Petition of Kearney
| Decision Date | 13 March 1953 |
| Citation | 63 So.2d 630 |
| Parties | Petition of KEARNEY. |
| Court | Florida Supreme Court |
M. M. Kearney, in pro. per.
E. Snow Martin, Lakeland, W. G. Ramseur and Jack Clark, St. Petersburg on behalf of Committee on Unauthorized Practice of Florida Bar, respondent.
Petitioner informs the Court that he is a citizen and resident of the State of Florida, that he is a member in good standing of the Bar of the United States Supreme Court, the Tax Court of the United States and is authorized to practice before the United States Treasury Department. He desires to practice in Florida as 'Federal Tax Counsel' limited to appearance before the Federal Courts and Departments or Commissions enumerated above. He prays to be advised whether or not such practice is within the jurisdiction of the State Courts or is within the exclusive jurisdiction of the Federal Courts and Commissions before whom he proposes to practice.
His petition was referred to the Florida Bar Committee on Unauthorized Practice with request for findings of fact and law, including recommendations. Such findings were duly made and a copy thereof mailed to petitioner at his given address and at two other addresses but each time they were returned 'unknown' or 'moved'.
The committee found that the practice contemplated by petitioner was not governed exclusively by rules of the United States Courts and Departments but that this Court had jurisdiction of the petitioner and that the rules of procedure and the laws of Florida require that he be a member of the Florida Bar to practice here.
We approve the finding and recommendation of the Committee. Section 2, Article II of the Integration Rule, Florida Bar, 31 F.S.A., provides:
Section 454.23, Florida Statutes 1951, F.S.A., imposes a penalty on any one who practices law or holds himself out as a practicing attorney before qualifying to do so under the laws of Florida. Said statute and the quoted rule define the policy of the state in reference to the...
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Sperry v. State of Florida the Florida Bar
...(Treasury); Wisconsin v. Keller, 16 Wis.2d 377, 114 N.W.2d 796, now pending on certiorari as No. 429, 1962 Term (I.C.C.); Petition of Kearney, 63 So.2d 630 (Fla.1953) (Treasury and Tax Court); cf. Marshall v. New Inventor's Club, Inc., 117 N.E.2d 737 (Ohio Com.Pl.1953) (Patent Office). Stat......
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State ex rel. Florida Bar v. Sperry, 31411
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