Florida Bar v. Heller

298 So. 2d 357, 1974 Fla. LEXIS 4859
CourtSupreme Court of Florida
DecidedJuly 26, 1974
DocketNo. 44222
StatusPublished
Cited by1 cases

This text of 298 So. 2d 357 (Florida Bar v. Heller) 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. Heller, 298 So. 2d 357, 1974 Fla. LEXIS 4859 (Fla. 1974).

Opinion

PER CURIAM.

On petition of The Florida Bar, we issued an order directing respondent, Leon S. Heller, who is not a member of The Florida Bar, to show cause why he should not be held in contempt of this Court for the unauthorized practice of law. Article V, Section 15, Florida Constitution (formerly Art. V, Sec. 23, Fla.Const.), and Article II, Section 2, Integration Rule of The Florida Bar. In its petition the Bar alleged, inter alia, as follows:

“VII
“The Respondent, Leon S. Heller, was enjoined by the Supreme Court of Florida on May 5, 1971, in The Florida Bar v. Heller, 247 So.2d 434 (Fla.1971) from continuing activities constituting the unauthorized practice of law.
“VIII
“The Respondent, Leon S. Heller, has engaged in the unauthorized practice of law in Palm Beach and Broward Counties, Florida, by one or more of the following :
“A. That Respondent, Leon S. Heller, has, several times, violated the May 5, 1971, Florida Supreme Court Order holding that Respondent, Leon S. Heller, :
‘be enjoined and restrained from offering, proposing or soliciting any other person, firm, or corporation, having, or appearing to have any claim, or interest, in or to lands, properties or monies in the State of Florida, or engaging in any transaction with any such person, firm, or corporation, by which he is to recover such lands, properties, or monies, or any part thereof, for another, for compensation, either in money or thing, and from preparing or causing to be prepared, without the aid of a duly licensed member of The Florida Bar, any document necessary or relevant to the administration of any estate of any incompetent or deceased person, testate or intestate, in the Courts of the State of Florida.
“B. That during the period subsequent to May 5, 1973, Respondent, Leon S. Heller, has engaged in the unauthorized practice of law by soliciting persons having an interest in lands, properties, or monies in the State of Florida with an offer to recover such in return for compensation and from causing to be prepared without the aid of a duly licensed member of The Florida Bar documents [359]*359necessary or relevant to the administration of estates in the Courts of the State of Florida.
“C. That Respondent, Leon S. Heller, formed and created the Sun Mold Co., a Florida corporation, for the purpose of persuading claimants to quit claim their interest in property to Sun Mold Co., and then on behalf of the corporation, claimed the surplusages from the tax sales of said property and shared the monies with these individuals.
“D. That on March 5, 1973, a ‘Notice of Application for Tax Deed’ was filed in the office of the clerk of the Fifteenth Judicial Circuit of Florida containing a quotation ‘redeemed by Leon S. Heller, attorney in fact for lawful heirs of Austin B. Finley, etc.’
“E. That on March 6, 1973, Respondent, Leon S. Heller, sent a letter to the Clerk of the Circuit Court of Palm Beach County, Florida, requesting one-half of the overbid on a tax deed sale dated March 5, 1973, and a copy of a quit claim deed from Ronald I. Baron and Marilyn S. Baron, his wife, to Sun Mold Company dated November 1, 1965, but notarized April 22, 1972.
“F. That on July 29, 1972, Respondent, Leon S. Heller, sent a letter to the Clerk of the Circuit Court of Palm Beach County, Florida, requesting the overbid on a tract of property that was sold for taxes on March 6, 1972, and formerly owned by K. C. and Ollie Berry.
“G. That on August 22, 1972, Respondent, Leon S. Heller, sent a letter to one Frank Carter offering his assistance in recovering an overbid in a tax sale of property of August 2, 1971.
“H. That on October 9, 1972, Respondent, Leon S. Heller, sent a letter to the Clerk of the Circuit Court of Palm Beach County, Florida, requesting payment of the overbid on a tax deed sale of October 2, 1972, of property formerly owned by Dean Andrews.
“I. That on May 5, 1972, a letter, upon which Respondent’s name appears on the letterhead, was sent to the Clerk of the Circuit Court of Palm Beach County, Florida, from Ivor Howard, on behalf of Sun Mold Co., a Florida corporation, requesting an overbid from a tax deed sale of May 1, 1972, of property formerly owned by Dorothy McKnew and pursuant to a letter of April 2, 1972, sent by Respondent, Leon S. Heller, to Dorothy McKnew.
“J. That on May 6, 1972, a letter, upon which Respondent’s name appeared on the letterhead, was sent to the Clerk of the Circuit Court of Palm Beach County, Florida, from Ivor Howard, on behalf of Sun Mold Co., a Florida corporation, regarding a tax deed sale of August 2, 1972, certificate number 159 of 1965.
“K. That during the years 1971 and 1972, Respondent, Leon S. Heller, corresponded with the Assistant County Attorney for Palm Beach County relating to an overbid from a tax deed sale of October 5, 1970, certificate number 515, 1968, lot number 1, block 3, Lake Worth Hills 23-44-22.
“L. That on September 15, 1972, Respondent, Leon S. Heller, solicited his services via mail to Malville H. Rickard, Joseph Nagy, William Nagy, and Samuel Nagy in obtaining payment of the overbid on a tax deed sale of Lot 13, Block 20, Palm Acres Estates, Addition # 2, Section 5, Township 44, Range 43.
“M. That on June 9, 1972, Respondent, Leon S. Heller, sent a letter to Anthony F. Marino, a New Jersey attorney, explaining that Respondent was performing services for Evelyn Moss Wyatt, a client of Anthony F. Marino, by collecting an overbid from a tax deed sale of March 6, 1972, and via his services he would ‘absorb attorney fees, court costs, etc.,’ from that overbid.
“N. That for all these services Respondent, Leon S. Heller, either charged fees [360]*360or was given compensation in various amounts.”

Respondent filed pro se an answer denying the foregoing allegations of the Bar and we appointed a referee to conduct a hearing and take testimony to establish the facts herein. After proper notice to all parties, a hearing was held on April 29, 1974, prior to which on April 16 respondent filed a motion for continuance alleging as grounds therefor that he “has this day left for Laredo, Texas, where he will be hospitalized for treatment.” Respondent did not appear nor was he represented by counsel at the hearing. The record shows the Bar inquired of the only hospital then operating in Laredo, Texas, several days following respondent’s motion, and the hospital advised the Bar that respondent had not been hospitalized nor made arrangements to be hospitalized there in the future.

We quote the referee’s report in pertinent part as follows:

“The referee finds that the Respondent has continued to engage in similar activities which were prohibited in Florida Bar v. Heller, 247 So.2d 434 (Fla.1971). This finding is based on the following evidence:
“1. Six quit claim deeds from different individuals to Sun Mold Company, dated during 1972 or 1973, stamped with the following:
‘This instrument prepared by Leon S. Heller, P. O. Box 8204, Fort Lauderdale, Florida 43310.’

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824 So. 2d 154 (Supreme Court of Florida, 2002)

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Bluebook (online)
298 So. 2d 357, 1974 Fla. LEXIS 4859, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florida-bar-v-heller-fla-1974.