THE FLORIDA BAR, COMPLAINANT,
v.
FRANK M. MARKS, RESPONDENT
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The dissenting opinion argues that disciplinary proceedings against an attorney should be dismissed because no attorney-client relationship existed, and the dispute should be settled in civil court.
The dissenting justice would dismiss the disciplinary proceeding against the respondent attorney, finding no basis for charges of dishonest, immoral, or professionally unethical conduct.
The respondent attorney was involved in a real estate investment scheme with investors, including DeLucca. The referee found no attorney-client relati…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Violation Of Disciplinary Rules cases and more on FLexlaw
PER CURIAM.
This matter is before the Court on Petition for Approval of Conditional Plea for Consent Judgment and Entry of Final Order of Discipline.
On August 24,1979, The Florida Bar filed its Petition alleging: 1. On May 18, 1978, Grievance Committee “B” of the Eleventh Judicial Circuit filed its report with The Florida Bar finding probable cause in Case No. 11B78M20. In that report the committee found that on June 1, 1977 Mr. Frank M. Marks pled to and was found guilty of failing to file a U.S. Income Tax Return for 1972, in violation of Disciplinary Rule 1-102(A)(3), (4) & (6). As a result thereof, Mr. Marks submitted to The Florida Bar a Conditional Guilty Plea in return for a Public Reprimand which he signed on June 4, 1979.
2. By his plea, Mr. Marks admitted that he was guilty of failing to file a U.S. Income Tax Return for the year 1972, a federal misdemeanor. 3. During July 1979, the Board of Governors of The Florida Bar approved the Conditional Plea of Guilty submitted by the respondent.
The Petition for Approval of Conditional Guilty Plea is granted, and Respondent, Frank M. Marks, is hereby disciplined by public reprimand to be published in the Southern Reporter based upon the facts set forth above. The publication of the opinion shall serve as the public reprimand to Respondent.
Costs in the amount of $75.35 are hereby taxed against the respondent.
It is so ordered.
ENGLAND, C. J., and ADKINS, BOYD, OVERTON and ALDERMAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
State v. Lail, 687 So. 2d 873 (Fla. 2d DCA 1997)…of the speedy trial rule. The state filed a timely notice of this appeal. Florida Rule of Criminal Procedure 3.191 provides that a defendant must be taken into state custody to trigger the running of the time for speedy trial. See State v. Andrews, 376 So. 2d 9 (Fla.1979). Though custody for speedy trial purposes does not necessarily mean that a defendant must be formally arrested, it does mean something more than an investigatory detention. See State v. Christian, 442 So. 2d 988 (Fla. 2d DCA 1983). See al…
-
Bannister v. State, 382 So. 2d 77 (Fla. 5th DCA 1980)…t arrest of Bannister in September of 1978 was not independent of the earlier federal investigation. Therefore the appellant was taken into state custody commencing the speedy trial time in September, rather than February, of 1978. State v. Andrews, 376 So. 2d 9 (Fla.1979). AFFIRMED. COBB, J., concurs. DAUKSCH, C. J., concurs specially with opinion.…1 / 2
-
State v. Andrews, 377 So. 2d 234 (Fla. 3d DCA 1979)…2d 610) affirming the order of the Circuit Court for Dade County, Florida, in the above styled cause; and WHEREAS, on review of this court’s judgment, by certiorari, the Supreme Court of Florida, by its opinion and judgment filed October 11, 1979 (376 So. 2d 9) and mandate now lodged in this court, quashed this court’s judgment. NOW, THEREFORE, It is Ordered that the judgment of this court filed in this cause on January 23, 1979 is vacated and the said opinion and judgment of the Supreme Court of Florid…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence