The Florida Bar v. Committe

916 So. 2d 741, 2005 WL 2509186
CourtSupreme Court of Florida
DecidedOctober 12, 2005
DocketSC03-1203
StatusPublished
Cited by25 cases

This text of 916 So. 2d 741 (The Florida Bar v. Committe) 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
The Florida Bar v. Committe, 916 So. 2d 741, 2005 WL 2509186 (Fla. 2005).

Opinion

916 So.2d 741 (2005)

THE FLORIDA BAR, Complainant/Cross-Respondent,
v.
Bruce Edward COMMITTE, Respondent/Cross-Complainant.

No. SC03-1203.

Supreme Court of Florida.

October 12, 2005.
Rehearing Denied December 6, 2005.

*742 John F. Harkness, Jr., Executive Director, John Anthony Boggs, Staff Counsel and Olivia Paiva Klein, Bar Counsel, The Florida Bar, Tallahassee, FL, for Complainant/Cross-Respondent.

Bruce Committee, Pro se, Pensacola, FL, for Respondent/Cross-Complainant.

PER CURIAM.

We have for review a referee's report regarding alleged ethical breaches by Bruce Edward Committe. We have jurisdiction. See art. V, § 15, Fla. Const.

I. FACTS

On July 8, 2003, The Florida Bar filed a one-count complaint against Bruce Edward Committe, alleging that he knowingly failed to comply with legally proper discovery requests, filed two frivolous federal lawsuits, and abused the legal process. The referee's findings follow.

On July 16, 1993, attorney William E. Gardner obtained a money judgment against Committe in Arlington, Virginia, in the amount of $4,527.21 plus interest. The *743 judgment was domesticated and recorded in Pensacola, Florida, where it was referred to a local collection agency, Collection Services, Inc. (CSI). CSI, in turn, referred the case to attorney Stephen M. Guttmann, who appeared in the debt collection suit against Committe on June 11, 1998. Guttmann issued a notice of taking deposition with a subpoena duces tecum to Committe to appear on June 24, 1998. Within days, Committe moved for a protective order, claiming that the deposition was "burdensome" because he had prior plans to be out of state. Committe's motion included alternative dates when he was available. Relying on these alternative dates, Guttmann filed an amended notice of taking deposition and subpoena, rescheduling the deposition for June 18, 1998.

The day before the deposition was to be taken, Committe filed a second motion for a protective order based on the Fair Debt Collection Practices Act (FDCPA). In his motion, he claimed that Guttmann was a "debt collector" under the statute, and the FDCPA prohibited Guttmann from taking his deposition since he had been notified in the motion to "cease communication" with Committe. Committe, believing that his motion acted as a stay, did not appear at the deposition pursuant to the subpoena duces tecum. Guttmann set Committe's motion for a hearing before Judge G.J. Roark, III, who denied it. Specifically, Judge Roark found that, although Guttmann was a "debt collector" under the statute, the FDCPA did not prohibit him from engaging in the litigation activity of a deposition in aid of execution on a money judgment. On August 22, 1998, Committe filed a motion for rehearing, citing to Heintz v. Jenkins, 514 U.S. 291, 115 S.Ct. 1489, 131 L.Ed.2d 395 (1995), as grounds for reversing Judge Roark's prior ruling. Guttmann set the motion for rehearing before Judge Roark, who denied the motion.

Guttmann filed a third notice of taking deposition and subpoena duces tecum, setting Committe's deposition for August 2, 1999. Committe failed to appear, but instead, on the day of the deposition, he filed a third motion for protective order, alleging that he needed to appeal Judge Roark's decision to deny his motion for rehearing. Guttmann then filed a motion for contempt for failure to appear pursuant to the notice of taking deposition and subpoena. On October 22, 1999, Judge Roark held Committe in contempt of court for failure to comply and sentenced Committe to sixty days in jail for contempt. Committe, however, was given thirty-five days to purge the contempt by complying with the terms of the order, including appearing for a deposition on November 22, 1999.

On October 15, 1999, while the motion for contempt in the county court action was pending, Committe filed a federal court action against Guttmann and Gardner, claiming over $3 million in damages based on alleged violations of the FDCPA and the Florida Consumer Collection Practices Act (FCCPA). On October 20, 2000, while the first federal case was still pending, Committe filed a second complaint against Guttmann, with similar allegations but adding another allegation regarding substitute service of process. Committe filed a Chapter 7 bankruptcy petition, in which he stated that his federal lawsuit against Guttmann had a market value of $1000, despite the fact that his federal suit claimed over $3 million in damages. On November 16, 1999, Committe proposed to settle his federal lawsuit against Guttmann for a total of $4500. On June 15, 2001, Judge Roger Vinson granted summary judgment to Guttmann in the first federal lawsuit, finding that Committe's action *744 amounted to "an abuse of legal process." He noted that in light of Committe's conduct in the state court proceedings and the fact that his two federal actions raised the same frivolous claims, Committe's intent was to harass Guttmann. Further, Judge Vinson held that Committe's case was "brought in bad faith" and sua sponte ordered Committe to show cause why rule 11 sanctions[1] should not be imposed. In a separate order, dated December 18, 2001, Judge Vinson found that rule 11 sanctions were warranted and ordered Committe to pay Guttmann his "reasonable fees and costs as a sanction for his bad faith in filing this frivolous action."[2] Committe appealed Judge Vinson's order, but the Eleventh Circuit Court of Appeals affirmed the lower court's decision granting summary judgment and imposing rule 11 sanctions.

During the proceedings before the referee, Committe testified that he had substantial experience in filing claims under the FDCPA and FCCPA and that he had almost five years of prior legal experience in this particular field before he filed the two federal lawsuits against Guttmann. After listening to all of the testimony and reviewing the evidence, the referee found that Committe's two federal lawsuits were frivolous and that he lacked a statutory basis or prevailing case law to support his claims. The referee also found that Committe "knowingly and intentionally failed to comply with a legally proper discovery request by Mr. Guttmann by failing to appear for his deposition" and had no reasonable grounds for failing to appear. The referee explicitly found that Committe abused the legal process by filing two federal actions in order to harass Guttmann for his attempts to collect a money judgment. The referee concluded that Committe violated Rules Regulating the Florida Bar 4-3.1 (meritorious claims and contentions), 4-3.4(c) (knowingly disobey an obligation under the rules of a tribunal), 4-3.4(d) (failure to comply with a legally proper discovery request), 4-8.4(a) (violation of bar rules), and 4-8.4(d) (conduct prejudicial to the administration of justice).

In assessing his recommended discipline, the referee found that three aggravating circumstances applied: Committe engaged in a pattern of misconduct; he committed multiple offenses; and he had substantial experience in the law. He also noted in mitigation that Committe had no prior disciplinary record, made a full disclosure, and was cooperative in the disciplinary proceedings. After balancing these factors, the referee recommended that Committe receive a private reprimand. Committe filed a petition for review in this Court, arguing among other things that there was no competent and substantial evidence that he violated any Bar rule.

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Bluebook (online)
916 So. 2d 741, 2005 WL 2509186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/the-florida-bar-v-committe-fla-2005.