The Florida Bar v. Dingle, 39046

• Decision Date: 01 April 1970
• Docket Number: No. 39046,39046
• Parties: THE FLORIDA BAR, Complainant, v. Dennis R. DINGLE, Respondent.
• Court: Florida Supreme Court

Page 479

235 So.2d 479

THE FLORIDA BAR, Complainant, v. Dennis R. DINGLE, Respondent.

No. 39046.

Supreme Court of Florida.

April 1, 1970.

Rehearing Denied June 15, 1970.

Adam G. Adams, II, Jacksonville, for The Florida Bar, complainant.

George A. Pierce, Sr., Jacksonville, for respondent.

PER CURIAM.

This cause is before us on petition of Dennis R. Dingle, Respondent, to review the judgment of the Board of Governors of The Florida Bar that he be disbarred from the practice of law in Florida.

The Judgment of the Board of Governors of The Florida Bar is in pertinent part as follows:

'The Florida Bar's Complaint consisted of three counts. On the basis of the evidence, the referee made the following findings of fact as to each count.

I

'Respondent received $155.00, in trust, from William R. Graham for the purpose of buying title insurance, but commingled the $155.00 with his own funds. Though Mr. Graham repeatedly requested Respondent to furnish the insurance or return the money, Respondent did not do so until several months after a complaint was made to the Bar. Respondent did not maintain a trust account, escrow account or client's account in which to deposit trust funds.

II

'Respondent received a $700.00 draft from an insurance carrier in settlement of a personal injury claim of his client, William C. Gandy. Respondent obtained Mr. Gandy's endorsement on the draft and gave Mr. Gandy his personal check for $420.00, the amount due Mr. Gandy after Respondent's fee had been deducted.

Respondent cashed the $700.00 insurance draft. His personal check for $420.00 was returned to Mr. Gandy unpaid due to insufficient funds. The referee could not determine if restitution had been made as Respondent invoked the Fifth Amendment in regards to count II.

III

'The Bar charged Respondent with procuring William R. Gandy to falsely swear and give false testimony before a grievance committee. Respondent invoked the Fifth Amendment concerning count III. Mr. Gandy refused to testify on the same grounds in his deposition. The referee found no facts to support the Bar's allegation.

'Mr. Dingle was admitted to The Florida Bar in 1952. He has practiced law in Jacksonville, Florida since 1954. As a result of his being suspended from federal practice by U.S. District Judge Bryan Simpson for failure to take an appeal in a criminal case in which he had represented the defendant, this Court publicly reprimanded Respondent for his negligence of duty and unprofessional conduct. (The Florida Bar v. Dingle, 220 So.2d 9 (Fla.1969)).

'The referee recommended Respondent be found guilty as charged in counts I and II and not guilty of count III. In particular, he recommended Respondent be found guilty of violations of Article XI, Rule 11.02 of the Integration Rule (32 F.S.A.) Canon 11 of the Canons of Professional Ethics, and Rules 1, 27 and 30 of the Additional Rules Governing the Conduct of Attorneys (32 F.S.A.) in Florida. It is the recommendation of the referee that Respondent be suspended from the practice of law in Florida for a period of three years, or until he can show rehabilitation.

'The Board of Governors concurs with the referee's findings of fact and recommendations of guilt. However, it disagrees with the referee as to discipline and recommends disbarment. It is, therefore,

'ORDERED and ADJUDGED that Dennis R. Dingle be disbarred from the practice of law in Florida and that he pay the costs in these proceedings in the amount of...