THE FLORIDA BAR, Complainant,
v.
John Montgomery GREENE, Respondent.
Supreme Court of Florida.
*282 John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee, and David G. McGunegle, Bar Counsel, Orlando, for complainant.
John Montgomery Greene, in pro. per.
PER CURIAM.
This disciplinary matter is before the Court upon the report and recommendation of the referee. We have jurisdiction according to article V, section 15, Florida Constitution.
The Florida Bar filed a petition for rule to show cause, alleging that respondent Greene engaged in the practice of law while under suspension. We entered an order to show cause and the appointed referee held an evidentiary hearing. The referee found that Greene engaged in the practice of law on four occasions while he was under suspension. He recommended that Greene be found in contempt of court, that his current suspension be extended for two years, and that he pay a fine of $2,500. Greene did not appear for or participate in the hearing.
We accept the referee's findings that Greene engaged in the practice of law while under suspension. The fact that Greene did not charge a fee for his services and was a personal friend of those for whom he performed the services does not make a difference. The Fla. Bar v. Keehley,
However, we reject the referee's recommendation as to the appropriate discipline. First, the Bar admits that there is no authority to impose a fine as a condition of discipline. Thus, the referee erred in recommending that Greene pay a $2,500 fine.
We agree with the Bar that further suspension of Greene would be fruitless. Greene has a long history of disciplinary violations. See The Fla. Bar v. Greene,
Accordingly, respondent is hereby disbarred from the practice of law effective upon the filing date of this opinion and is enjoined from the practice of law. Judgment for costs in the amount of $934.87 is hereby assessed against the respondent, for which sum let execution issue.
It is so ordered.
SHAW, C.J. and BARKETT, GRIMES, KOGAN and HARDING, JJ., concur.
McDONALD, J., concurs in part and dissents in part with an opinion, in which OVERTON, J., concurs.
McDONALD, Judge, concurring in part, dissenting in part.
I agree that the actions of Greene constituted the practice of law while suspended. Considering their nature, however, I would approve the referee's recommendation of extending the suspension rather than imposing the ultimate penalty of disbarment.
OVERTON, J., concurs.
NOTES
Notes
[1] Greene's only participation in these proceedings has been his response to the show cause order that he had no objection to the appointment of a referee and his subsequent letter to the Court indicating that he wished to resign from The Florida Bar. He has failed to take the appropriate steps to resign. See R.Reg.Fla.Bar 3-7.12.
