Florida Bar News

October 1, 2014 Disciplinary Actions

The Florida Supreme Court in recent court orders disciplined 22 attorneys; disbarring eight, suspending five and publicly reprimanding nine. Three attorneys received more than one form of discipline. They were also placed on probation. 

Chmari Lael Anderson,  P.O. Box 3604,  Orlando,  to be  publicly reprimanded  and further, directed to attend ethics school, following a June 19 court order. (Admitted to practice: 2008) Anderson represented a client on criminal charges. After the case resulted in a 30-year term of incarceration, the client asked Anderson to file a notice of appeal. Anderson filed the notice of appeal in an untimely manner, typed the client’s name on the signature line without permission, which suggested that it was approved by the client, and failed to disclose his involvement in filing the untimely notice of appeal. Anderson subsequently failed to respond to the court regarding allegations made by the client. (Case No. SC14-1003)

Angela Morton Armstrong,  1155 Tampa Road,  Palm Harbor, suspended  for 91 days, effective immediately, following a July 31 court order. (Admitted to practice: 2001) Armstrong was hired to represent clients in several instances and failed to follow through. Armstrong failed to respond to the Bar in two cases and did not timely respond in two other cases. Additionally, the grievance committee found probable cause that Armstrong failed to diligently represent and communicate with her clients in four bankruptcy cases, causing one to lose his home. (Case No. SC13-1633)

Derek Michael Aronoff,  27 S.E. Ocean Blvd.,  Stuart,  to be  publicly reprimanded  by publication in the Southern Reporter and further, directed to attend ethics school, following a June 19 court order. (Admitted to practice: 2001) After the death of a client, Aronoff attempted to provide legal services to her family when he was not competent to do so. Instead of advising the family of his late client that he was unsure how to proceed, he attempted to bring a civil action in the name of the decedent, when no probate proceeding was pending. Aronoff mistakenly believed that filing a civil action in the name of the decedent in the wrong county would initiate a probate proceeding. (Case No. SC14-1014)

Francis Wesley Blankner Jr.,  217 N.E. Ivanhoe Blvd.,  Orlando,  to be  publicly reprimanded  following a June 19 court order. (Admitted to practice: 1977) In the fall of 2013, the Fifth District Court of Appeal referred a matter to the Bar to investigate whether Blankner was incompetent and lacked diligence in representing clients before the court dating back to 2011. The court noted instances in which Blankner failed to timely file documents, requested repeated extensions of time to file briefs, failed to respond or timely respond to orders from the court, and failed to supervise an associate attorney, among other issues. (Case No. SC14-998)

Thomas R. Busatta Sr.,  12995 S. Cleveland Ave., Suite 47,  Ft. Myers,  to be  publicly reprimanded  and placed on  probation  for two years, following a July 31 court order. (Admitted to practice: 2009) Busatta lacked competence and failed to supervise non-lawyer assistants in several bankruptcy matters. (Case No. SC13-1462)

Marshall Lawrence Cohen,  P.O. Box 60292,  Ft. Myers, disbarred  effective retroactive to March 1, following a June 19 court order. (Admitted to practice: 1973) Cohen was suspended by the Bankruptcy Court for the Middle District of Florida in 2008. But for his disbarment from the U.S. Court of Appeals for the 11th Circuit on October 17, 2005, as a reciprocal discipline for his disbarment from the state of Georgia in April 2004, he could have been readmitted to the bankruptcy court. He never notified the Middle District of Florida or the bankruptcy courts of his disbarments. In 2012, Cohen held out as being able to practice in the bankruptcy court for the MDFL when he was not authorized. He was disbarred by the MDFL bankruptcy court in June 2013. Additionally, Cohen represented a client in a post-judgment matter and engaged in conduct prejudicial to the administration of justice. (Case No. SC14-38)

Nathan James Dygart,  2240 N. Pow Wow Trail,  Beloit, Wis., disbarred  effective immediately, following a July 31, court order. (Admitted to practice: 2010) Dygart was found guilty by a jury of two felony counts: unlawful use of computer service and traveling to meet a minor. (Case No. SC13-2327)

