Murrell v. Florida Bar

122 So. 2d 169, 1960 Fla. LEXIS 2189
CourtSupreme Court of Florida
DecidedJuly 20, 1960
StatusPublished
Cited by5 cases

This text of 122 So. 2d 169 (Murrell v. Florida Bar) 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
Murrell v. Florida Bar, 122 So. 2d 169, 1960 Fla. LEXIS 2189 (Fla. 1960).

Opinion

PER CURIAM.

The opinion of this court filed May 4, 1960, is hereby withdrawn and the following opinion is substituted therefor.

This is a disciplinary proceeding brought by The Florida Bar against attorney John M. Murrell, Sr., of Miami, Florida, pursuant to Article XI of the Integration Rule as Amended, 31 F.S.A. The original complaint was filed in the latter part of 1954 or early 1955 by Hudson Thomas and Roman Proske before Division B, Grievance Committee of the Eleventh Judicial Circuit, hereinafter referred to as the 1955 Committee.

Appropriate notice was given petitioner by the Chairman of the 1955 Committee that a hearing would be held February 5, 1955, at noon in the East Circuit Court Room on the fifth floor of the Dade County Court House, Miami, Florida, the purpose of which would be to consider the complaint filed by Hudson Thomas and Roman Proske against petitioner. At said hearing evidence was taken and the charges considered, the history of which and the judgment reached are set out by affidavit of William B. Re-[170]*170man, Chairman of the Committee, dated October 27,19S9, as follows:

“1. That he was duly appointed Chairman of Division B of the Eleventh Circuit Grievance Committee of The Florida Bar for The Florida Bar year 1954-55, and at all times mentioned herein, pertaining to John M. Murrell, Sr., he acted in such capacity.
“2. That he has read the pending complaint filed in the Supreme Court of Florida under the style of State of Florida, ex rel. The Florida Bar, Complainant, v. John M. Murrell, Sr., Respondent, at the request of John M. Murrell, Sr., which is attached to this affidavit as Exhibit ‘A’, and by reference made a part hereof;
“3. That the charges which form the basis of said complaint now pending against the respondent are the same in substance as those which formed the basis of a previous complaint filed with the Florida Bar by the same persons, namely, Hudson Thomas and Roman Proske, against John M. Murrell, Sr., and which came on for investigation before Division B of said Grievance Committee of the Florida Bar on February 5, 1955, when affiant was Chairman thereof;
“4. Affiant, as Chairman of Division B of the Eleventh Circuit Grievance Committee, notified John M. Mur-rell, Sr., that Division B of said Grievance Committee would hear the complaint containing said charges filed against him by the said Hudson Thomas and Roman Proske on Saturday, February 5, 1955, in the Dade County Court House, and that John M. Murrell, Sr., should be present and prepared to present all facts in his possession concerning said charges, the nature of which he could read at the office of the Chairman, filed under Official Docket No. 383, of the Florida Bar, a true copy of said notification to John M. Murrell, Sr., being hereto attached as Exhibit ‘B’, and by reference made a part hereof;
“5. That at the appointed time and place, Division B of the Eleventh Circuit Grievance Committee duly heard the,charges contained in said complaint of said Hudson Thomas and Roman Proske, which contained the same charges in substance as those contained in Exhibit ‘A’, and duly received and admitted the testimony of all witnesses which were produced by the complainants, Hudson Thomas and Roman Proske, and by John M. Murrell, Sr., and considered all the documentary evidence which the parties produced before said Grievance Committee, including the office files of the said John M. Murrell, Sr., pertaining to the transactions contained in said charges;
“6. That at the conclusion of said Rearing, said Eleventh Circuit Grievance Committee, Division B, took the charges in the said complaint of Hudson Thomas and Roman Proske, against the said John M. Murrell, Sr., under advisement and duly deliberated thereon and adjudged on February 8, 1955, that the said John M. Murrell, Sr., was not guilty of any unprofessional conduct, charged against him in the charges contained in said complaint and closed their files on the matter; and that due notice to the complaining witness, Hudson Thomas, and to the respondent, John M. Murrell, Sr., of the decision and judgment of the Committee finding the respondent not guilty was given by letter, a true copy of which is hereto attached as Exhibit ‘C’, and by reference made a part hereof, the original of which was duly mailed to said Hudson Thomas and a copy of the same was duly mailed to John M. Murrell, Sr.;
“7. That under the Integration Rule then in existence governing the action of said Grievance Committee, their ac[171]*171tion was final, and unless they found the accused attorney guilty of professional misconduct, they were not required to file with the Board of Governors any report of the same, and consequently the said Committee following said Integration Rule did not file any report of said hearing with the Board of Governors of The Florida Bar;
“8. That said Grievance Committee is unaware of any appeal of their decision and judgment to the Board of Governors by said Hudson Thomas and Roman Proske, or either of them, and they are unaware of any procedure under the Integration Rule then governing which would authorize such appeal; likewise, they are unaware and were not consulted by anybody of any action taken by the Board of Governors of The Florida Bar on any such appeal (if taken); that the said Hudson Thomas and Roman Proske did not withdraw their complaint containing said charges against John M. Murrell, Sr., before said Committee, but insisted upon the same being heard and tried, and the same were heard and tried and judgment of not guilty of any unprofessional conduct was rendered on said charges in favor of said John M. Mur-rell, Sr., and remains unmodified and unreversed as far as this affiant is aware or had ever heard of; that said action of said Grievance Committee was and intended to be by said Committee a final disposition and judgment of no unprofessional conduct on said charges in favor of John M. Murrell, Sr.”

On January 14, 1956, approximately a year after petitioner was discharged as shown by the William B. Roman affidavit above-quoted, and approximately five years after petitioner had ceased to represent the complaining witnesses, the said witness Hudson Thomas became dissatisfied with the action taken by the 1955 Committee as revealed by the William B. Roman affidavit, and wrote the executive director of respondent and requested a review of the aforesaid judgment. August 14, 1957, a notice was served on John M. Murrell, Sr., notifying him that he had been charged with professional misconduct and breach of professional duty, the said charge or charges being as follows:

“You are hereby notified that you are charged with professional misconduct as follows:
“(1) On March 20, 1951, your clients Hudson Thomas and Roman Proske assigned a lease to you in trust. Between that date and January, 1952, you used this assignment to coerce your clients against their wishes and to their pecuniary loss to release their leasehold to their lessors, the town of North Miami, with the intent and result that you received payment from and through the Town of a larger sum than you had contracted to receive from your clients.
"(2) By coercion and threats you sought to extort or extorted payment in excess of your agreed fee from your clients Hudson Thomas and Roman Proske:

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Bluebook (online)
122 So. 2d 169, 1960 Fla. LEXIS 2189, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murrell-v-florida-bar-fla-1960.