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THE FLORIDA BAR v. HEPTNER

Nos. SC01-1298, SC02-1118.

887 So.2d 1036 (2004)

THE FLORIDA BAR, Complainant, v. James Manuel HEPTNER, Respondent.

Supreme Court of Florida.

Rehearing Denied November 15, 2004.

Attorney(s) appearing for the Case

John F. Harkness, Jr., Executive Director, and John Anthony Boggs, Staff Counsel, Tallahassee, FL, and William Lance Thompson, Assistant Staff Counsel, Tampa, FL, for Complainant.

Scott K. Tozian of Smith and Tozian, P.A., Tampa, FL, for Respondent.

PER CURIAM.

We have for review a referee's report recommending that James Manuel Heptner be found guilty of professional misconduct and suspended from the practice of law for two years, effective, nunc pro tunc, July 3, 2002. We have jurisdiction. See art. V, § 15, Fla. Const. We approve the referee's findings of fact and recommendations as to guilt. However, for the reasons that follow, we disapprove the referee's recommended discipline and hereby disbar...

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