Opinion
No. SC09-1660.
December 14, 2009.
Lower Tribunal No(s). 2010-90,027(OSC).
This is before the Court on The Florida Bar's Petition for Contempt and Order to Show Cause.
The Court having issued its Order to Show Cause to respondent and respondent having failed to file a response to said Order to Show Cause.
IT IS ORDERED that respondent is held in contempt of this Court. As a sanction, respondent is suspended from the practice of law for ninety-one 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 accept no new business from the date this order is filed until he is reinstated.
The probationary period ordered in Florida Bar v. Akes, 996 So. 2d 213 (Fla. 2008), is hereby terminated. Furthermore, as a condition of reinstatement, respondent must receive a recommendation from FLA, Inc., in support of his reinstatement.
Respondent is further ordered to pay monitoring fee arrearages in the amount of $1,000.00 to The Florida Bar. Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Charles Daniel Akes in the amount of $1,250.00, 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.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, LABARGA, and PERRY, JJ., concur.