The Florida Bar v. Lee David Sarkin & The Florida Bar v. Drew Mark Levitt

Summary

The Supreme Court of Florida disapproved Reports of Referee, Consent Judgments, and related stipulations in consolidated attorney-discipline matters involving Lee David Sarkin and Drew Mark Levitt. The Court proposed three-year suspensions in each case, subject to other conditions and payment of costs, and directed the parties either to file revised Consent Judgments within 30 days or proceed to hearings. Justice Labarga concurred in part and dissented in part, stating that the agreed-upon eighteen-month suspensions should be accepted.

Holdings

1. The Court disapproved the Reports of Referee, Consent Judgments, and Stipulations filed in the disciplinary matters.
2. The Court imposed a three-year suspension for each respondent, together with the other conditions set forth in the Reports of Referee and payment of The Florida Bar's costs, subject to filing revised consent judgments within thirty days; absent agreement, the matters were to proceed to hearing before the referee.

Questions Presented

1. Whether the Supreme Court of Florida should approve the referees' reports, consent judgments, and stipulations providing for eighteen-month suspensions.
2. Whether the appropriate disciplinary sanction was a three-year suspension rather than the eighteen-month suspension agreed to by the parties.

Disposition

disapproved