Zachary v. State

Citations

• 53 Fla. 94

Syllabus

<p>1. Charges preferred, against an attorney for the purpose of disbarring him should be clear and specific, and should be stated with great particularity, thatttie attorney may be fully apprised of the nature of the charge he is called upon to meet and may be enabled to prepare his defense.</p> <p>2. Not only the act itself charged against an attorney in a proceeding against him for disbarment must be proved to have been committed, but the bad or fraudulent motive for the Commission thereof must also be established, either from the act itself or from proof of other circumstances, and, unless this is done, disbarment is pot authorized.</p> <p>3. An appellate court in reviewing the proceedings of a lower court disbarring an attorney should not interfere with the conclusions of the latter court upon the evidence, unless it is clear that the latter court, viewing its action in the light of the rule which requires clear proof of the act and of the bad motive of the attorney, has decided erroneously, in which case it is the duty of the appellate court to interfere.</p> <p>4. Evidence examined and found insufficient to support the conclusions of the- circuit court or to sustain the judgment.</p>