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Doc.
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Date Docketed
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Description
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Filed by
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Notes
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07/21/2016
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COMPLAINT
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Adria E. Quintela 897000 BY: Adria E. Quintela 897000
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07/21/2016
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No Fee Required
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07/21/2016
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NOTICE-RELATED CASE(S)
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Adria E. Quintela 897000 BY: Adria E. Quintela 897000
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RELATED TO: SC16-1330, THE FLORIDA BAR V. BERNARDO ROMAN, III
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07/21/2016
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POSSIBLE VENUE
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Adria E. Quintela 897000 BY: Adria E. Quintela 897000
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07/21/2016
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MOTION-CONSOLIDATION
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Adria E. Quintela 897000 BY: Adria E. Quintela 897000
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FILED AS "THE FLORIDA BAR'S MOTION TO CONSOLIDATE"
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07/26/2016
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ACKNOWLEDGMENT LETTER-NEW CASE
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07/26/2016
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ORDER-REFEREE APPOINTMENT (DISCIPLINARY)
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HON. BERTILA SOTO, C.J., 11TH JUDICIAL CIRCUIT
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08/15/2016
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REFEREE APPOINTED
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DATED 08/05/2016, HON. DAVA J. TUNIS, 11TH JUDICIAL CIRCUIT
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09/06/2016
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ANSWER
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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FILED AS "ANSWER AND AFFIRMATIVE DEFENSES AND MOTION FOR MORE DEFINITE STATEMENT" (REFEREE INCLUDED IN COS)
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01/31/2017
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MOTION-EXT OF TIME (REFEREE'S REPORT)
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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02/07/2017
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ORDER-EXT OF TIME GR (REFEREE'S REPORT)
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The Florida Bar's request for extension of time is granted and the referee is allowed to and including August 1, 2017, in which to file the required referee's report. ALL OTHER TIMES ARE EXTENDED ACCORDINGLY.
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07/17/2017
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MOTION-EXT OF TIME (REFEREE'S REPORT)
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Dava J. Tunis 559271 BY: Dava J. Tunis 559271
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(E-mailed)
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08/14/2017
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ORDER-EXT OF TIME GR (REFEREE'S REPORT)
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The referee's request for extension of time is granted and she is allowed to and including December 15, 2017, in which to file the required referee's report. ALL OTHER TIMES ARE EXTENDED ACCORDINGLY.
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12/05/2017
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MOTION-EXT OF TIME (REFEREE'S REPORT)
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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12/12/2017
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ORDER-EXT OF TIME GR (REFEREE'S REPORT)
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The Florida Bar's request for extension of time is granted and the referee is allowed to and including April 2, 2018, in which to file the required referee's report. ALL OTHER TIMES ARE EXTENDED ACCORDINGLY.
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04/05/2018
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REFEREES REPORT
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Dava J. Tunis 559271 BY: Dava J. Tunis 559271
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04/05/2018
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RECORD/TRANSCRIPT (FLA BAR)
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Dava J. Tunis 559271 BY: Dava J. Tunis 559271
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W/INDEX OF RECORD, CERTIFICATION OF RECORD AND INDEX; TRANSCRIPTS & MISC. PLEADINGS (3 BOXES)
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04/05/2018
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AFFIDAVIT/STATEMENT OF COSTS
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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05/14/2018
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SUPP RECORD/TRANSCRIPT (FLA BAR)
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Dava J. Tunis 559271 BY: Dava J. Tunis 559271
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W/SUPPLEMENTAL INDEX OF RECORD, CERTIFICATION OF RECORD, MISC. PLEADINGS, AND LOWER COURT ORDER
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05/18/2018
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LETTER-FLA BAR (WILL NOT PETITION FOR REVIEW)
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Adria E. Quintela 897000 BY: Adria E. Quintela 897000
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06/04/2018
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NOTICE-INTENT TO SEEK REVIEW OF REFEREE'S REPORT
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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COS DOES NOT IDENTIFY THE NAMES AND ADDRESSES OF THOSE SERVED
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06/08/2018
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ORDER-CERTIFICATE OF SERVICE COMPLIANCE
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All pleadings filed in this Court must contain a Certificate of Service stating the names and addresses of those served and, if served on an attorney, the name of the party that attorney represents. See Fla. R. App. P. 9.420. Your notice of intent to seek review of report of referee will not be submitted to the Court until you have served Jennifer R. Falcone, Bar Counsel, at The Florida Bar, 444 Brickell Avenue, Rivergate Plaza, Suite M-100, Miami, Florida, or via email at her record email address jfalcone@flabar.org, and filed with this Court a proper Certificate of Service. Failure to provide this Court with a Certificate of Service within five days from the date of this order could result in the imposition of sanctions, including dismissal of the notice. See Fla. R. App. P. 9.410.
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06/08/2018
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NOTICE-INTENT TO SEEK REVIEW OF REFEREE'S REPORT
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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W/PROPER CERTIFICATE OF SERVICE
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07/02/2018
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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FILED AS "UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE INITIAL BRIEF"
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07/03/2018
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including August 31, 2018, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
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08/22/2018
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MOTION-EXT OF TIME (INITIAL BRIEF-MERITS)
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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08/27/2018
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ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including September 28, 2018, in which to serve the initial brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
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09/07/2018
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NOTICE-UNAVAILABILITY
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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Thursday, September 13, 2018 through Tuesday, October 2, 2018
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09/26/2018
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MOTION-BRIEF PAGE ENLARGEMENT
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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09/28/2018
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ORDER-BRIEF PAGE ENLARGEMENT GR
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Respondent's Unopposed Motion for Additional Pages for Initial Brief is hereby granted.
