State ex rel. Fowler v. Finley

Citations

• 30 Fla. 302

Syllabus

<p>1. Mandamus is the appropriate remedy upon a proper case to restore an attorney at law to his rights as such when disbarred by the judgment of a Circuit Court from practicing his profession, but in such proceedings it is essential that the alternative writ, which takes the place of a declaration at law, should show a clear prima facie case in favor of the relator.</p> <p>3. A demurrer to the return to an alternative writ will reach said writ if defective, and bring it before the court for consideration.</p> <p>8. The remedy by mandamus is proper to restore an attorney who has been disbarred from practicing his profession, hot only where the disbarring court has exceeded its authority or proceeded irregularly, but also where it has manifestly decided erroneously on the evidence ; and where it is made to appear that the judgment of disbarment has been rendered by a court of competent jurisdiction it is incumbent upon the relator to allege in the alternative writ the facts which show that the court exceeded its authority, proceeded irregularly, or decided erroneously on the evidence. An allegation in an alternative writ in such a case that the record, evidence and proceedings in disbarring relator are wholly and entirely insufficient to authorize his disbarment, and that such judgment is totally null ■ and void, is the statement of a legal conclusion, and is insufficient in this, that it fails to show any facts which render the judgment of disbarment null and void.</p> <p>4. The charges upon which proceedings are based to disbar an attorney should be specific and particular so that he may be apprised of the precise nature of the accusation against him. Such proceedings are summary in their nature, but not arbitrary or despotic, and the court acts in the exercise of a sound discretion and according to law.</p> <p>5. While it is competent for the appellate court to review, in a proceeding by mandamus, the evidence upon which a Circuit Judge acted in disbarring an atto