CopyCited 368 times | Published | Supreme Court of Florida | 1992 WL 4873
...esigned to lead to an incriminating response. Cf. Rhode Island v. Innis,
446 U.S. 291, 300-01,
100 S.Ct. 1682, 1689-90,
64 L.Ed.2d 297 (1980). [18] See, e.g., § 3969, Gen.Stats. 1906, F.C.L. (1914); § 1347, Gen.Stats. 1906, F.C.L. (1914). [19] See §
454.18, Fla....
CopyCited 39 times | Published | Florida 3rd District Court of Appeal | 1992 Fla. App. LEXIS 12346, 1992 WL 360847
...Raised in this case, is the issue of whether Kohn, as a pro se litigant, should be treated differently from litigants in similar situations, represented by counsel. We conclude that it is a mistake to hold a pro se litigant to a lesser standard than a reasonably competent attorney. Section 454.18, Florida Statutes (1991) clearly provides "any person ......
CopyCited 17 times | Published | Supreme Court of Florida
...or deny the findings and recommendations of said Board of Governors. On September 6, 1955, The Florida Bar filed in this Court its complaint against respondent Evans charging that: (a) he had been convicted of an infamous crime within the meaning of Section 454.18, Florida Statutes 1953, F.S.A., and that pursuant to said section he is not entitled to practice law; (b) he was guilty of conduct in the practice of his profession as an attorney at law in violation of Canon 30, Rule B, Section II, Co...
...Evans offered the testimony of numerous reputable lawyers who stated that he enjoyed a good reputation in his community for honesty and integrity. The Referee found that the proof offered by The Bar was sufficient to establish a conviction of an infamous crime within the meaning of Section 454.18, Florida Statutes, F.S.A.; that such proof justified disciplinary action under Articles X and XI of the Integration Rule; that the offense charged was an isolated offense and that the respondent enjoyed a good reputation for honesty and fair dealings in the community in which he resides....
...He also found that Canon 32, Rule B, Section II, Code of Ethics, does not purport to prescribe a rule of conduct or to define a ground for disbarment. The conclusion of the Referee was that the respondent should be disciplined by virtue of the provisions of Section 454.18, Florida Statutes, F.S.A....
...The report of the Referee was thereupon filed with and considered by the Board of Governors of The Florida Bar which thereupon submitted its recommendations to this Court. The Board of Governors approved the finding that respondent had been convicted of an infamous crime condemned by Section 454.18, Florida Statutes, F.S.A.; it disapproved the finding that Canon 32, Rule B, Section II, Code of Ethics, was inapplicable and, on the contrary, found this Canon to be applicable. The recommendation of a two-year suspension was disapproved and in lieu thereof the Board of Governors recommended disbarment. Respondent petitions for a review of this recommendation. *733 Section 454.18, Florida Statutes, F.S.A....
...complainant asserts was sufficiently established to sustain the recommendation of disbarment. The respondent Evans contends: (a) that the offense with which he was charged in the federal court was not an "infamous crime" within the contemplation of Section 454.18, Florida Statutes, F.S.A.; (b) that even if it were, his plea of nolo contendere was not an admission of guilt except as to that particular proceeding and cannot be asserted as evidence of his guilt in this proceeding; (c) Canon 32, Ru...
...who may be admitted to the practice of law or any legislative determination on the subject of who must be or shall be disciplined. These will then be the exclusive functions of the judiciary. State ex rel. Florida Bar v. Murrell, Fla.,
74 So.2d 221. Section
454.18, Florida Statutes, F.S.A....
...ot an essential element, and that one or all of the foregoing is an essential component of an "infamous crime." Numerous authorities are cited to support the contention. Respondent then concludes that he cannot be disciplined under the provisions of Section 454.18, Florida Statutes, F.S.A....
...We deem it unnecessary to undertake to belabor this point or pass on the question raised. We adopt this view because Canon 32, Rule B, Section II, Code of Ethics, appears adequate to cover the point. While we give due consideration to the provisions of Section 454.18, Florida Statutes, F.S.A., we are not concluded by its provisions....
...respondent. At the same time the petitioner claims that State v. Snyder, 1939,
136 Fla. 875,
187 So. 381, concludes this point against respondent. We do not agree to this either. State v. Snyder, supra, does contain language to the effect that under Section
454.18, Florida Statutes, F.S.A., Sec....
