TALLAHASSEE (Florida Record) — South Miami attorney Rene Julian Garcia Jr has been disbarred following an Aug. 2 Florida Supreme Court order over misappropriation allegations, according to a recent announcement by The Florida Bar.
"Further, Garcia shall pay restitution of more than $148,000 to an estate," the state bar said in its Aug. 31 announcement of the discipline and the Supreme Court's order. "Garcia misappropriated client trust funds. He also failed to participate in the disciplinary proceedings before the referee."
In its two-page order, the high court approved the uncontested referee's report filed before disbarring Garcia and ordering him to pay restitution in addition to more than $7,503 in costs. Garcia was under a suspension handed down earlier this year, which meant his disbarment was effective immediately.
The state Supreme Court issued its two-page order of disciplinary revocation, tantamount to disbarment, with leave to seek readmission after five years.
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 Garcia's disbarment.
Attorneys disbarred in the state generally may not reapply for admission for five years and then they must pass an extensive process that includes a rigorous background check and retaking the bar exam.
Garcia was admitted to the bar in Florida on Sept. 23, 2005, according to his profile at the state bar website.
He was placed on emergency suspension following a Supreme Court order in February after he "appeared to be causing great public harm by misappropriating client trust funds," the state bar said in its announcement at the time.
In March the referee in the matter entered an order that granted the state bar's motion for default and the following month entered an order granting the state bar's motion to deem matters admitted, according to the referee's report.
"By these two orders, [Garcia] was deemed guilty of violating specific rules regulating The Florida Bar," the referee's report said.