The Florida Bar v. Bauman, 558 So. 2d 994 (Fla. 1990). · Go Syfert
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The Florida Bar v. Bauman, 558 So. 2d 994 (Fla. 1990). Cases Citing This Book View Copy Cite
58 citation events (19 in the last 25 years) across 3 distinct courts.
Strongest positive: Tashara Love v. State of Florida (fla, 2019-12-19)
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 21 distinct citers.
discussed Cited as authority (rule) Tashara Love v. State of Florida (2×)
Fla. · 2019 · signal: cf. · confidence medium
Cf. State v. Watts, 558 So. 2d 994, 999-1000 (Fla. 1990) (holding that article X, section 9 did not prevent retroactive application of the legislation, because the parties could still “be prosecuted and punished in the same manner”) (quoting Ex parte Pells, 28 Fla. 67 , 9 So. 833 , 834-35 (1891)).
discussed Cited as authority (rule) Yegge v. State (2×)
Fla. Dist. Ct. App. · 2015 · confidence medium
“The intent of the legislature should be derived from the plain language of the statute in question.” State v. Watts, 558 So.2d 994, 997 (Fla.1990).
discussed Cited as authority (rule) Rogers v. State
Fla. Dist. Ct. App. · 2008 · confidence medium
"Once a court classifies a defendant as a youthful offender, it is prohibited from imposing sanctions other than those of the Youthful Offender Act." Mendez v. State, 835 So.2d 348, 349 (Fla. 4th DCA 2003); State v. Arnette, 604 So.2d 482, 484 (Fla. 1992) ("[Y]outhful offenders maintain youthful offender status even when they violate a condition of community control."); State v. Watts, 558 So.2d 994, 997-98 (Fla. 1990) ("[O]nce the circuit court has given a defendant youthful offender status and has sentenced him as a youthful offender, it must continue that status and only resentence the defe…
discussed Cited as authority (rule) Smiley v. State
Fla. · 2007 · signal: cf. · confidence medium
Cf. State v. Watts, 558 So.2d 994, 999-1000 (Fla. 1990) (holding that article X, section 9 did not prevent retroactive application of the legislation, because the parties could still "be prosecuted and punished in the same manner") (quoting Ex parte Pells, 28 Fla. 67 , 9 So. 833 , 834-35 (1891)).
discussed Cited as authority (rule) The Florida Bar v. Shoureas
Fla. · 2005 · confidence medium
See Fla. Bar v. Rood, 678 So.2d 1277, 1278 (Fla.1996) (disbarring lawyer who violated both a two-year suspension order and an additional-year suspension order by continuing "to practice law by meeting with and advising clients, and maintaining his trust account, and using personal and non-lawyer business accounts to receive and disburse client funds"); Fla. Bar v. McAtee, 674 So.2d 734 (Fla.1996) (disbarring lawyer for committing numerous ethical violations in seven bankruptcy cases resulting in client injury and for violating a subsequent suspension order in a different case by representing c…
cited Cited as authority (rule) White v. State
Fla. Dist. Ct. App. · 2002 · confidence medium
See § 958.14, Fla. Stat.; State v. Watts, 558 So.2d 994, 998 (Fla. 1990) (citing Watson v. State, 528 So.2d 101, 102 (Fla. 1st DCA 1988)); Haynes v. State, 545 So.2d 949, 949 (Fla. 1st DCA 1989).
cited Cited as authority (rule) The Florida Bar v. Ross
Fla. · 1998 · confidence medium
See also Florida Bar v. Simring, 612 So.2d 561, 570-71 (Fla.1993); Florida Bar v. Bouman, 558 So.2d 994, 994 (Fla.1990); Florida Bar v. Winter, 549 So.2d 188, 189 (Fla.1989).
discussed Cited as authority (rule) The Florida Bar v. Weisser
Fla. · 1998 · confidence medium
In Florida Bar v. Bauman, 558 So.2d 994, 994 (Fla.1990), we disbarred an attorney for practicing law during his six-month suspension, stating that "[w]e can think of no person less likely to be rehabilitated than someone like respondent, who wilfully, deliberately, and continuously, refuses to abide by an order of this Court." These cases are consistent with Florida Standard for Imposing Lawyer Sanctions 8.1, which provides that disbarment is appropriate where an individual: (a) intentionally violates the terms of a prior disciplinary order and such violation causes injury to a client, the pub…
cited Cited as authority (rule) Dimilta v. State
Fla. Dist. Ct. App. · 1991 · confidence medium
As was stated in State v. Watts, 558 So.2d 994, 997 (Fla. 1990): The plain and ordinary meaning of section 958.14 is clear.
cited Cited as authority (rule) Cole v. State
Fla. Dist. Ct. App. · 1990 · confidence medium
State v. Watts, 558 So.2d 994, 1000 (Fla.1990).
cited Cited as authority (rule) Cole v. State
Fla. · 1990 · confidence medium
State v. Watts, 558 So.2d 994, 1000 (Fla.1990).
cited Cited "see" Hudson v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See State v. Watts, 558 So.2d 994 (Fla.1990); Watson v. State, 528 So.2d 101 (Fla. 1st DCA *727 1988); Rogers v. State, 972 So.2d 1017 (Fla. 4th DCA 2008).
discussed Cited "see" King v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
The statutory authority for sentencing after revocation of probation assumes there has been no previous sentence of imprisonment, when it provides: "If ... probation ... is revoked, the court shall ... impose any sentence which it might have originally imposed before placing the probationer ... on probation... ." § 948.06(1), Fla. Stat. (1989); see State v. Watts, 558 So.2d 994 (Fla. 1990).
discussed Cited "see" King v. State
Fla. Dist. Ct. App. · 1994 · signal: see · confidence high
The statutory authority for sentencing after revocation of probation assumes there has been no previous sentence of imprisonment, when it provides: “If ... probation ... is revoked, the court shall ... impose any sentence which it might have originally imposed before placing the probationer ... on probation-” § 948.06(1), Fla.Stat. (1989); see State v. Watts, 558 So.2d 994 (Fla.1990).
cited Cited "see" McKendry v. State
Fla. · 1994 · signal: see · confidence high
See State v. Watts, 558 So.2d 994 (Fla. 1990).
cited Cited "see" State v. Arnette
Fla. · 1992 · signal: see · confidence high
See Ch. 85-288, § 24, Laws of Fla. Try as I might, I cannot reconcile the majority opinion with this Court's previous opinion in State v. Watts, 558 So.2d 994 (Fla. 1990).
discussed Cited "see" The Florida Bar v. Jones
Fla. · 1990 · signal: see · confidence high
See The Florida Bar v. Bauman, 558 So.2d 994 (Fla. 1990) (lawyer disbarred for engaging in five distinct acts of practicing law while suspended).
cited Cited "see, e.g." Lynch v. State
Fla. Dist. Ct. App. · 2013 · signal: see also · confidence medium
See also State v. Watts, 558 So.2d 994, 998 (Fla.1990).
discussed Cited "see, e.g." The Florida Bar v. Temmer
Fla. · 1999 · signal: see also · confidence medium
Id. at 273 (citation omitted) (emphasis supplied); see also Florida Bar v. Bauman, 558 So.2d 994, 994 (Fla.1990) (disbarring attorney for practicing law during his six-month suspension, holding "[w]e can think of no person less likely to be rehabilitated than someone ... who willfully, deliberately, and continuously refuses to abide by an order of this Court").
discussed Cited "see, e.g." Provenzano v. Moore
Fla. · 1999 · signal: see, e.g. · confidence low
See, e.g., State v. Watts, 558 So.2d 994 (Fla.1990) (explaining that the purpose of the Savings Clause is prevent a defendant from evading punishment). [54] The resolution of these issues should also serve as an apt reminder that the responsibility of our courts does not end with the mere mechanical processing of cases.
discussed Cited "see, e.g." O'Neal v. State
Fla. Dist. Ct. App. · 1996 · signal: see also · confidence low
See § 958.04(2)(c), Fla.Stat. (1991) (“the period of incarceration imposed or served and the period of probation or community control, when added together shall not exceed 6 years” for youthful offenders); see also State v. Watts, 558 So.2d 994 (Fla.1990) (even though court subsequently revokes a defendant’s probation or community control, the maximum sentence on resen-tencing still may not exceed six years’ incarceration less credit for time served).
THE FLORIDA BAR, Complainant,
v.
Hiram Lee BAUMAN, Respondent.
72868.
Supreme Court of Florida.
Mar 1, 1990.
558 So. 2d 994
Per Curiam.
Cited by 10 opinions  |  Published

