Summary
In The Florida Bar v. Calvo, 601 So.2d 1194 (1194) (1992), the Florida high court rejected another special referee's decision to limit a similar proceeding to the issue of discipline. Citing Tepps, the court remanded the matter "for a full evidentiary hearing."
Summary of this case from In re VerdiramoOpinion
No. 78395.
July 2, 1992.
John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee, and Stephen C. Whalen, Bar Counsel, Fort Lauderdale, for complainant.
William A. Calvo, III, pro se.
William A. Calvo, III, seeks review of an order limiting issues in this disciplinary proceeding to the appropriate discipline pursuant to rule 3-4.6 of the Rules Regulating The Florida Bar. We have jurisdiction. Art. V, § 15, Fla. Const.
Disciplinary proceedings were instituted against Calvo after the Securities and Exchange Commission (SEC) issued an order and opinion suspending Calvo from appearing or practicing before the SEC for a period of two years. Prior to suspending Calvo, the SEC successfully sought a civil injunction in federal district court enjoining Calvo from violating various anti-fraud provisions of the federal securities laws.
We recently addressed the question of whether an order of suspension issued by the SEC is a final adjudication of discipline by a foreign jurisdiction under rule 3-4.6, holding that it is not. The Fla. Bar v. Tepps, 601 So.2d 1174 (Fla. 1992). Accordingly, we reject the referee's order limiting the issues in this proceeding and remand for a full evidentiary hearing.
It is so ordered.
BARKETT, C.J., and OVERTON, McDONALD, SHAW, GRIMES, KOGAN and HARDING, JJ., concur.