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Case Docket

Case Number:  SC03-909  - Closed

THE FLORIDA BAR  vs.  FRANCISCO RAMON RODRIGUEZ

Lower Tribunal Case(s): 2001-00,359(8B)


 Date Docketed
Description
Filed By
Notes
05/16/2003 COMPLAINT CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717 O&1
05/16/2003 REQUEST-ADMISSIONS CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717 O&1
05/16/2003 NOTICE-RELATED CASE(S) CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717 O&1
06/06/2003 No Fee Required    
06/06/2003 ORDER-REFEREE APPOINTMENT (DISCIPLINARY)   HON. JOSEPH P. FARINA, C.J., 11TH JUDICIAL CIRCUIT
06/30/2003 REFEREE APPOINTED   HON. FRED SERAPHIN, COUNTY COURT JUDGE, 11TH JUDICIAL CIRCUIT
07/01/2003 MAIL RETURNED   Robert Anthony Rush - ACK. LETTER - 7/1/03 REMAILED TO CORRECTED ADDRESS
09/16/2003 MOTION-EXT OF TIME (REFEREE'S REPORT) CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717  
09/24/2003 ORDER-EXT OF TIME GR (REFEREE'S REPORT)    
12/18/2003 MOTION-EXT OF TIME (REFEREE'S REPORT) CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717  
12/19/2003 ORDER-EXT OF TIME GR (REFEREE'S REPORT)    
03/30/2004 MOTION-EXT OF TIME (REFEREE'S REPORT) CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717  
03/31/2004 ORDER-EXT OF TIME GR (REFEREE'S REPORT)    
07/12/2004 REFEREES REPORT   WITH DISKETTE & 1 BOX OF MISC. PLEADINGS; 7/27/04 FILED 1 BOX OF MISC. PLEADINGS
07/12/2004 AFFIDAVIT/STATEMENT OF COSTS    
07/16/2004 PETITION-REVIEW RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989  
08/02/2004 MOTION-EXT OF TIME (REFEREE'S REPORT) RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989  
08/06/2004 ORDER-EXT OF TIME GR (INITIAL BRIEF-MERITS)    
08/20/2004 LETTER-FLA BAR (WILL PETITION FOR REVIEW) CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717  
08/20/2004 PETITION-REVIEW CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717 CROSS PETITION FOR REVIEW; 10/19/04 FILED AMENDED CROSS PETITION FOR REVIEW
09/15/2004 INITIAL BRIEF-MERITS RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 O&7, WITH DISKETTE
09/15/2004 REQUEST-ORAL ARGUMENT RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 O&7
09/23/2004 MOTION-EXT OF TIME (ANSWER BRIEF-MERITS) CO The Florida Bar FB BY: CO Donald M. Spangler 184457 ANSWER/CROSS INITIAL BRIEF
09/23/2004 MOTION-MOTION AMENDMENT/SUPPLEMENT CO The Florida Bar FB BY: CO Donald M. Spangler 184457 THE FLORIDA BAR'S MOTION FOR LEAVE TO FILE AMENDED CROSS PETITION FOR REVIEW, WITH ATTACHED AMENDED CROSS PETITION FOR REVIEW
09/23/2004 NOTICE-APPEARANCE CO The Florida Bar FB BY: CO Donald M. Spangler 184457 NOTICE OF APPEARANCE OF ADDITIONAL BAR COUNSEL
09/27/2004 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)    
09/29/2004 RESPONSE RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 RESPONDENT'S RESPONSE AND OBJECTION TO MOTION FOR LEAVE TO AMEND CROSS-PETITION FOR REVIEW (O&1)
09/29/2004 MOTION-OTHER SUBSTANTIVE Paul A. Remillard 794619 BY: Paul A. Remillard 794619 THIRD PARTY'S MOTION TO EQUITABLY ASSESS FEES AND COSTS AND THIRD PARTY'S MOTION TO SEAL A PORTION OF THE TRIAL OF THE FINAL HEARING TRIAL TESTIMONY
10/08/2004 RESPONSE CO The Florida Bar FB BY: CO Donald M. Spangler 184457 THE FLORIDA BAR'S RESPONSE TO THIRD PARTY'S MOTION TO EQUITABLY ASSESS FEES AND COSTS AND THIRD PARTY'S MOTION TO SEAL A PORTION OF THE TRIAL OF THE FINAL HEARING TRIAL (SIC) TESTIMONY
10/12/2004 ORDER-OTHER SUBSTANTIVE GR   The Florida Bar's Motion to File Amended Cross Petition for Review is hereby granted and The Florida Bar has to and including October 22, 2004, to serve an amended cross petition for review that is signed and dated.