David Edward Evans,  108 W. 4th St.,  Panama City, suspended  for one year, retroactive to November 29, 2013, following a June 19 court order. (Admitted to practice: 1994) Evans was found in contempt for failing to comply with the terms of a June 17, 2011 court order in which he was suspended for 90 days and placed on probation for two years. The terms of his Florida Lawyers Assistance contract required him to remain drug and alcohol-free. He tested positive for alcohol and cocaine in random drug/alcohol screening tests. (Case No. SC13-1317)

Mark F. Germain,  2305 Hutchinson Ave.,  Leesburg, disbarred  effective 30 days from a July 8, court order. (Admitted to practice: 1995) Germain did not competently represent a client who was the victim of domestic violence. Specifically, he did little to protect her. He did not help her to obtain an injunction, discouraged the criminal prosecution of the perpetrator, and was misleading during the Bar’s investigation of the matter. (Case Nos. SC12-1981 & SC12-2289)

Julian Andrews Hayes Jr.,  P.O. Box 271682,  Tampa, suspended  for 30 days, effective 30 days from a July 17, court order. (Admitted to practice: 1999) In five separate instances, Hayes was retained and failed to adequately communicate with the clients. (Case No. SC13-2049)

Karen Sue Keaton,  P.O. Box 1139,  St. Petersburg,  to be  publicly reprimanded  following a July 11, court order. (Admitted to practice: 1984) Keaton violated conflict of interest rules. Keaton represented a client in various estate planning, tax and corporate law matters. The client subsequently established a charitable trust and named Keaton as trustee. She was also legal counsel for the charitable trust. Several of the private mortgage loans Keaton made as trustee went into default. The charitable trust had $200,000 in May 2008 and $70,000 in July 2009. (Case No. SC13-181)

Curtis P. Leonard,  P.O. Box 985,  Tavares, disbarred  effective retroactive to June 15, following a June 27 court order. (Admitted to practice: 2006) Leonard was charged in November 2013 with one count of witness tampering and one count of conspiracy to commit witness tampering, both first-degree felonies. In May, he entered a negotiated plea to accessory after the fact to witness tampering, a first-degree misdemeanor. (Case No. SC14-1074)

Virgil L. Light,  P.O. Box 6760, North Port,   disbarred  effective 30 days from a July 31 court order. (Admitted to practice: 2003) Light collected excessive fees, did not perform services, failed to appear at court hearings, and failed to communicate with clients. He became ineligible to practice law in October 2012 and continued to practice without informing the clients of his ineligibility. He also failed to respond to a Bar inquiry and he did not contact the grievance committee investigating member. (Case Nos. SC13-1904; SC13-1906; SC13-2256)

Gregory A. Martin,  1925 Brickell Ave., Suite D202,  Miami, permanently disbarred  effective immediately, following a June 17 court order. (Admitted to practice: 1981) On several occasions Martin mishandled trust funds and facilitated a fraud upon innocent third parties by disbursing escrow funds before the conditions precedent to release of the funds occurred. Also, while a shareholder at the law firm of Adorno & Yoss, Martin violated his employment agreement by stealing firm clients and fees while still employed by the firm. A Bar investigation found that Martin maintained two separate trust accounts outside of the firm through which millions of dollars of trust-related funds passed. (Case Nos. SC08-1061, SC09-561 & SC11-239)

Matthew David O’Brien,  1580 Bay Road, Apt. 731,  Miami Beach, suspended  for 90 days,   following a June 19 court order. (Admitted to practice: 2011) In July 2013, O’Brien was charged with one count of possession of a controlled substance, a third-degree felony. (Case No. SC14-995)

