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Case Docket

Case Number:  SC03-1738  - Closed

THE FLORIDA BAR  vs.  ANDREW JAMES O'CONNOR

Lower Tribunal Case(s): 2003-00,725(2B)


 Date Docketed
Description
Filed By
Notes
09/30/2003 COMPLAINT CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 (O&1)
09/30/2003 REQUEST-ADMISSIONS CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 (O&1); 3/9/04 FILED REQUEST FOR ADMISSIONS (3/9/04 SENT TO REFEREE); 3/11/04 FILED AMENDED REQUEST FOR ADMISSIONS (3/11/04 SENT TO REFEREE)
10/02/2003 No Fee Required    
10/09/2003 ORDER-REFEREE APPOINTMENT (DISCIPLINARY)   HON. CHARLES A. FRANCIS, CHIEF JUDGE, 2ND JUDICIAL CIRCUIT
10/17/2003 REFEREE APPOINTED   HON. KATHLEEN DEKKER, 2ND JUDICIAL CIRCUIT
11/10/2003 ANSWER PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 11/12/03 SENT TO REFEREE
03/08/2004 MOTION-OTHER SUBSTANTIVE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 RESPONDENT'S MOTION TO COMPEL PRODUCTION OF DOCUMENTS (3/9/04 SENT TO REFEREE)
04/23/2004 MOTION-EXT OF TIME (REFEREE'S REPORT) CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218  
04/28/2004 ORDER-EXT OF TIME GR (REFEREE'S REPORT)    
08/23/2004 NOTICE-APPEARANCE PE Andrew James O'Connor 869430 BY: WE Alan F. Wagner 0374105 O&2 (8/24/04 SENT TO REFEREE)
10/18/2004 LETTER-REFEREE REPORT OVERDUE    
10/19/2004 MOTION-EXT OF TIME (REFEREE'S REPORT) CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218  
10/27/2004 ORDER-EXT OF TIME GR (REFEREE'S REPORT)    
01/11/2005 MOTION-EXT OF TIME (REFEREE'S REPORT) CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218  
01/12/2005 ORDER-EXT OF TIME GR (REFEREE'S REPORT)    
03/31/2005 MOTION-COUNS WITHDRAWAL PE Andrew James O'Connor 869430 BY: WE Alan F. Wagner 0374105 MOTION TO ALLOW WITHDRAWAL OF RESPONDENT'S COUNSEL (4/1/05 SENT TO REFEREE)
04/01/2005 MISC. DOCKET ENTRY   RESPONDENT'S BRIEF REGARDING SANCTIONS (4/5/05 SENT TO REFEREE)
04/01/2005 MOTION-OTHER SUBSTANTIVE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 MOTION TO DISQUALIFY REFEREE (4/5/05 SENT TO REFEREE)
04/01/2005 MOTION-OTHER SUBSTANTIVE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 MOTION TO DISQUALIFY PROSECUTOR (4/5/05 SENT TO REFEREE)
04/01/2005 MOTION-DISMISS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 MOTION TO DISMISS AND MOTION FOR SUMMARY JUDGMENT, DIRECTED VERDICT AND JUDGMENT NOTWITHSTANDING RULING (4/5/05 SENT TO REFEREE)
04/29/2005 REFEREES REPORT   WITH 2 VOLUMES OF TRANSCRIPTS, MISC. PLEADINGS & EMAIL
04/29/2005 AFFIDAVIT/STATEMENT OF COSTS    
05/09/2005 PETITION-REVIEW PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 5/13/05 FILED AMENDED PETITION FOR REVIEW
05/13/2005 MOTION-STRIKE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 RESPONDENT'S MOTION TO STRIKE; 5/23/05 FILED AMENDED MOTION TO STRIKE SUPPLEMENTAL REPORT OF REFEREE AND TO STRIKE PORTIONS OF COMPLAINT
05/23/2005 INITIAL BRIEF-MERITS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 (NO COVER PAGE, TABLE OF CONTENTS, STATEMENT OF CASE & FACTS, SUMMARY OF ARGUMENT, CERT/COMPLIANCE, NO COPIES OR ELECTRONIC VERSION)
05/24/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)    
