v ,358(1 la-osc)

Transcription

1 IN THE SUPREME COURT OF FLORIDA THE FLORIDA BAR, Supreme Court Case No. SC- Complainant, The Florida Bar File No. v ,358(1 la-osc) ORLANDO DELGADO, Respondent. PETITION FOR CONTEMPT AND ORDER TO SHOW CAUSE COMES NOW, The Florida Bar, Complainant, in the above-referenced matter, pursuant to Rule 3-7.ll(f), Rules Regulating The Florida Bar, and files this Petition for Contempt and Order to Show Cause, and states the following: 1. A copy of the Grievance Committee Finding of Non-Compliance and Failure to Respond to Official Bar Inquiry and Contempt is attached to this Petition as "Exhibit 1". 2. As of the date of the service of this Petition, Respondent has failed to respond to an official Bar inquiry. 3. The other members of The Florida Bar should not have to pay for respondent's failure to respond to an official bar inquiry and the initiation of the instant proceeding. Therefore, the Bar is requesting administrative costs of $1, against respondent.

2 WHEREFORE, The Florida Bar requests that this Court suspend the Respondent pursuant to Rule 3-7.ll(f), until such time as he fully responds in writing to the official Bar inquiry contained in "Exhibit 1" and until further order of this Court. Respectfully submitted, Patrick Russell, Bar Counsel The Florida Bar 444 Brickell Avenue, Suite M-100 Miami, Florida (305) Florida Bar No.: CERTIFICATE OF SERVICE I certify that this document has been E-Filed with The Honorable John A. Tomasino, Clerk of the Supreme Court of Florida, using the E-Filing Portal and that a copy has been furnished by United States Mail via Certified Mail No , return receipt requested to Orlando Delgado, Respondent, whose record bar address is 8124 SW 102nd St, Miami, FL , and via to odelgado@odpalaw.com; with a copy to Adria E. Quintela, Staff Counsel, via to aquintel@flabar.org, on this 24th day of January, Patrick Russell, Bar Counsel 2

3 The Florida Bar 444 Brickell Avenue, Suite M-100 Miami, Florida (305) Florida Bar No.: NOTICE OF TRIAL COUNSEL AND DESIGNATION OF PRIMARY ADDRESS PLEASE TAKE NOTICE that the trial counsel in this matter is Patrick Russell, Bar Counsel, whose address, telephone number and primary address are The Florida Bar,444 Brickell Avenue, Rivergate Plaza, Suite M-100, Miami, Florida , (305) , and and Respondent need not address pleadings, correspondence, etc. in this matter to anyone other than trial counsel and to Adria E. Quintela, Staff Counsel, The Florida Bar, Lakeshore Plaza II, Suite 130, 1300 Concord Terrace, Sunrise, Florida 33323, 3

4 IN THE SUPREME COURT OF FLORIDA (Before a Grievance Committee) THE FLORIDA BAR, Complainant, The Florida Bar File No ,346(11A) v. ORLANDO DELGADO, Respondent. ~~~~~~~~~~~~--'/ GRIEVANCE COMMITTEE FINDING OF NON-COMPLIANCE AND FAILURE TO RESPOND TO OFFICIAL BAR INQUIRY AND CONTEMPT On January 10, 2018, pursuant to Rule (1:), Rules Regulating The Florida Bar, the Eleventh Judicial Circuit Grievance Committee "A" considered whether to issue a Finding of Non-Compliance and Failure to Respond to Official Bar Inquiry and Finding of Contempt and made the following findings: 1. On October 18, 2017, The Florida Bar sent a written inquiry to Respondent in care of his legal counsel, Brian Tannebaum, via to btannebaum@tannebaum.com, with a request to respond by October 30, A copy of the letter is attached hereto as "Exhibit A". 2. On October 19, 2017, Brian Tannebaum, via advised The Florida Bar that he was no longer counsel to Respondent but that he forwarded him The Florida Bar's correspondence from October 18, 2017 and that The Florida Bar Exhibit 1

5 should communicate directly with the Respondent at his record Bar address and . A copy of this communication is attached hereto as "Exhibit B". 3. Respondent failed to respond to The Florida Bar as requested in the letter of Octobei 18, On November 9, 2017, Respondent was sent another written inquiry to Respondent, via to his record Bar address, odelgado@odpalaw.com, and he was requested to respond by November 20, A copy of the letter is attached hereto as "Exhibit C". 5. Respondent failed to respond to The Florida Bar as requested in the letter of November 9, Respondent was given notice that on January 10, 2018, the Eleventh Judicial Circuit Grievance Committee "A!' would hold a hearing on the Request for Issuance of Notice of Non-Compliance and Finding of Contempt. A copy of the Notice of Hearing and the Request for Issuance of Notice of Non-Compliance and Finding of Contempt are attached hereto as "Exhibit D". 7. Respondent made no response to the Request for Issuance of Notice of Non-Compliance and Finding of Contempt. 8. As of the date of this Request for Issuance of Notice of Non- Compliance and Finding of Contempt, Respondent has failed to respond to the official Bar inquiries dated October 18, 2017 and November 9,

