THE FLORIDA BAR, Complainant,
v.
Joseph Scott LANFORD, Respondent.
Supreme Court of Florida.
John F. Harkness, Jr., Executive Director and John T. Berry, Staff Counsel, Tallahassee; and Rose Ann DiGangi-Schneider, Bar Counsel and Eric M. Turner, Co-Bar Counsel, Orlando, for Complainant.
R. Keith Williams of R. Keith Williams, P.A., West Melbourne, for Respondent.
PER CURIAM.
We have for review the referee's report and recommendation that Joseph Scott Lanford be found not guilty of charges alleged in The Florida Bar's complaint against him. We have jurisdiction pursuant to article V, section 15 of the Florida Constitution.
The Bar's complaint alleges that Lanford violated Rule Regulating The Florida Bar 4-8.4(c) (engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation) regarding a client billing matter. After conducting a formal hearing, the referee recommended that Lanford be found not guilty and that no disciplinary measures be applied. The referee also recommended that the parties bear their own costs.
The Bar petitioned this Court for review of the referee's report, arguing that the referee reached an incorrect conclusion as to Lanford's guilt and that the referee's recommendation as to discipline is unjustified.
In order to find that an attorney acted with dishonesty, misrepresentation, deceit, *481 or fraud, the Bar must show the necessary element of intent. Florida Bar v. Neu,
The Bar has not carried that burden in the instant case. The record supports the referee's conclusion that Lanford be found not guilty of violating rule 4-8.4(c). Thus, we deny the Bar's petition for review and approve the referee's report. As recommended by the referee, each party shall bear its own costs in this proceeding.
It is so ordered.
KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.