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FLORIDA RECORD

Thursday, April 25, 2024

Colorado attorney faces suspension for allegedly failing to prosecute case

Discipline
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TALLAHASSEE (Florida Record) — Colorado attorney Peter Van Dorn Fullerton, admitted to the bar in Florida in 1989, has been suspended following an Aug. 24 Florida Supreme Court order over allegations he failed to prosecute a case, according to a recent announcement by The Florida Bar.

"Fullerton [of Fort Collins, Colorado] was hired in April 2008 to represent clients concerning their investment loss in a real estate venture," the state bar said in its Aug. 31 announcement of the discipline and the Supreme Court's order. "The case was subsequently dismissed for lack of prosecution and the court entered a final judgment against all the plaintiffs. In December 2017, Fullerton admitted to the court that he did not prosecute the case for the benefit of his clients and he failed to keep them informed."

In its two-page order, the high court approved the uncontested referee's report filed in the matter before handing down a 90-days suspension against Fullerton and ordering him to pay $1,250 in costs. Fullerton's suspension was effective 30 days from the date of the court's order to allow him time to close his practice and protect his existing clients' interests, according to the high court's order.

Florida court orders are not final until time to file a rehearing motion expires. Filing such a motion does not alter the effective date of Fullerton's suspension

Fullerton was admitted to the bar in Florida on April 21, 1989, according to his profile at the state bar website. No prior discipline before the state bar is listed on Fullerton's state bar profile.

Allegations against Fullerton stemmed from his representation of a group of investors for whom he filed an initial complaint in Palm Beach County Circuit Court on April 14, 2008, according to the consent judgment filed with the court. The consent judgment also includes Fullerton's conditional guilty plea.

Fullerton filed three amended complaints by September 2010 and the case stalled following failed mediation in April 2012. In December 2015, the court filed a notice of lack of prosecution in the case, giving parties 30 days before dismissal. Fullerton filed nothing, the court dismissed the case the following March and later awarded attorney fees to the defense following a hearing at which Fullerton did not appear and about which Fullerton filed nothing.

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