6 9. The Grievance Committee found that Respondent failed to show good cause for failing to respond to the official Bar inquiries and that the non~compliance was willful. 10. The Grievance Committee found Respondent to be in contempt and requested The Flolida Bar to file a Petition for Contempt and Order to Show Cause with the Supreme Court...+-h Dated this 1 day of...::20..., \,; a "j,2018. Eleventh Ju~cial Circuit Grievance Committee "A CB<k Na<d.,. L. ~ \,( ~ Barbara Lynn Phillips, Chair... CERTIFICATE OF SERVICE I certify that this Grievance Committee Finding Of Non-Compliance And Failure To Respoud To Official Bar Inquiry And Contempt hereof has beeu furnished by regular U.S. Mail and certified U.S. Mail, with return receipt record number to, Orlando Delgado, whose record bar address is 8124 S.W. 102 d Street, Miami, FL and via to odelgado@odpalaw.com; Dennis G. ICainen, Designated Reviewer, via to dkainen@wktn-law.com, and to Adria E. Quintela, Staff Counsel, via at aquintel@flabar.org, this 1Jtih. day of January, Patrick Russell, Bar Counsel 3

7 Jolm F. Ha1 kness, Jr. Executive Director The Florida Bar Miami Bl'anch Office 444 Brickell Avenue Rivergate Plaza, Suite M-100 Miaml, Florida (305) \V\nv.flo1 idabar.org Joshua E. Doyle Executive Director Designate October 18, 2017 Sent via to Orlando Delgado, Esq. c/o Brian Lee Tannebaum, Esq. 1 S.E. 3'" Avenue, Suite 1400 Miami, FL Re: Complaint offrancisco Acosta against Orlando Delgado; The Florida Bar File No ,346(11A) Dear Mr. Tannebaum: Pmsuaut to the Florida Bar's investigation of the above-referenced matter, please respond to the following requests on or before October : 1. Please provide a specific response to all the allegations asserted in section A of the iuitial complaint concerning criminal and :fraudulent conduct involving the short sale of a specific property owned by your former wife, 2. Please descl'ibe your involvement and interest in F.A. Continental, LLC. 3. Please describe your involvement and interest in purchasing the property located at 8522 SW 102"d Street, Miami, FL from your former wife. 4. Please describe your relationship with Frank Acosta and any agreements you had with him with respect to F,A. Continental, LLC and the purchase of the property located at 8522 SW 102 d Street, Miami, FL from your former wife. Exhibit A

8 5, Please describe your involvement in the guaranty of the loan relative to the purchase of the property located at 8522 SW d Street, Miami, FL from your former wife. 6. Please describe your relationship, if any, to Lori Dilan, the notary for certain documents in the purchase of the property located al 8522 SW 102 d Street, Miami, FL from your former wife. Finally, provide all contact information for Lori Dilan. Thank you for your prompt attention to the foregoing. Sincerely, (.?;;~?;?' Patrick Russell Bar Counsel cc: Francisco Acosta, Complainant (sent to FrrmlrAcosta13@gmail.com)

9 Received Thu 10/19/2017 8:30AM From Bdan Tannebaum Subject Re: Complaint of Francisco Acosta against Orlando Delgado; The Florida Bar File No, 2017"70,346(11A) To Guerrero, Desire cc bee Good morning: Russell, Patrick Please accept this as notification that I am no longer counsel to Mr. Delgado. I have forwarded him both letters that were sent to me on October 18th and the Bar may communicate with him directly at his record Bar address. His is odelgado@odpalaw.com Brian Tannebaum I Special Counsel to Bast Amron 1 S.E. 3rd Avenue I Suite Miami, Florida yyww.tan nebaum,com Representing Lawyers Author of The Practice: Brutal Truths About Lawyers and Lawyering, ABA Publishing, Original message " From: "Guerrero, Desire" <DGuerrero@floddabar.org> Date: 10/18/1711:58 AM (GMT-05:00) To; Brian Tannebaum <btannebaum@tannebaum.com> Cc: FrankAcosta13@gmail.com, "Russell, Patrick" <PRussell@floridabar.org> Subject: Complaint of Francisco Acosta against Orlando Delgado; The Florida Bar File No ,346(11A) Mr. Tannebaum: Attached please find correspondence with today's date from Patrick Russell, Bar Counsel, regarding the above referenced matter. Thank you. Desire Guerrero I Assistant lo Patrick Russell THE FLORIDA BAR ~~ - Prlnl li1ls massage only If fl Is necessary. Exhibit B