05/25/2005 INITIAL AMD BRIEF-MERITS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 "REVISED BRIEF IN SUPPORT OF AMENDED PETITION FOR REVIEW" (NO COVER PAGE, TABLE OF CONTENTS, STATEMENT OF CASE & FACTS, SOA, CERT/COMPLIANCE, COPIES & EMAIL)
05/26/2005 NOTICE PE Andrew James O'Connor 869430 BY: WE Alan F. Wagner 0374105 NOTICE THAT RESPONDENT IS PROCEEDING WITH APPEAL PRO-SE
05/26/2005 INITIAL AMD BRIEF-MERITS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 "SECOND REVISED BRIEF IN SUPPORT OF AMENDED PETITION FOR REVIEW" (NO COVER PAGE, TABLE OF CONTENTS, TABLE OF CITATIONS, STATEMENT OF CASE & FACTS, SOA, CERT/COMPLIANCE, COPIES, EMAIL)
05/27/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)    
05/31/2005 INITIAL AMD BRIEF-MERITS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 O&7, WITH APPENDIX
06/07/2005 LETTER-FLA BAR (WILL NOT PETITION FOR REVIEW) CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218  
06/14/2005 ORDER-STRIKE DY   Respondent's Motion to Strike and Amended Motion to Strike Supplemental Report of Referee and to Strike Portions of Complaint are hereby denied.
06/16/2005 MOTION-DISMISS CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S MOTION TO DISMISS PETITION FOR REVIEW
06/16/2005 MOTION-STRIKE CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S MOTION TO STRIKE RESPONDENT'S AMENDED INITIAL BRIEF; 6/17/05 FILED AMENDED MOTION TO STRIKE RESPONDENT'S AMENDED INITIAL BRIEF (DENIED-SEE ORDER DATED 10/31/05)
06/17/2005 MOTION-TOLL TIME CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S MOTION TO TOLL TIME FOR FILING ANSWER BRIEF
06/24/2005 MOTION-DISMISS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 RESPONDENT'S MOTION TO DISMISS (NOT SIGNED)
06/24/2005 MOTION-DISMISS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 RESPONDENT'S MOTION TO DISMISS COMPLAINANT'S MOTION TO DISMISS PETITION FOR REVIEW AND MOTION TO MOTION TO STRIKE RESPONDENT'S INTITIAL BRIEF (NOT SIGNED); 7/5/05 FILED AMENDED MOTION TO DISMISS AND REQUEST FOR SANCTIONS AGAINST COMPLAINANT; 7/12/05 FILED RESPONDENT'S SECOND AMENDED MOTION TO DISMISS AND REQUEST FOR SANCTIONS
07/07/2005 RESPONSE CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S RESPONSE TO RESPONDENT'S MOTION TO DISMISS
07/11/2005 MISC. DOCKET ENTRY   RESPONDENT'S COUNTERCLAIM AND REQUEST FOR PERMANENT INJUNCTION
07/19/2005 MOTION-DISMISS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 RESPONDENT'S THIRD AMENDED MOTION TO DISMISS FOR FAILURE TO STATE A PROPER CLAIM
07/21/2005 RESPONSE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 FILED AS "RESPONDENT'S MOTION IN RESPONSE COMPLAINANT'S MOTION TO STRIKE RESPONDENT'S INITIAL AMENDED BRIEF AND REQUEST FOR SANCTIONS
07/21/2005 RESPONSE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 FILED AS "RESPONDENT'S MOTION IN RESPONSE COMPLAINANT'S MOTION TO TOLL TIME FOR FILING ANSWER BRIEF AND REQUEST FOR SANCTIONS
07/21/2005 RESPONSE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 FILED AS "RESPONDENT'S MOTION IN RESPONSE COMPLAINANT'S MOTION TO DISMISS PETITION FOR REVIEW AND REQUEST FOR SANCTIONS
07/28/2005 RESPONSE CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S RESPONSE TO RESPONDENT'S MOTION IN RESPONSE TO MOTOIN TO STRIKE RESPONDENT'S INITIAL AMENDED BRIEF AND REQUEST FOR SANCTIONS
