Opinion
CASE NO.: SC12-1981 CASE NO.: SC12-2289 Lower Tribunal No.: 2012-30,669(5B) Lower Tribunal No.: 2013-90,047(OSC)
07-08-2014
THE FLORIDA BAR Complainant(s) v. MARK F. GERMAIN Respondent(s)
The report of the referee is approved as to the findings of fact and recommendations as to guilt. We disapprove the referee's recommended sanction of permanent disbarment and, instead, impose disbarment as the appropriate discipline. Further, Respondent is hereby found in contempt for violating his probation. Respondent's disbarment is effective thirty days from the date of this order so that respondent can close out his practice and protect the interests of 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 Mark F. Germain in the amount of $5,347.03, 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. LABARGA, C.J., and PARIENTE, QUINCE, CANADY, and PERRY, JJ., concur. LEWIS, J., dissents and would approve referee's recommendation of permanent disbarment. POLSTON, J., dissents. A True Copy
Test:
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John A. Tomasino
Clerk, Supreme Court
dd
Served:
JOANN MARIE STALCUP
MARK F. GERMAIN
ADRIA E. QUINTELA
HON. STANLEY HOWARD GRIFFIS, III