THE STATE OF FLORIDA EX REL. THE FLORIDA BAR, COMPLAINANT,
v.
EDWIN L. DAVIS, RESPONDENT

Fla. | 1962-10-19
No. 31922
ROBERTS, C. J., and TERRELL, THOMAS and THORNAL, JJ., concur.
145 So. 2d 735 Florida Supreme Court (1962) Positive Treatment
Cited by 8 cases

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Synopsis

The Florida Supreme Court reviewed a disciplinary proceeding against attorney Edwin L. Davis brought by the Florida Bar. The Court approved the Board of Governors' judgment suspending Davis from the practice of law for one year, with continued suspension until he demonstrated rehabilitation, made full restitution to clients, and paid the costs of the proceeding.


Holding

The Court approved the Board of Governors' judgment imposing a one-year suspension from the practice of law, with continued suspension thereafter until Davis demonstrated full rehabilitation, made full restitution to his clients, and paid the actual costs of proceedings ($104.60).


Key Quotes

“respondent Edwin L. Davis, is a member of the Florida Bar and subject to the disciplinary proceedings of Article XI, Integration Rule of the Florida Bar as .adopted by the Supreme Court of Florida”

Establishes Davis's status as a Bar member subject to disciplinary jurisdiction

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Facts & Procedural History

Edwin L. Davis, a member of the Florida Bar, was charged with violations of professional ethics rules pursuant to a complaint filed November 30, 1961.…

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Opinion of the Court
CALDWELL, Justice.

CALDWELL, Justice.

The judgment of the Board of Governors of the Florida Bar entered July 19, 1962, in this disciplinary proceeding and filed in this Court July 25, 1962, with the the record and evidence and proceedings had thereto came on to be reviewed by this Court.

The report of the Board of Governors ■finds that respondent Edwin L. Davis, is a member of the Florida Bar and subject to the disciplinary proceedings of Article XI, Integration Rule of the Florida Bar as .adopted by the Supreme Court of Florida, 31 F.S.A.

Pursuant to the complaint filed November 30, 1961, respondent was charged with violation of Canons 11 and 29 of the Canons ■of Professional Ethics, Article XI, Paragraph 2 of the Integration .Rule of the Florida Bar; Rules 1, 27, 28 and 30 of the Additional Rules concerning the conduct ■of attorneys in Florida, 31 F.S.A. and Florida Statute § 832.05, F.S.A.

Although respondent received notice of final hearing he did not appear before the referee in person or by counsel.

The Board of Governors of the Florida Bar concurred in the findings of guilt by the referee and found that respondent had violated Article XI, Paragraph 2 of the Integration Rule of the Florida Bar, Canons 11 and 29 of the Canons of Professional Ethics, Rules 1, 27, 28 and 30 of the Additional Rules Governing the Conduct of Attorneys in Florida. The Board of Governors of the Florida Bar did not concur in the recommendation of the referee that respondent be disbarred, but ordered that respondent be suspended from the practice of law in Florida for a period of one year and remain suspended thereafter until he demonstrated to the Supreme Court of Florida and to the Board of Governors of the Florida Bar that he is fully rehabilitated and eligible for reinstatement pursuant to the rules of the Court, until he can show that full restitution has been made to his clients and until he pays the actual cost of the proceedings in the amount of $104.60.

More than 30 days having now elapsed since the filing with the Clerk of this Court of the judgment of the Board of Governors of the Florida Bar, together with the record of the proceedings, and no petition for review of such judgment having been filed, this Court, having duly considered the record in this cause, thereupon orders that the judgment of the Board of Governors of the Florida Bar, dated July 19, 1962, that respondent be suspended from the practice of law in Florida for a period of one year and remain suspended thereafter until he demonstrates to this Court and to the Board of Governors of the Florida Bar that he is fully rehabilitated and eligible for reinstatement pursuant to the rules of this Court, shows that full restitution has been made to his clients and pays the actual cost of the proceedings in the amount of $104.60, be approved and the said respondent is hereby suspended from the practice of law in this State under the terms and conditions set out above.

ROBERTS, C. J., and TERRELL, THOMAS and THORNAL, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • …for review of the referee’s report. The referee found as follows: 1. Petitioner was suspended from the practice of law for one year by the Supreme Court of Florida on October 19, 1962, for failing to account for trust funds. Florida Bar v. Davis, 145 So. 2d 735. 2. Petitioner was again suspended from the practice of law for one year by the Supreme Court of Florida on June 28, 1963, for wrongful conversion of money. Florida Bar v. Davis, 154 So. 2d 820. 3. Petitioner was disbarred from the practice of law…
  • State of Fla. ex rel. THE Fla. BAR v. Davis, 154 So. 2d 820 (Fla. 1963)
    …entitled to be reinstated to the practice of law in Florida. It was further or■dered that the period of suspension run concurrently with the former period of suspension adjudicated by this Court in the case of State ex rel. The Florida Bar v. Davis, 145 So. 2d 735, opinion filed October 19, 1962. We have examined the record and concluded that there is no occasion to interfere. The judgment of the Board is confirmed and respondent is suspended for one year and thereafter until he shall demonstrate restitution…
  • State of Fla. ex rel. THE Fla. BAR v. Davis, 168 So. 2d 314 (Fla. 1964)
    …ings in the amount of $56.90. This judgment is now before us for review. Both the referee and the Board of Governors considered the fact that the respondent had twice been suspended from -the practice of law for a one year period by this Court. See 145 So. 2d 735 and 154 'So. 2d 820, both cases being identical in style to this one. We have also considered our judgments in those cases in weighing the judgment to be entered in this one. The respondent has filed no appearance or petition in this Court in oppos…

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