John F. Harkness, Jr., Executive Director, and John T. Berry, Staff Counsel, Tallahassee, and Warren Jay Stamm, Bar Counsel, Miami, for complainant.

Nicholas R. Friedman of Friedman, Baur, Miller & Webner, P.A., Miami, for respondent.

PER CURIAM.

We have for review The Florida Bar's petition challenging a referee's recommendation in disciplinary proceedings against the respondent for the unauthorized practice of law while suspended.[*]

This Court suspended respondent for six months effective May 1, 1987, and ordered him to take and pass the professional responsibility exam as a condition of reinstatement. The Florida Bar v. Bauman, 505 So.2d 1326 (Fla. 1987). While suspended, the respondent engaged in at least five distinct acts of practicing law. On one of these occasions he was held in contempt by a circuit judge for holding himself out as an attorney. Yet subsequent to the contempt citation he again represented clients in court.

The referee recommended that respondent be suspended from the Bar for three years. The Bar contends that the respondent should be disbarred because of his egregious behavior in defiance of this Court's order. Respondent argues that "[d]isbarment is an extreme penalty and should only be imposed in those rare cases where rehabilitation is highly improbable." The Florida Bar v. Davis, 361 So.2d 159, 161 (Fla. 1978). We can think of no person less likely to be rehabilitated than someone like respondent, who wilfully, deliberately, and continuously, refuses to abide by an order of this Court. We agree with the Bar that disbarment is appropriate. We adopt the findings of the referee and disapprove the recommended penalty.

The respondent is hereby disbarred effective immediately and enjoined from the practice of law. Judgment for costs in the amount of $2,337.45 is hereby entered against the respondent, for which sum let execution issue.

It is so ordered.

EHRLICH, C.J., and OVERTON, McDONALD, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.

[*] We have jurisdiction pursuant to article V, section 15 of the Florida Constitution.