...ears probation for one found guilty of a wilful failure to file income tax returns. In another recent case, State ex rel. Florida Bar v. Sears, Fla. 1956,
89 So.2d 494, the Referee felt that conviction of burglary required automatic disbarment under Section
454.18, Florida Statutes, F.S.A....
...y reason of which The Florida Bar "contended that the respandent was guilty of the charges against him" (emphasis supplied). The charges against the respondent were in four counts: (a) He had been convicted of an infamous crime within the meaning of Section 454.18, Florida Statutes 1953, F.S.A....
...nal misconduct within the meaning and intent of Articles X and XI of the Integration Rules of The Florida Bar, 31 F.S.A. The Referee appears to have found the proof sufficient to establish conviction of an "infamous crime" within the meaning of F.S. § 454.18, F.S.A....
...der the laws enforced [sic] by such court shall be conclusive proof * * *." Assuming the dual role of prosecutor and arbiter the complainant "approved" the finding of the Referee that the respondent had been convicted of an infamous crime under F.S. § 454.18, F.S.A., "disapproved" his finding that Canon 32, Rule B, Section II, Code of Ethics, was inapplicable, and by not mentioning it inferentially agreed that Canon 30, Rule B, Section II, was also inapplicable....
CopyCited 13 times | Published | Supreme Court of Florida | 1990 WL 205139
...ap. The better view is that Pearl's honorary position, requiring no actual law enforcement duties, did not conflict with his role as a defense attorney. There is no actual, implied, or per se conflict. The Court finds no violation of Florida Statute
454.18, 27, 51, and
27.53; Article II, Section 5(a) of the Florida Constitution; or Disciplinary Rule 5-101A of the Florida Code of Professional Responsibility....
...olation of his rights under the sixth and eighth amendments to the United States Constitution and his rights under article II, section 5(a), and article I, section 16, of the Florida Constitution. Harich also argues that the public defender violated section 454.18, Florida Statutes (1981), the common law doctrine of incompatibility, and several of this Court's disciplinary rules....
CopyCited 10 times | Published | Florida 3rd District Court of Appeal
...ers. See: Shotkin v. Kaplan, 116 Col. 295, 180 P.2d 1021. We recognize the constitutional mandate that the courts be open to all persons under § 4, Declaration of Rights, Constitution of the State of Florida, F.S.A., and the statutory provisions of § 454.18 Fla....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal
...priate motion and order of the court. Predicated upon this order and appellant's failure to appear with counsel the trial judge subsequently entered the order of dismissal from which appellant appeals. In support of appellant's contention, she cites § 454.18, Fla....
...counsel or be subject to dismissal of her cause, which dismissal in fact occurred by the trial judge's order dated October 30, 1974. However, also based on our review of the record in this appeal, we feel it obligatory to underline for appellant in § 454.18, Fla....
CopyCited 4 times | Published | Florida 3rd District Court of Appeal | 1996 WL 470876
...Grace,
321 So.2d 618, 618 (Fla. 3d DCA 1975)("Appellant's self representation does not relieve her of the obligation to comply with any appropriate rules of the court and the rules of civil procedure."), cert. denied,
348 So.2d 945 (Fla.1977); see also §
454.18, Fla....
CopyCited 3 times | Published | Florida 2nd District Court of Appeal
...ate is contrary to the entire basis of the ruling below, to the holding in the Wisconsin Baker case cited by the majority, and to the contention advanced at oral argument by the Florida Bar that Article I, § 21, of the Florida Constitution and F.S. § 454.18, which guarantee the right to represent oneself are not applicable because a personal representative always "represents" someone else, namely, the decedent....
CopyCited 2 times | Published | Florida 3rd District Court of Appeal
...Whereupon, the court entered the appealed order staying all proceedings until such time as plaintiffs retain, in effect, counsel separate and independent of plaintiff Jerry Kahn. The law of Florida is well established that a party to a cause may act as his own attorney. See § 454.18, Fla....
CopyCited 2 times | Published | Florida 5th District Court of Appeal | 2002 WL 10157
...ented in this case, yet she continued to sign papers as if she were still a party without any objection by Oliver. Although a party has the right to represent himself or herself in a legal proceeding, the party must adhere to the rules of court. See § 454.18, Fla....
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 10 Fla. L. Weekly 705, 1985 Fla. App. LEXIS 12882
...g petitioners to appear only through counsel. See Carr v. Grace,
321 So.2d 618 (Fla. 3d DCA 1975), cert. denied,
348 So.2d 945 (Fla.1977) (trial judge erred in ordering appellant to be represented by counsel or be subject to dismissal of her cause); §
454.18, Fla.Stat....
