Opinion
Nos. 64866, 65144 and 66749.
November 20, 1986.
Three Consolidated Original Proceedings — The Florida Bar.
John F. Harkness, Jr., Executive Director, and John T. Berry, Staff Counsel, Tallahassee, and Diane Victor Kuenzel, Bar Counsel, Tampa, for complainant.
Donald A. Smith, Jr. of Smith and Tozian, and Howard Garrett, Tampa, for respondent.
These consolidated disciplinary proceedings are before us on complaints of The Florida Bar and the uncontested report of the referee. We have jurisdiction. Art. V, § 15, Fla. Const.
The referee found respondent guilty of violating Disciplinary Rules 1-102(A)(5) (conduct prejudicial to the administration of justice), 7-110(B) (communicating with a judge without notice to opposing counsel), 6-101(A)(3) (neglect of a legal matter entrusted to him), and 7-101(A)(2) (failure to carry out an employment contract with a client) of The Florida Bar Code of Professional Responsibility. The referee recommended that respondent receive a public reprimand and be required to reimburse $150 to Mr. Gary Smith and pay the cost of these proceedings.
We approve the referee's findings and recommendations. Accordingly, respondent is ordered to appear before the Board of Governors of The Florida Bar, at a time and place set by the Board, to receive a public reprimand, and to reimburse $150 to Mr. Gary Smith. Judgment for costs in the amount of $2,045.32 is hereby entered against respondent, for which sum let execution issue.
It is so ordered.
McDONALD, C.J., and ADKINS, BOYD, OVERTON, EHRLICH, SHAW and BARKETT, JJ., concur.