THE FLORIDA BAR, COMPLAINANT,
v.
RICHARD C. DAVIS, RESPONDENT
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The Florida Supreme Court disbarred attorney Richard C. Davis for misappropriating estate funds and failing to account for assets in his capacity as administrator of two estates. The court adopted the Referee's findings and recommendation, permanently removing Davis from the practice of law in Florida.
The Florida Supreme Court disbarred Richard C. Davis from the practice of law, adopting the Referee's recommendation. Reinstatement rights are reserved provided Davis makes complete restitution, pays the costs of the proceeding, and demonstrates he can conduct himself properly as a member of the Bar.
[1] Misappropriation of estate funds for personal use by an attorney constitutes grounds for disbarment.
[2] An attorney convicted of grand larceny for stealing estate assets is subject to disbarment.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“For his crime of larceny, of which he stands convicted, and for his failure to account, even to this time, for the assets of the Estate of Jesse Demchak coming into his possession as administrator, the Respondent be disbarred.”
Establishes the core grounds for disbarration based on theft and failure to account for estate assets
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Join FLexlaw to unlock all legal intelligenceDavis served as administrator for the estate of Jesse Demchak and as co-administrator for the estate of Grace G. Dix. In the Demchak estate, the Circu…
The full statement of facts, procedural history, and disposition for this case are member content.
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In this Bar disciplinary proceeding, we have for review a Referee’s recommendation that the respondent, Richard C. Davis, a member of The Florida Bar, be disbarred from the practice of law in this state for misappropriating estate funds for his personal use.1 The Board of Governors agreed with the Referee’s findings of fact and recommendation for disbarment. Neither side has filed a brief or requested a hearing, and the time period for seeking review has expired. Integration Rule 11.09, 32 F.S.A.
The findings of fact made by the Referee disclose, among other things, that the respondent became the administrator for Jesse Demchak’s estate. In the performance of his duties as administrator, the Circuit Court for Pinellas County found that respondent committed the crime of grand larceny by stealing assets of the estate. The Second District Court of Appeal affirmed the conviction in a decision reported at 233 So.2d 641, and we denied cer-tiorari in an order published at 238 So.2d 425.2
*486In addition, the Referee stated that respondent in his capacity as co-administrator for the estate of Grace G. Dix had failed, notwithstanding court orders, to distribute the assets of the estate entrusted to him. Furhermore, respondent had refused to comply with another court order requiring him to deposit all monies belonging to the estate into the estate’s bank account.
Based upon these findings, the Referee recommended that:
“For his crime of larceny, of which he stands convicted, and for his failure to account, even to this time, for the assets of the Estate of Jesse Demchak coming into his possession as administrator, the Respondent be disbarred.
* * * * * *
“For his failure as administrator to account for and turn over to those entitled thereto the assets of the Estate of Grace G. Dix coming into his hands as administrator until he was actually ordered incarcerated the Respondent be disbarred.
“That the judgment of disbarment reserve unto the Respondent the rights to apply for reinstatement at such time as he has made complete restitution, paid the costs of this proceeding, and demonstrated that he can and will conduct himself properly as a member of the Bar.
“That costs be assessed against Respondent in the total amount of $2,107.-47.”
Having examined the record in this matter, we approve the findings and recommendations of the Referee. Accordingly, respondent, Richard C. Davis, is hereby disbarred from the practice of law in the State of Florida and ordered to pay the costs of these proceedings.
It is so ordered.
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS and DEKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- State v. Davis, 234 So. 2d 713 (Fla. 2d DCA 1970)
- Freeman v. Freeman, 238 So. 2d 425 (Fla. 1970)
- Davis v. State, 233 So. 2d 641 (Fla. 2d DCA 1970)
- THE Florida BAR v. Davis, 257 So. 2d 14 (Fla. 1971)