CopyPublished | Supreme Court of Florida
said respondent had violated the provisions of Section
454.18, F.S.A., which provides, among other things
CopyPublished | District Court of Appeal of Florida | 1974 Fla. App. LEXIS 8506
I, § 21, of the Florida Constitution and F.S. §
454.18, which guarantee the right to represent oneself
CopyPublished | Florida 4th District Court of Appeal
...2d at 608-09 (emphasis added). The trial court had the authority
to protect the proper administration of justice. Appellant’s pro se status
does not insulate him from acting with the proper decorum and
professionalism during litigation. As noted in section 454.18, Florida
Statutes (2019), “any person, whether an attorney or not ....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2617, 1985 Fla. App. LEXIS 5912
...The trial court’s order disqualifying a law firm from representing itself in a declaratory judgment action brought to interpret a contract between the parties is quashed. See Munne v. Garcia,
414 So.2d 1099 (Fla.3d DCA 1982); Kahn v. Milon,
332 So.2d 149 (Fla.3d DCA 1976); §
454.18, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 1982 Fla. App. LEXIS 20120
PER CURIAM. The final judgment against Cohen is reversed and remanded for a new trial because it was error to disqualify him from representing himself. § 454.18, Fla.Stat....
CopyPublished | Florida 3rd District Court of Appeal | 2011 Fla. App. LEXIS 2670, 2011 WL 710145
...he temporary fee award. It shall also revisit both the alimony and equitable distribution awards and make written findings and adjudicate Cortina's fee request. Case 3D10-1983 We also reverse the order denying Cortina's counsel's motion to withdraw. Section 454.18 of the Florida Statutes provides that "any person, whether an attorney or not, ... may conduct his or her own cause in any court of this state." § 454.18, Fla....
...3d DCA 1992) ("In a civil action, a party has a right *168 to terminate an attorney-client relationship at any time in favor of another attorney unless it is determined that the substitution would interfere with the efficient and proper functioning of the Court."); Carr v. Grace,
321 So.2d 618 (Fla. 3d DCA 1975) (citing section
454.18, and reversing an order requiring a civil litigant to appear through counsel)....
CopyPublished | Florida 1st District Court of Appeal | 1982 Fla. App. LEXIS 19359
order of dismissal. Therefore we reverse. See Section
454.18, Florida Statutes; Kahn v. Milon, 332 So.2d
CopyPublished | Florida 1st District Court of Appeal
...have counsel, and may conduct his own defense”).
Traylor noted that Florida also provides a statutory right to
self-representation.
596 So. 2d at 967 n.19. “[A]ny person, whether
an attorney or not, . . . may conduct his or her own cause in any
court of this state[.]” §
454.18, Fla. Stat. See also Kahn v. Milon,
332 So. 2d 149, 150 (Fla. 3d DCA 1976) (“The law of Florida is well
established that a party to a cause may act as his own attorney.”
(citing §
454.18, Fla....
CopyPublished | District Court of Appeal of Florida | 14 Fla. L. Weekly 1571, 1989 Fla. App. LEXIS 3707, 1989 WL 72738
...I have filed upon his behalf Notices of Appearance and discovery, Statement of Particulars, Production of Police Reports and everything else in his— THE COURT: Well, sir, you are an attorney? MR. GARY SMITH: No sir, but I — no ma’am, but I have filed under Florida Statute 454.18 to represent myself in this pretrial....
CopyPublished | Florida 3rd District Court of Appeal | 1999 Fla. App. LEXIS 7268, 1999 WL 346587
...Pearson’s suggestion that his status as a pro se litigant should excuse his failure to prosecute his cause on a timely basis, while understandable, must be rejected. Self-representation does not relieve a party of the obligation to comply with the rules of court. See § 454.18, Fla....
CopyPublished | Supreme Court of Florida
...at_, Florida, on this_day of_, 19_ CIRCUIT JUDGE . See Cal.Civ.Code §§ 4550-4556 (Deering 1982), and Colo.Rev.Stat. § 14-10-120.3 (1982); Md.R.P. 610, S74 (1982). . See Fla.R.Summ.P. 7.050(c). . See Fla.R.P. & G.P. 5.420, 5.520, and 5.530. . Section 454.18, Florida Statutes (1981), reads as follows: Officers not allowed to practice....
