Opinion
No. SC12–229.
2013-04-16
THE FLORIDA BAR, Complainant(s) v. David A. HOINES, Respondent(s).
The uncontested report of the referee is approved and respondent is suspended from the practice of law for thirty days, 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 suspension effective immediately. Respondent shall fully comply with Rule Regulating the Florida Bar 3–5.1(h). In addition, respondent shall accept no new business from the date this order is filed until he is reinstated. Respondent is further directed to comply with all other terms and conditions of the report and consent judgment.
Respondent shall return $25,000.00 to Phyllis Ferrick, Paul Mastrando, and Toby Garafolo in approximate equal shares within sixty days under the terms and conditions set forth in the report and the consent judgment.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399–2300, for recovery of costs from David A. Hoines in the amount of $6,205.87, 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 suspension.