10/20/2004 RESPONSE RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 RESPONDENT'S RESPONSE TO THIRD PARTY'S MOTION TO EQUITABLY ASSESS FEES AND COSTS AND THIRD PARTY'S MOTION TO SEAL A PORTION OF THE TRIAL OF THE FINAL HEARING TRIAL TESTIMONY (O&1)
10/26/2004 ANSWER/CROSS INITIAL BRIEF-MERITS CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717 O&7 (E-MAIL)
11/05/2004 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 FILED AS "UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE REPLY BRIEF AND ANSWER BRIEF TO CROSS-PETITION" (O&1)
11/16/2004 ORDER-OTHER SUBSTANTIVE   A ruling on Attorney Paul Remillard's Motion to Equitably Assess Fees and Costs and Motion to Seal a Portion of the Trial of the Final Hearing Trial Testimony is hereby deferred until such time as the Court considers the merits of this case.
11/16/2004 ORDER-EXT OF TIME GR (ANSWER BRIEF-MERITS)    
12/07/2004 REPLY/CROSS ANSWER BRIEF-MERITS RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 O&7, WITH DISKETTE
12/07/2004 REQUEST-ORAL ARGUMENT RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 AMENDED REQUEST FOR ORAL ARGUMENT (O&7)
12/15/2004 MOTION-EXT OF TIME (REPLY BRIEF-MERITS) CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717  
12/21/2004 ORDER-EXT OF TIME GR (REPLY BRIEF-MERITS)    
01/14/2005 CROSS REPLY BRIEF-MERITS CO The Florida Bar FB BY: CO Donald M. Spangler 184457 O&7, WITH EMAIL
01/19/2005 ORDER-NO REQ SCHED (MISC)   At the direction of the Chief Justice, the above case has been submitted to the Court without oral argument.
11/04/2005 MOTION-OTHER SUBSTANTIVE RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 THAT APPEAL BE RESOLVED ON OWN MERIT (O&7)
11/15/2005 RESPONSE CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717 TO RESPONDENT'S MOTION THAT APPEAL BE RESOLVED ON OWN MERIT (O&7)
12/22/2005 ORDER-OTHER SUBSTANTIVE DY   Respondent's "Motion That Appeal Be Resolved on Own Merit" is hereby denied.
03/14/2006 LETTER-CANON NOTIFICATION RE: JUSTICE   RE: JUSTICE CANTERO
04/21/2006 ORDER-OA SCHED   The above case was previously submitted to the Court without oral argument on January 19, 2005. The Court has now determined that oral argument should be granted and the above case is scheduled for oral argument at 9:00 a.m., Monday, June 5, 2006. A maximum of ten (10) 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.
04/28/2006 MOTION-ORAL ARGUMENT RESCHEDULE CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717  
05/04/2006 NOTICE Paul A. Remillard 794619 BY: Paul A. Remillard 794619 NOTICE OF NON-OBJECTION TO MOTION TO RESCHEDULE ORAL ARGUMENT
05/12/2006 ORDER-ORAL ARGUMENT CALENDAR REMOVAL   The Florida Bar's Motion to reschedule Oral Argument is hereby granted and the above case, which was scheduled for oral argument on June 5, 2006, has been removed from the oral argument calendar and will be rescheduled for September.
