Florida Record

Sunday, September 22, 2019

Cocoa attorney suspended over alleged error in court filing

Discipline

By Karen Kidd | Sep 9, 2019


TALLAHASSEE (Florida Record) — Cocoa attorney Michael Anthony Saracco has been suspended following an Aug. 8 Florida Supreme Court order over an apparent error made in a court filing, according to a recent announcement by The Florida Bar.

"In his brief regarding a trial court's findings, Saracco made what appeared to be a material misrepresentation and did not correct this when opposing counsel pointed it out," the state bar said in its Aug. 29 announcement of the discipline and the Supreme Court's order. "In response to the Fifth District Court of Appeal's order to show cause why he should not be sanctioned, Saracco provided a written apology, assuring the court his conduct was not intentional and would not be repeated."

The Fifth District entered an order accepting Saracco's apology, according to the state bar's announcement.

In its own order, the Supreme Court suspended Saracco for 30 days, effective 30 days from the court's order, according to the state bar's announcement. The delay in his suspension allows Saracco time to close his practice and protect his existing clients' interests. 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 Saracco's suspension.

Saracco was admitted to the bar in Florida on Sept. 21, 2012, according to his profile at the state bar website.

In a previous discipline, Saracco was publicly reprimanded following a Supreme Court order issued in November 2018 and allegations he performed poorly while working with a company that cancels timeshare contracts. In that matter an attorney complained to the state bar about Saracco's association with the company, American Consumer Credit (ACC), for whom Saracco began working in 2013, violated professional conduct rules.

Saracco reached a consent judgment with the state bar and agreed to his reprimand. The consent judgment also included Saracco's conditional guilty plea.

In addition to reprimanding Saracco, the Supreme Court also ordered Saracco to attend the state bar's ethics school and to pay more than $2,454 in costs.

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