10 This frans1nfssfon fs Intended lo be delivered to and read by J/Je na1ned addressee(s) 011Jy 1 and may conlaln lnforin ll/on that ls confldenti~!. propr/etf)ry, attor11ey wo11<-product or attomay-oflonr privileged. If this lnfonnstjon Is received by anyone other than Iha named addressae(s), such recipient should fmmed/q./e/y notify the $She/er by and by tefeplione (305) end oblp/n fnstruotionb~ as to the disposal of the transn)/lfed n1ater/sl. In no eve/jt and under no oiroun1stanoes s/1alf lflls matartal be read, l.l.sed, top/ad, reproduced, slorad orretained by tjnyone othcjrthat the na1r1ed addressee(s) except with /he express and aatual qonsenl of lbe- $ender, Please note: Flmida has very broad public records laws. Many written communications to or from The Florida Bar regarding Bar business may be considered public records, which must be made available to anyone upon request. Your e"mail communications may therefore be subject to public disclosure.

11 Johll F. Harkness, Jr, Executive Dlrecto1 The Florida Bar Miami Brauch Office 444 Bdckell Avenue Rlve1-gate Plaza, Suite M-100 Miami, Florida (305) Joshua E. Doyle Exc~utive Director Designate Sent vig Iv Orlando Delgado, Esq, 8124 SW 102"d Street Miami, FL November 9, 2017 Re: Complaint of Francisco Acosta against Orlando Delgado The Florida Bar File No ,346 (11A) Dear Mr. Delgado: Enclosed you will find correspondence dated October 18, 2017, requiring a response. Please be advised that a written response is required pursuant to Rule 4-8.4(g) of the Rules Regulating The Florida Bar, and a response has not been received. If a response ls not received by November 20, 2017, this matter will be forwarded to the Grievance Committee for further investigation. Sincere!y, <;:::;;;;,.r;:/ Patrick Russell Bar Counsel Enclosure Exhibit C

12 John F. Hal'lrness, Jr. Executive Director The Florida Bar Miami B1 anch Office 444 Bxlclrell Avenue Rlvergate Plaza, Suite M loo Miami, Flol'ida (305) Joshua E, Doyle Executive Direct01 Designate December 1, 2017 Sent yiq to odelgado@odpq/a.w.com mul 1 eg11l111 U.S. M11il Orlando Delgado, Esq. Orlando Delgado, P.A S.W. 102 d Street Miami, FL Re: Complaint by Francisco Acosta against Orlando Delgado The Florida Bar File No ,346 (11A) Dear Mr. Delgado: This letter is to advise you that the Eleventh Judicial Circuit Grievance Committee "A" will consider the above-referenced case on January 10, 2018, pursuant to Rule 3-7.4, Rules Regulating The Florida Bar. The matter to be heard is the Request For Issuance of Notice of Non-Compliance and Finding of Contempt. There will be no appearances by either party or by any witnesses in the case. However, you may make a written statement, sworn or unswom, explaining, refuting, or admitting the alleged misconduct. Ifyou wish to make a written statement, it must be received by December 21, Please provide copies of your statement to bar counsel and the committee chair as well. The Committee has discretion to schedule a live hearing prior to maldng a decision about this proceeding. In this case, the Committee has determined that a live hearing would not be of assistance in its consideration of the matter. No live hearing has been scheduled no1 is expected, Ifyou believe that a live heating would be useful to the Committee's deliberations, you may request that the Committee revisit its decision. You may do so by sending a written request for a live hearing to the Chair of the Committee and to the Bar Counsel with copies. Your request should include an explanation of why a live heating is needed to supplement the written record, including a description of the evidence and issues you would expect to be presented at such a hearing. Your request should be received by the Chair at least five (5) business days prior to the scheduled summary proceeding. Exhibit D

13 Orlando Delgado Filo No ,346(11A) December 1, 2011 Pnge'fwo If the committee decides to schedule alive hearing, you will be notified of that fact. The declsion whether to hold alive hearing is left to the absolute discretion of the committee; there is no right to appeal or review this decision, Sincerely, ~~...,. r/~ d..../...,:>'. {!-;::::." ~- Patrick Russell Bar Counsel 7~ Enclosure: Grievance Committee Roster cc: Francisco Acosta, Complainant (sent via regular U.S. Mail & Barbara L. Phillips, Chair (sent via only) Dennis G. Kainen, Designated Reviewer (sent via only) List o! Membe1 s of Grievance Committee (lla) (Pursuant to the requirement of Rule 3-7.4(a), the following is a list of the members of the Grievance Committee considering this matter) Barbara Phillips, Chair Dustin Tischler,Esq., Vice Chai!' Ian I. Martinez, Esq. Joseph A. Sacher, Esq. Aaron Blynn, Esq. Sowmya Bharathi, Esq. Richard C. Wolfe, Esq. Jeffrey S. Giordano Jose F. Padro Carlos F. Garcia Marc Schaevitz The following documents will be considered by the committee in making its determination: 1. Letter to Respondent Request for Additional Information dated October 18, Notice of Withdrawal as Respondent's Counsel dated October 18, Letter to Respondent No Response with attachments dated November 9, 2017.