Thomas Harold Ostrander,  514 27th St. W.,  Bradenton,  to be  publicly reprimanded, following a June 19 court order. (Admitted to practice: 1985) In April 2006, Ostrander was appointed to represent a client in a criminal case. In November 2010, the client was sentenced to 30 months in prison on a felony conviction. Ostrander failed to respond to the client’s phone calls or emails for five months. In June 2011, after telling the client that he’d file the initial appellate brief, within 10 days, he filed it in August 2011 and did not keep the client informed about the status of the appeal. Ostrander also failed to timely respond to the Bar’s inquiry regarding the matter. (Case No. SC13-730)

Sarah Michelle Pashaee,  124 Hanging Moss Drive,  Oviedo, suspended  for 18 months, effective 30 days from a June 19 court order. (Admitted to practice: 2010) Pashaee engaged in a course of conduct involving loan modification matters that resulted in numerous client complaints against her or her law firm, Aldridge Law Group. Although Pashaee was solely licensed to practice law in Florida, she operated a law firm out of California where she had resided since in or about 2011 with mail being sent to an Orlando address. There was no bona fide office in Orlando. Mail and telephone messages were received in Florida and forwarded to Pashaee in California. Pashaee’s staff solicited clients for loan modification cases across the United States based upon leads she had purchased from an Internet company. Due to Pashaee’s failure to supervise her staff, clients and potential clients received inaccurate information from the law firm, were promised unrealistic results or failed to receive adequate communications from the firm. (Case No. SC14-1005)

Ali Andrew Shakoor,  3801 Corporex Park Drive, Suite 210,  Tampa,  to be  publicly reprimanded  and placed on  probation  for one year, following a June 27 court order. (Admitted to practice: 2003) Shakoor represented his sister in her dissolution of marriage proceedings in Ohio, on a pro hac vice admission. His status was revoked due to his failure to properly associate with a local co-counsel who was to have been actively involved in the case. During the representation, Shakoor filed five emotionally charged motions and pleadings, including inappropriate and disparaging remarks about the guardian ad litem, the opposing party, and the opposing counsel. (Case No. SC14-102)

Loring Noel Spolter,  1301 E. Broward Blvd., Suite 330,  Ft. Lauderdale, disbarred  effective immediately, following a June 27 court order. (Admitted to practice: 1990) Spolter represented four clients in cases pending before the U. S. District Court, Southern District of Florida. The judge hearing the cases found that Spolter violated rules of civil procedure by publicly making disparaging remarks about him, alleging bias, and other misconduct. (Case No. SC13-1764)

Mark P. Stopa,  447 3rd Ave. N., Suite 405,  St. Petersburg,  to be  publicly reprimanded  by the Board of Governors of The Florida Bar at a time and date to be determined by the Board, following a June 19 court order. Further, Stopa is directed to attend ethics school. (Admitted to practice: 2002) Stopa drafted a motion by oral dictation and did not revise or review once it was typed. As a result, he failed to remove inappropriate language before it was filed with the court. In the motion, Stopa impugned the integrity of the judge. (Case No. SC13-1886)

David C. Ullman,  1316 S. Highland Park Drive,  Lake Wales, disbarred  effective immediately, following a June 19 court order. (Admitted to practice: 1983) Ullman was sentenced on a felony charge, use of a computer to seduce a child. (Case No. SC14-1027)

Antonina Vaznelis,  8235 River Country Drive,  Spring Hill,  to be  publicly reprimanded  by publication in the Southern Reporter and further placed on  probation  for five years, following a June 19 court order. (Admitted to practice: 1990) Vaznelis represented a trustee in the administration of a complex estate with multiple beneficiaries. She also represented parties in interrelated trust and estate cases. Over a period of many years, Vaznelis failed to timely marshal assets and administer the trusts and estates. When contacted by an attorney for a surviving beneficiary, Vaznelis failed to respond. (Case No. SC14-1013)

Court orders are not final until time expires to file a rehearing motion and, if filed, determined. The filing of such a motion does not alter the effective date of the discipline. Disbarred lawyers may not re-apply for admission for five years. They are required to go through an extensive process that rejects many who apply. It includes a rigorous background check and retaking the bar exam. Historically, less than 5 percent of disbarred lawyers seek readmission.