05/17/2006 ORDER-BRIEF SUPPLEMENTATION   The parties are directed to serve supplemental briefs, specifically addressing the suitability of the disciplinary measures recommended by the referee. The referee recommended that Mr. Rodriguez (i) be placed on probation for a four year period of time and required to perform 1000 hours of pro bono work; and (ii) be given a public reprimand . . . . The briefing should address: the appropriateness and length of a suspension; the appropriateness of disgorgement of the fee into the Clients' Security Fund pursuant to rule 3-5.1(h); and the amount of a potential disgorgement. Respondent's supplemental initial brief shall be filed on or before June 1, 2006. Complainant's supplemental answer brief shall be filed on or before June 16, 2006. Respondent's supplemental reply brief shall be filed ten (10) days after service of complainant's supplemental answer brief. NO MOTIONS FOR EXTENSIONS OF TIME SHALL BE ENTERTAINED BY THIS COURT. The briefs shall not exceed twenty-five (25) pages. Motions to file enlarged briefs will not be entertained by the Court.
05/22/2006 ORDER-ORAL ARGUMENT RESCHEDULE   At the direction of the Court, the above case which was scheduled for oral argument on Monday, June 5, 2006, has been rescheduled for oral argument at 9:00 a.m., Monday, September 18, 2006. A maximum of ten (10) minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary.
05/22/2006 ORAL ARGUMENT CALENDAR    
06/01/2006 SUPP INITIAL BRIEF-MERITS RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 O&7 W/E-MAIL
06/15/2006 SUPP ANSWER BRIEF-MERITS CO The Florida Bar FB BY: CO Donald M. Spangler 184457 O W/E-MAIL (REQ COPIES): 7 COPIES FILED 06/21/06
06/23/2006 SUPP REPLY BRIEF-MERITS RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 O&7 W/E-MAIL
08/22/2006 NOTICE-FILING Paul A. Remillard 794619 BY: Paul A. Remillard 794619 FILED AS "THIRD PARTY'S NOTICE OF FILING EXHIBITS IN SUPPORT OF THIRD PARTY'S MOTION FOR EQUITABLE RELIEF" W/ATTACHMENTS
09/18/2006 ORAL ARGUMENT HELD    
05/03/2007 DISP-SUSPENDED (CLOSE OUT)   Accordingly, Francisco Ramon Rodriguez is suspended from the practice of law in Florida for two years. The suspension will be effective thirty days from the filing of this opinion so that Rodriguez can close out his practice and protect the interests of existing clients. If Rodriguez 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 suspension effective immediately. Rodriguez shall accept no new business from the date this opinion is filed until he is reinstated. Further, as the referee did not find a specific amount for disgorgement that includes taxes and interest, this Court hereby remands that issue to the referee as the finder of fact to determine the total amount for disgorgement.
05/15/2007 ORDER-REFEREE FOR ADD'L PROCEEDINGS   In light of this Court's opinion dated May 3, 2007, which in part, remands the issue of a specific amount for disgorgement that includes taxes and interest, to the referee as the finder of fact to determine the total amount for disgorgement, IT IS ORDERED that the referee shall have to and including July 16, 2007, to file a recommendation with this Court, unless there are substantial reasons requiring delay.
