The Florida Bar v. Cosnow, SC96262.
Decision Date | 11 October 2001 |
Docket Number | No. SC96262.,SC96262. |
Citation | 797 So.2d 1255 |
Parties | THE FLORIDA BAR, Complainant, v. Jeffrey Evan COSNOW, Respondent. |
Court | Florida Supreme Court |
John F. Harkness, Jr., Executive Director, and John Anthony Boggs, Division Director, Tallahassee, FL, and Brett Alan Geer, Assistant Staff Counsel, Tampa, FL, for Complainant.
Jeffrey E. Cosnow, pro se, Palm Harbor, FL, for Respondent.
We have for review a referee's report regarding alleged ethical breaches by Jeffrey Evan Cosnow. We have jurisdiction. See art. V, § 15, Fla. Const. Although we affirm the referee's findings of fact and conclusions of guilt, we disapprove of the referee's recommended discipline. Due to Cosnow's prior suspension and multiple misconduct we suspend Cosnow from the practice of law for sixty days and thereafter place him on probation for one year.
The Bar filed a complaint against Cosnow alleging that in his representation of Sharon Robinson he violated Rules Regulating the Florida Bar 4-1.1 (a lawyer shall provide competent representation to a client), and 4-1.7(a) ( ). The Bar then sent a request for admissions. Cosnow's answer to the request admitted all material facts. Thereafter, Cosnow filed his motion for summary judgment and attendant affidavit arguing that the facts did not amount to the rule violations alleged by the Bar. The Bar filed a cross-motion for summary judgment, arguing that the facts demonstrated that Cosnow was guilty of violating the aforementioned rules. The referee conducted a summary judgment hearing on November 8, 1999, found no genuine issues of material fact, and granted the Bar's cross-motion for summary judgment. The referee's report reflects her findings of fact, conclusions of guilt, and recommendation as to discipline:
III. Findings of Fact:
Florida Bar v. Cosnow, No. SC96262, report of referee at 1-3 (report filed Jan. 28, 2000) (report).
We agree with the referee's conclusion that Cosnow is guilty of violating rules 4-1.1 and 4-1.7(a).1 In Florida Bar v. Daniel, 626 So.2d 178, 182 (Fla.1993), we held that a referee has the authority in a bar disciplinary proceeding to enter a summary judgment order:
Under Rule Regulating The Florida Bar 3-7.6(e)(1), once a formal complaint has been filed and forwarded to a referee for hearing, the Florida Rules of Civil Procedure apply except where otherwise provided in the rule. Florida Rule of Civil Procedure 1.510(c) provides for summary judgment where ... it is shown there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law.
See also Florida Bar v. Miravalle, 761 So.2d 1049, 1051 (Fla.2000) (). Appellate courts review summary judgment orders de novo with all facts and inferences to be resolved in favor of the party opposing the summary judgment. See Volusia County v. Aberdeen at Ormond Beach, L.P., 760 So.2d 126, 130-31 (Fla.2000); Turner v. PCR, Inc., 754 So.2d 683, 684 (Fla.2000). Cosnow points to no genuine issues of material fact in respect to the basis of the referee's conclusion that he violated rules 4-1.1 and 4-1.7(a). Thus, we find no genuine issue of material fact exists in the instant case.2 Rather, the parties disagree as to whether Cosnow's admitted actions in representing the child constitute unethical conduct. We find this to be a question of law. We affirm the referee's conclusions from the admitted facts that Cosnow did not provide competent representation of his client, Ms. Robinson, or of her ward, the child. See Florida...
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