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09/28/2018
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INITIAL BRIEF-MERITS
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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09/28/2018
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REQUEST-ORAL ARGUMENT
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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10/15/2018
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MOTION-EXT OF TIME (ANSWER BRIEF-MERITS)
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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10/15/2018
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ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)
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The Florida Bar's motion for extension of time is granted, and they are allowed to and including November 26, 2018, in which to serve the answer brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied. All other times will be extended accordingly.
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11/09/2018
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MOTION-BRIEF PAGE ENLARGEMENT
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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11/19/2018
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ORDER-BRIEF PAGE ENLARGEMENT GR
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The Florida Bar's Motion for Leave to File Answer Brief in Excess of Fifty (50) Pages is hereby granted.
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11/26/2018
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ANSWER BRIEF-MERITS
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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12/13/2018
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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12/13/2018
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Respondent's motion for extension of time is granted and respondent is allowed to and including January 16, 2019, in which to serve the reply brief on the merits. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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01/10/2019
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MOTION-EXT OF TIME (REPLY BRIEF-MERITS)
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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FILED AS "UNOPPOSED MOTION FOR AN EXTENSION OF TIME TO FILE REPLY
BRIEF AND ENLARGEMENT OF PAGE LIMITATIONS AS TO REPLY BRIEF"
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01/11/2019
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ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)
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Respondent's "Unopposed Motion for an Extension of Time to File Reply Brief and Enlargement of Page Limitations as to Reply Brief" is hereby granted. Respondent is allowed to and including January 30, 2019, in which to serve the reply brief on the merits not to exceed thirty-five pages. Multiple extensions of time for the same filing are discouraged. Absent extenuating circumstances, subsequent requests may be denied.
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01/30/2019
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REPLY BRIEF-MERITS
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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03/20/2019
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ORDER-OA SCHED
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The above case is hereby scheduled for oral argument at 9:00 a.m., Wednesday, June 5, 2019. A maximum of fifteen minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. Respondent's appearance at oral argument is required.
NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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05/30/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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The Florida Bar v. MacNamara, 132 So.3d 165 (Fla. 2013)
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06/05/2019
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ORAL ARGUMENT HELD
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07/17/2019
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DISP-DISBARMENT (CLOSE OUT)
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The Court, having considered the Report of Referee, the briefs filed in this case, and having had the benefit of oral argument, the referee's findings of fact are hereby approved. The referee's recommendations as to guilt are approved, except for two violations of rule 4-8.1 and two violations of rule 4-8.4(c), which are hereby disapproved as being solely the result of respondent's conduct during the disciplinary process. See Fla. Bar v. Fredericks, 731 So. 2d 1249, 1253 (Fla. 1999) ("[S]pecific findings of uncharged conduct and violations of rules not charged in the complaint are permitted where the conduct is either specifically referred to in the complaint or is within the scope of the specific allegations in the complaint."). The referee's recommended discipline, disbarment for a ten-year period, is approved, and respondent is hereby disbarred, effective thirty days from the date of this order so that respondent can close out his practice and protect the interests of his existing clients. If respondent notifies this Court in writing that he is no longer practicing and does not need the thirty days to protect existing clients, this Court will enter an order making the disbarment effective immediately. Respondent shall fully comply with Rule Regulating the Florida Bar 3-5.1(h). Further, respondent shall accept no new business from the date this order is filed. Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Jose Maria Herrera in the amount of $16,556.60, for which sum let execution issue. Not final until time expires to file motion for rehearing, and if filed, determined. The filing of a motion for rehearing shall not alter the effective date of this disbarment.
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07/25/2019
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MOTION-REHEARING
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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07/30/2019
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RESPONSE
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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TO MOTION-REHEARING
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08/07/2019
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NOTICE-SUPPLEMENTAL AUTHORITY
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RS Jose Maria Herrera 612618 BY: RS Herman Joseph Russomanno 21249
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10/21/2019
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NOTICE-COUNS SUBSTITUTION
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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11/05/2019
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DISP-REHEARING DY
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Respondent's Motion for Rehearing is hereby denied.
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10/15/2020
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PETITION-MISC OTHER PROCEEDINGS
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RS Jose Maria Herrera 612618 BY: RS Jose Maria Herrera 612618
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Filed as "Petition to Vacate the Judgment and Grant New Hearing in This Case Based Upon Fraud on the Court and Violation of Due Process"
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10/27/2020
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RESPONSE
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CO The Florida Bar FB BY: CO Jennifer R. Falcone 624284
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FILED AS "THE FLORIDA BAR'S RESPONSE IN OPPOSITION TO RESPONDENT'S PETITION TO VACATE THE JUDGMENT AND GRANT NEW HEARING IN THIS CASE BASED UPON FRAUD ON THE COURT AND VIOLATION OF DUE PROCESS"
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11/10/2020
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REPLY TO RESPONSE
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RS Jose Maria Herrera 612618 BY: RS Jose Maria Herrera 612618
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TO PETITION-MISC OTHER PROCEEDINGS
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12/11/2020
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ORDER-OTHER SUBSTANTIVE DY
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Respondent's "Petition to Vacate the Judgment and Grant New Hearing in This Case Based Upon Fraud on the Court and Violation of Due Process" is denied. No rehearing will be entertained by this Court.
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12/16/2021
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RECORD CENTER
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C00000417328 (1 of 3)
C00000417329 (2 of 3)
C00000417330 (3 of 3)
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