07/29/2005 MOTION-STRIKE CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S MOTION TO STRIKE RESPONDENT'S COUNTERCLAIM AND REQUEST FOR PERMANENT INJUNCTION (DENIED-SEE ORDER DATED 10/31/05)
10/12/2005 REQUEST-JUDICIAL NOTICE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430  
10/31/2005 ORDER-DISMISS DY   The Florida Bar's Motion to Dismiss Petition for Review, The Florida Bar's Motion to Strike Respondent's Amended Initial Brief, The Florida Bar's Amended Motion to Strike Respondent's Amended Initial Brief, Respondent's Motion to Dismiss, Respondent's Motion to Dismiss Complainant's Motion to Dismiss Petition for Review and Motion to Strike Respondent's Initial Brief, Respondent's Amended Motion to Dismiss and Request for Sanctions Against Complainant, Respondent's Counterclaim and Request for Permanent Injunction, Respondent's Second Amended Motion to Dismiss and Request for Santions, Respondent's Third Amended Motion to Dismiss for Failure to State a Proper Claim, The Florida Bar's Motion to Strike Respondent's Counterclaim and Request for Permanent Injuction, are hereby denied.
10/31/2005 ORDER-TOLLING GR   The Florida Bar's motion to toll time for filing answer brief is granted and they are allowed to and including November 21, 2005, in which to file the answer brief.
10/31/2005 ORDER-OTHER SUBSTANTIVE GR   Respondent's Request to Take Judicial Notice is hereby granted.
11/21/2005 ANSWER BRIEF-MERITS CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 O&7 W/DISKETTE & E-MAIL
12/07/2005 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 COPY FILED 12/07/05
12/07/2005 NOTICE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 OF RESPONDENT'S MOTION TO EXTEND TIME
12/08/2005 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)    
12/12/2005 REPLY BRIEF-MERITS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 O&7 W/APPENDIX (BRIEF IN EXCESS OF PAGE LIMIT, CONCLUSION LONGER THAN ONE PAGE)
12/13/2005 ORDER-BRIEF STRICKEN (NON-COMPLIANCE)   Respondent's reply brief, which was filed with this Court on December 12, 2005, does not comply with Florida Rule of Appellate Procedure 9.210 and is hereby stricken. Respondent is hereby directed, on or before January 3, 2006, to file an original and seven (7) copies of an amended reply brief which does not exceed fifteen (15) pages in length and contains a conclusion no longer than one (1) page in length.
12/20/2005 REQUEST-JUDICIAL NOTICE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430  
12/23/2005 REPLY AMD BRIEF-MERITS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 O&7 W/APPENDIX & E-MAIL
01/24/2006 ORAL ARGUMENT CALENDAR    
01/25/2006 ORDER-OA SCHED   The above case is hereby scheduled for oral argument at 9:00 a.m., Tuesday, April 4, 2006. A maximum of fifteen (15) minutes to the side is allowed, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
02/06/2006 MOTION-ORAL ARGUMENT RESCHEDULE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 FILED AS: MOTION FOR CONTINUANCE
02/09/2006 RESPONSE CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 IN OPPOSITION OF RESPONDENT'S MOTION FOR CONTINUANCE
02/14/2006 ORDER-ORAL ARGUMENT RESCHEDULE DY   Respondent's Motion for Continuance filed with this Court on February 6, 2006, has been treated as a motion to reschedule oral argument and is hereby denied.