05/18/2007 MOTION-REHEARING RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 RC (O&7)
05/23/2007 MOTION-STAY (FSC PROCEEDINGS) RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 FILED AS: MOTION TO STAY IMPOSITION OF SUSPENSION AND MOTION TO ENLARGE DEADLINE FOR REFEREE TO CONDUCT HEARING ON AMOUNT OF DISGORGEMENT
05/24/2007 RESPONSE CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717 TO RESPONDENT'S MOTION FOR REHEARING (O&7)
05/29/2007 RESPONSE CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717 TO RESPONDENT'S MOTION TO STAY IMPOSITION OF SUSPENSION AND MOTION TO ENLARGE DEADLINE FOR REFEREE TO CONDUCT HEARING ON AMOUNT OF DISGORGEMENT (O&7)
06/04/2007 REPLY TO RESPONSE RS Francisco Ramon Rodriguez BY: RS Michael Nachwalter 99989 FILED AS "REPLY IN SUPPORT OF RESPONDENT'S MOTION FOR REHEARING" (O&8) (STRICKEN, SEE ORDER DATED 06/05/07)
06/05/2007 ORDER-OTHER SUBSTANTIVE DY   Upon consideration of Attorney Paul A. Remillard's "Motion to Equitably Assess Fees and Costs and Motion to Seal a Portion of the Trial of the Final Hearing Trial Testimony," it is ordered that the motion to assess Remillard's fees and costs is denied. Further, it is ordered that Remillard's motion to seal is denied.
06/05/2007 DISP-REHEARING DY   Respondent's Motion for Rehearing is hereby denied. (RC)
06/05/2007 ORDER-STRIKE   Respondent's Reply In Support of Respondent's Motion for Rehearing is stricken as unauthorized as there are no provisions in the Florida Rules of Appellate Procedure for the filing of a reply to a motion.
06/05/2007 ORDER-OTHER SUBSTANTIVE DY   Upon consideration of "Respondent's Motion to Stay Imposition of Suspension and Motion to Enlarge Deadline for Referee to Conduct Hearing on Amount of Disgorgement," it is ordered that the motion to stay the imposition of suspension is denied. Further, it is ordered that the motion for enlargement of time for the referee to conduct a hearing on disgorgement is denied.
07/17/2007 REFEREES REPORT   (ON REMAND) W/1 VOLUME OF TRANSCRIPT & MISC. PLEADINGS
08/24/2007 LETTER-FLA BAR (WILL NOT PETITION FOR REVIEW) Kenneth Lawrence Marvin 200999 BY: Kenneth Lawrence Marvin 200999  
09/17/2007 LETTER RS Francisco Ramon Rodriguez BY: RS Andrew V. Tramont 322830 DATED 09/14/07, ADVISING RESPONDENT WILL NOT FILE A PETITION FOR REVIEW IN THIS MATTER
12/19/2007 DISP-APPROVED   The uncontested report of the referee on remand, filed with this Court on July 17, 2007, is approved. Judgment is ordered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida, 32399-2300, for the amount of $1,892,991.43, from Francisco Ramon Rodriguez, for which sum let execution issue. The money shall be disgorged to The Florida Bar Clients' Security Fund. It is so ordered.
01/02/2008 MOTION-REHEARING RS Francisco Ramon Rodriguez BY: RS Andrew V. Tramont 322830 (RC) (01/07/2008, AMENDED MOTION FILED)
01/07/2008 RESPONSE CO The Florida Bar FB BY: CO James A.G. Davey, Jr. 141717 TO RESPONDENT'S MOTION FOR REHEARING AND AMENDMENT TO MOTION FOR REHEARING (O&7)
01/10/2008 MOTION-MOTION AMENDMENT/SUPPLEMENT RS Francisco Ramon Rodriguez BY: RS Andrew V. Tramont 322830 FILED AS "MOTION FOR LEAVE TO FILE AMENDMENT TO MOTION FOR REHEARING" W/ATTACHMENT (O&7)
03/28/2008 ORDER-MOTION AMENDMENT/SUPPLEMENT GR   Respondent's Motion for Leave to File Amendment to Motion for Rehearing is hereby granted and said amendment was filed with this Court on January 7, 2008.
03/28/2008 DISP-REHEARING DY   Respondent's Motion for Rehearing and amendment thereto are hereby denied. (RC)
05/28/2008 ARCHIVES   3 Boxes