Florida Bar v. Heaton

Supreme Court of Florida

Florida Bar v. Heaton

529 So. 2d 1105, 13 Fla. L. Weekly 473, 1988 Fla. LEXIS 860, 1988 WL 89785

CourtSupreme Court of Florida

DecidedAugust 18, 1988

DocketNo. 71956

StatusPublished

This text of 529 So. 2d 1105 (Florida Bar v. Heaton) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Florida Bar v. Heaton, 529 So. 2d 1105, 13 Fla. L. Weekly 473, 1988 Fla. LEXIS 860, 1988 WL 89785 (Fla. 1988).

Pincite

Opinion

PER CURIAM.

This disciplinary proceeding is before the Court on the complaint of The Florida Bar, the respondent’s conditional guilty plea for a consent judgment, and the report of the referee.

The complaint of The Florida Bar charged the respondent, Robert W. Heaton, with four counts of professional misconduct. The respondent submitted a conditional guilty plea which also incorporated a fifth item of misconduct. The Bar gave its approval to the proposed consent judgment of disbarment, and the referee recommended its adoption.

Three of the charges of misconduct to which the respondent pled guilty involved undertaking to provide representation, receiving fee payments, and then failing to perform professional services in a timely manner. The referee recommended that respondent be found guilty of the usual litany of rules violations. One count charged that respondent received an excess fee, remitted to him unintentionally by his client, and retained the unearned fee for many months, promising but failing to timely return it.

The item of misconduct to which respondent pled guilty without its being set forth in a formal complaint was based on his conviction on felony charges of trafficking, conspiring to traffic, possession, and delivery of cocaine.

The referee recommends that respondent be disbarred. We approve the referee’s report. Robert W. Heaton is hereby disbarred, effective immediately.

The costs of this proceeding are taxed against the respondent. Judgment is entered against Robert W. Heaton for costs in the amount of $1,363.25, for which sum let execution issue.

IT IS SO ORDERED.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.

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PER CURIAM.

This disciplinary proceeding is before the Court on the complaint of The Florida Bar, the respondent’s conditional guilty plea for a consent judgment, and the report of the referee.

The complaint of The Florida Bar charged the respondent, Robert W. Heaton, with four counts of professional misconduct. The respondent submitted a conditional guilty plea which also incorporated a fifth item of misconduct. The Bar gave its approval to the proposed consent judgment of disbarment, and the referee recommended its adoption.

Three of the charges of misconduct to which the respondent pled guilty involved undertaking to provide representation, receiving fee payments, and then failing to perform professional services in a timely manner. The referee recommended that respondent be found guilty of the usual litany of rules violations. One count charged that respondent received an excess fee, remitted to him unintentionally by his client, and retained the unearned fee for many months, promising but failing to timely return it.

The item of misconduct to which respondent pled guilty without its being set forth in a formal complaint was based on his conviction on felony charges of trafficking, conspiring to traffic, possession, and delivery of cocaine.

The referee recommends that respondent be disbarred. We approve the referee’s report. Robert W. Heaton is hereby disbarred, effective immediately.

The costs of this proceeding are taxed against the respondent. Judgment is entered against Robert W. Heaton for costs in the amount of $1,363.25, for which sum let execution issue.

IT IS SO ORDERED.

EHRLICH, C.J., and OVERTON, McDonald, shaw, barkett, GRIMES and KOGAN, JJ., concur.

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Bluebook (online)

529 So. 2d 1105, 13 Fla. L. Weekly 473, 1988 Fla. LEXIS 860, 1988 WL 89785, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-v-heaton-fla-1988.