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FL Supreme CourtNovember 10, 2022Referee's findings approved in part, disapproved in part; discipline increased to 91-day suspension⭐ Notable

The Florida Bar v. Arugu

Case No. SC21-933

In a Bar discipline proceeding, the Court held that an attorney who served a non-party subpoena on a mortgage company that differed from the proposed subpoena attached to his notice of intent — adding three sets of records after the ten-day objection window closed — knowingly violated the rules of a tribunal, made a frivolous discovery request, and engaged in dishonest conduct by failing to disclose opposing counsel's objection to the subpoenaed non-party. The Court disapproved the referee's guilt finding under Rule 4-3.4(a) for lack of supporting findings and increased the recommended sixty-day suspension to ninety-one days.

Key facts

  • Attorney Arugu served a non-party subpoena on a mortgage company that materially differed from the proposed subpoena attached to his notice of intent, adding three sets of records after the ten-day objection window had closed.
  • Opposing counsel had objected to the subpoena, but Arugu failed to disclose this objection to the non-party and did not obtain a court ruling before serving the expanded subpoena.
  • +2 more key facts with a free trial

Why it matters

The opinion supplies a clear disciplinary benchmark for abuse of the notice-of-production/non-party subpoena procedure, and its reasoning maps directly onto Fla. R. Civ. P. 1.351's parallel identical-subpoena and… — full analysis with a trial

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