State ex rel. Florida Bar v. Hill

132 So. 2d 170, 1961 Fla. LEXIS 2276
CourtSupreme Court of Florida
DecidedJuly 26, 1961
DocketNO. 40074
StatusPublished
Cited by3 cases

This text of 132 So. 2d 170 (State ex rel. Florida Bar v. Hill) 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
State ex rel. Florida Bar v. Hill, 132 So. 2d 170, 1961 Fla. LEXIS 2276 (Fla. 1961).

Opinion

TERRELL, Justice.

September 8, 1960, through its counsel, The Florida Bar filed a complaint against Ray Hill, a practicing attorney of Miami, Florida, the pertinent part of which is as follows:

“1. The respondent, Ray Hill, is, and at all times hereinafter mentioned was, a member of The Florida Bar, practicing law at Miami, Dade County, Florida, in the Eleventh Circuit.
“2. This Complaint is filed by The Florida Bar, by direction of its Board of Governors, and all conditions prerequisite to the filing of said Complaint, required by the Integration Rule, have been fulfilled.
“3. The respondent, Ray Hill, during the periods of time hereinafter mentioned has been guilty of professional misconduct in the following respects:
“(a) During the early part of the year'1958 the respondent was employed by one Harvey L. Kendall to collect an account in the amount of $187.50. This collection was made by the respondent during the summer months of 1958, but was deposited by the respondent to his own account and neither the collected funds nor any portion thereof was forwarded to the said Harvey L. Kendall. On or about December 30, 1958, the respondent mailed his check in the said amount of $187.50 to Harvey L. Kendall, which check was returned unpaid to Mr. Kendall with the notation ‘account closed’. The issuance of the said check, with no funds in the account to pay said check was admitted by the respondent when he appeared before the Grievance Committee for the 11th Judicial Circuit on January 16, 1960, In the Matter of: Ray Hill, No. 1061; Complaint of: Harvey L. Kendall. In addition to the issuance [171]*171of a worthless check, the respondent also admitted at the said hearing the charge of Harvey L. Kendall to the effect that the respondent failed to account for monies collected by the respondent as his attorney.
“(b) In representing an injured claimant, one Ernest Parodi, as the result of an accident which occurred on March 30, 1957, the respondent made a settlement with the alleged tort feasor, from which settlement proceeds he withheld the sum of $305.00 for payment of the medical bill rendered by Dr. Albert Reinherz. The respondent, as attorney for the claimant, failed to pay this medical bill, and, only after complaint was made by Dr. Reinherz to The Florida Bar did the respondent pay the sum of $200.00 on account and in part payment, and thereafter failed to pay the balance of $105.00 after agreeing and promising to do so. The foregoing facts were admitted by the respondent at a hearing before the Grievance Committee for the 11th Judicial Circuit on January 16, 1960, In the Matter of: Ray Hill, No. 1073; Complaint of: Dr. Albert Reinherz.
“(c) On or about March 7, 1959, the respondent issued a worthless check to one George W. Scholz, Jr., in payment of a personal loan, said check being in amount of $225.00. When the check failed to clear when first deposited, the respondent advised Mr. Scholz to re-deposit the check and it was, once again, returned marked ‘insufficient funds’. Only after the said George W. Scholz, Jr., made complaint to the State Attorney’s office in Dade County, Florida, the respondent made full and complete restitution. The issuance of the worthless check was admitted by the respondent at a hearing before the Grievance Committee for the 11th Judicial Circuit on January 16, 1960, In the Matter of: Ray Hill, No. 1099; Complaint of: George W. Scholz, Jr.
“(d) On or about August 11, 1958, the respondent received from one Bruce Z. Riddle the sum of $500.00 to be invested for him in a particular manner, and the respondent thereafter applied said funds for the payment of a personal debt of the respondent. On or' about March 4, 1959, the respondent issued a check in amount of $300.00' to the said Bruce Z. Riddle, purportedly in part payment and restitution, on the Florida National Bank at Coral Gables, without sufficient funds in the bank to pay said check. The diversion by the respondent of the aforesaid sum of $500.00 entrusted to him by Bruce Z. Riddle for the payment of a personal debt of the respondent, and the subsequent issuance of the worthless check for $300 in part payment and restitution by the respondent was admitted by the respondent on January 16, 1960, in a hearing before the Grievance Committee for the 11th Judicial Circuit, In the Matter of: Ray Hill, No. 1182; Complaint of: Bruce Z. Riddle.
“(e) During the period on or about February 11, 1957, to December 1, 1958, the respondent employed one Mrs. Rev-alo'n B. Henderson, and, at the termination of her employment, was indebted to her in the sum of $290.52. In part payment of said debt, the respondent issued a worthless check to Mrs. Henderson in the amount of $109.61, which check was returned because of, insufficient funds. After Mrs. Henderson made complaint to the State Attorney of Dade County, and filed] charges against the respondent, restitution was made and the check was paid, and the charge was noil pressed. The issuance of the worthless check, was admitted by the respondent on January 16, 1960, in a hearing before. the Grievance Committee of the 11th Judicial Circuit, In the Matter of: Ray Hill, No. 1113; Complaint of: Reva-lon B. Henderson.
[172]*172“(f) On or about August 7, 1959, the respondent issued a check on the South Dade Farmers Bank in the sum of $62.10 to the order of the Miami Transit Company, which check was worthless and was returned for insufficient funds upon deposit by the payee. The issuance of this check was admitted by the respondent on January 16, 1960, in a hearing before the Grievance Committee of the 11th Judicial Circuit, In the Matter of: Ray Hill, No. 1203; Complaint of: Miami Transit Company.
“(g) In addition to the above described complaints, the respondent was questioned by the Grievance Committee for the 11th Judicial Circuit on January 16, 1960, concerning the issuance of two worthless checks, each in amount of $35.00, by the respondent to Winn-Dixie Stores during the month of December, 1959. The respondent admitted cashing both of said checks and obtaining cash therefore, [sic] and further admitted that he had no funds in the bank on which these checks were drawn, but stated that he issued the checks only on the expectation that his wife would make a deposit in said bank.
“4. By reason of the foregoing, the said Ray Hill has :
“(a) Violated Canon 11 of the Canons of Professional Ethics, and Rules 1, 27 and 30 of Additional Rules Governing the Conduct of Attorneys in Florida, in his representation of and dealings with the above described Harvey L. Kendall and Bruce Z. Riddle.
“(b) Violated Canon 11 of the Canons of Professional Ethics, and Additional Rules 27 and 30 in his dealings with Dr. Albert Reinherz.
“(c) Violated Rule 30 of Additional Rules Governing the Conduct of Attorneys in Florida by the issuance of worthless checks to Mrs. Revalon B. Henderson and to the Miami Transit Company.
“(d) Violated Article XI of the Integration Rule of The Florida Bar by the doing of an act contrary to honesty, justice and good morals by virtue of the issuance of worthless checks to George W. Scholz, Jr., and to Winn-Dixie Stores, Inc.”

October 11, 1960, Ray Hill, through his counsel, filed the following answer to the said complaint:

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Bluebook (online)
132 So. 2d 170, 1961 Fla. LEXIS 2276, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-florida-bar-v-hill-fla-1961.