02/17/2006 MOTION-DISMISS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 (O&7) FILED AS: REQUEST FOR COURT TO TAKE JUDICIAL NOTICE AND MOTION TO DISMISS (2/20/06, AMENDED REQUEST FOR COURT TO TAKE JUDICIAL NOTICE AND MOTION TO DISMISS FILED O&7)
02/23/2006 RESPONSE CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S RESPONSE IN OPPOSITION OF RESPONDENT'S AMENDED REQUEST FOR JUDICIAL NOTICE AND MOTION TO DISMISS
03/07/2006 MOTION-DISMISS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 RESPONDENT, ANDREW J. O'CONNOR'S MOTION TO QUASH REFEREE'S REPORT AND SECOND MOTION TO DISMISS DISCIPLINARY PROCEEDINGS FOR COMPLAINANT'S PROSECUTORIAL MISCONDUCT (O&1)
03/08/2006 RESPONSE CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S RESPONSE IN OPPOSITION TO RESPONDENT'S MOTION TO QUASH REFEREE'S REPORT AND SECOND MOTION TO DISMISS
03/14/2006 REQUEST-JUDICIAL NOTICE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 RESPONDENT, ANDREW J. O'CONNOR'S SECOND REQUEST FOR COURT TO TAKE JUDICIAL NOTICE (REQ 7 COPIES): 7 COPIES FILED 03/20/06
03/20/2006 LETTER PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 DATED 03/14/06, RE: TRANSMITTAL OF COPIES OF SECOND REQUEST FOR COURT TO TAKE JUDICIAL NOTICE
03/30/2006 REQUEST-JUDICIAL NOTICE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 THIRD REQUEST (O&7)
03/30/2006 MOTION-DISMISS PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 RESPONDENT'S MOTION TO QUASH REFEREE'S REPORT AND SECOND MOTION TO DISMISS DISCIPLINARY PROCEEDINGS (O&1)
03/30/2006 MOTION-DISMISS CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S RESPONSE IN OPPOSITION AND MOTION TO DISMISS RESPONDENT'S PETITION TO SEAL FILE
03/30/2006 MOTION-STRIKE CO The Florida Bar FB BY: CO Tiffany Renee Collins 152218 THE FLORIDA BAR'S MOTION TO STRIKE SUPPLEMENTAL INFORMATION AND ATTACHMENTS IN RESPONDENT'S AMENDED REPLY BRIEF
04/03/2006 MOTION-OTHER SUBSTANTIVE PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 (O&1) RESPONDENT'S PETITION TO SEAL FILE PURSUANT TO RULE 3-701(D)
04/04/2006 ORAL ARGUMENT HELD    
10/19/2006 ORDER-DISMISS DY   Respondent's Request for Court to Take Judicial Notice and Motion to Dismiss, Amended Request for Court to Take Judicial Notice and Motion to Dismiss, Respondent, Andrew J. O'Conner's Second Request for Court to Take Judicial Notice, Respondent's Third Request for Court to Take Judicial Notice, Respondent's Motion to Quash Referee's Report and Second Motion to Dismiss Disciplinary Proceedings, Respondent, Andrew J. O'Conner's Motion to Quash Referee's Report and Second Motion to Dismiss Disciplinary Proceedings for Complainant's Prosecutorial Misconduct, and Respondent's Petition to Seal File Pursuant to Rule 3-7.1(D), are hereby denied. The Florida Bar's Motion to Strike Supplemental Information and Attachments in Respondent's Amended Reply Brief, is hereby denied.
10/19/2006 DISP-APPROVED IN PART   We approve the referee's findings of fact and guilt, but disapprove the recommendation that O'Connor be disbarred. Instead, in our view this matter requires the imposition of a one-year period of disqualification to petition for reinstatement to membership in good standing. This one-year period shall commence on the date this opinion becomes final. After the expiration of one year, O'Connor may petition for reinstatement pursuant to the terms and conditions of Rule Regulating the Florida Bar 3-7.10 and as set forth more fully below. Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Andrew James O'Connor in the amount of $2,123.35, for which sum let execution issue.
11/07/2006 MOTION-REHEARING PE Andrew James O'Connor 869430 BY: PE Andrew James O'Connor 869430 (RC) FILED AS MOTION TO DENY AWARD OF COSTS AND TREATED AS MOTION FOR REHEARING
11/13/2006 RESPONSE CO The Florida Bar FB BY: CO Arne Carl Vanstrum 865771 TO RESPONDENT'S MOTION TO DENY COSTS
12/13/2006 DISP-REHEARING DY   Respondent's Motion to Deny Award of Costs has been treated as a Motion for Rehearing and said motion is hereby denied. (RC)
02/16/2007 ARCHIVES