Opinion
No. SC97130.
Opinion filed November 9, 2000.
Original Proceeding — The Florida Bar.
Gerald F. Richman, Joseph F. Hession and John R. Whittles of Richman, Greer, Weil, Brumbaugh, Mirabito Christensen, P.A., West Palm Beach, Florida, for Petitioner.
Barry Richard of Greenberg, Traurig, P.A., Tallahassee, Florida, for The Florida Bar, Respondent.
John B. Liebman of O'Neill, Chapin, Liebman Cooper, P.A., Orlando, Florida, for Interested Persons, Kathleen Burgener, Paul Wean and Robert Tankel.
Becker Poliakoff, P.A., petitioned the Court to rescind Florida Bar Advisory Ethics Opinion 93-4. We held oral argument on October 4, 2000. After further consideration, we have determined that we should decline to exercise jurisdiction. Therefore, the petition is dismissed.
It is so ordered.
Wells, C.J., and Shaw, Harding, Pariente, Lewis and Quince, JJ., Concur.
Anstead, J., Concurs specially with an opinion, in which Pariente, J., Concurs.
NO MOTION FOR REHEARING WILL BE ALLOWED.
While I concur in the majority's decision to discharge jurisdiction, I would do so expressly without prejudice for this matter to be considered by the appropriate committee on the rules regulating The Florida Bar. The committee should provide a proper venue for debate on the rule at issue, now having been formally interpreted by the Bar, and the outcome of that debate would be a proper subject for review by this Court regardless of whether a rule change is recommended.
Pariente, J., concurs.