Opinion
09-261
Opinion Delivered May 27, 2010
Motion for Default Judgment Order of Disbarment, Motion Granted; Disbarment Ordered.
Respondent Timothy Mark Hall was personally served with a petition for disbarment on September 19, 2009. When Mr. Hall failed to respond, and attempts by the Committee on Professional Conduct to locate Mr. Hall failed, the Committee moved for default judgment and an order of disbarment based upon the facts in its original petition, which alleged serious misconduct on the part of Mr. Hall. On December 17, 2009, this court appointed a special master, the Honorable Rice VanAusdall, to make findings of fact, conclusions of law, and to recommend an appropriate sanction. See Ligon v. Hall, 2009 Ark. 635 (per curiam).
The special master filed the requested findings of fact, conclusions of law, and recommendations on March 17, 2010. Mr. Hall was found to have committed serious misconduct and was found to be in default for failing to appear at the hearing after due and legal notice. To date, no response has been filed by or for Mr. Hall, and Mr. Hall failed to appeal the findings of the special master by April 26, 2010, as required by the briefing schedule set by this court. Therefore, he is in default under Ark. R. Civ. P. 55, the allegations of the petition for disbarment are deemed admitted, and the proper sanction is disbarment. See Ligon v. Revels, 367 Ark. 186, 238 S.W.3d 609 (2006) (per curiam).
The name of Timothy Mark Hall of Huntsville, Arkansas, Bar. No. 96043, shall be removed from the registry of attorneys licensed by the State of Arkansas, and he is barred and enjoined from engaging in the practice of law in this state.
It is so ordered.