson, an attorney, admitted to practice law in the State of Florida, charging’ that the respondent was guilty of unprofessional conduct in that he accepted money and employment in his professional capacity to make payment of certain taxes on real property owned by a client but failed to make said payments and subsequently commingled the trust money with his personal funds; that upon two occasions he accepted deposits and employment to institute divorce proceedings but failed to institute the proceedings and refused to refund the monies deposited therefor. By reason of these alleged acts, the respondent was charged with violation of Rule B, section (1), subd. 44 of the Rules Governing the Conduct of Lawyers in Florida and Rules 1 and 30 of Additional Rules Governing the Conduct of Attorneys in Florida, 31 F.S.A. A hearing on the complaint was duly held before a referee who, after taking the evidence, found that the matters alleged in the complaint were true; that the respondent was guilty of the allegations of misconduct and thereupon recommended that the respondent be disbarred.

Thereafter, on February 8, 1961, the Board of Governors of The Florida Bar filed with the clerk of this court its judgment in which the findings of fact made by the referee were approved and adopted. The Referee’s recommendation of disciplinary action was mitigated to the extent that the respondent be suspended from the practice of law for a period of six months after the judgment should become final, and continuously thereafter until he should demonstrate to the Board of Governors of The Florida Bar, and to this court that he is entitled to be reinstated in the practice of law. The judgment also assessed actual costs of the proceedings against the respondent in the sum of $94.05.

More than thirty days having now elapsed since the filing with the clerk of this court of the judgment of the Board of Governors together with the transcript of the evidence and the other proceedings in the cause, and no petition for review of said judgment having been filed, and this court, having duly considered the record and the recommendations in said cause, it is ordered that the judgment oí the Board of Governors of The Florida Bar that the respondent John D. Johnson be suspended from the practice of law in Florida for a period of six months commencing with the date of this order and continuously thereafter until he shall have paid the costs of this proceeding in the sum of $94.05 and further, continuously thereafter until in accordance with Article XI, Section 5(i) of the Integration Rule, 31 F.S.A., he shall demonstrate to the Board of Governors of The Florida Bar, and to this court that he is entitled to be reinstated in the practice of law, be and the same is hereby approved and adopted as the judgment of this court. The respondent shall not be entitled to apply for reinstatement until at least six months after date of this order, and no petition for reinstatement shall be filed until it affirmatively appears that the respondent has repaid all sums of money which he has received and converted to his own use, together with lawful interest from the date he received the same.

Execution is hereby directed to issue for the costs assessed against the respondent.

THOMAS, C. J., and ROBERTS, DREW, THORNAL and O’CONNELL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …a period of six months and continuously thereafter until he shall have paid the cost of this proceeding and shall have demonstrated to the Board of Governors and this court that he is entitled to be reinstated in the practice of law. April 12, 1961, 127 So. 2d 886, this court entered final judgment as per recommendation of the Board of Governors. About two months after the foregoing judgment was entered a second complaint was filed by The Florida Bar against respondent charging him with unprofessional conduc…
  • THE Florida BAR v. Rose, 187 So. 2d 329 (Fla. 1966)
    …of carelessness, procrastination and inattention to duty,” and he was caused to pay the costs of proceedings, together with being publicly reprimanded for his neglect of duty and unprofessional conduct. In State ex rel. Florida Bar v. Johnson, Fla., 127 So. 2d 886, on the first of two complaints, the respondent was found guilty of not performing the legal services for which he had been hired, and the referee recommended disbarment, however, the board of governors recommended suspension for six months in addit…
  • THE Florida BAR v. Johnson, 241 So. 2d 161 (Fla. 1970)
    …as follows : “The Petitioner was disbarred from the practice of law on April 25, 1962. The State of Florida ex rel. The Florida Bar v. John D. Johnson, 140 So. 2d 306 (Fla.1962). See also State of Florida ex rel. The Florida Bar v. John D. Johnson, 127 So. 2d 886 (Fla.1961). “The Referee found Petitioner rehabilitated and that Petitioner had made full restitution to his clients with the exception of money owed to Lottie Ferguson. He further found that Petitioner had made a diligent effort to locate Lottie F…

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