MOTION TO AUTHORIZE RELEASE OF FUNDS … · IN THE SUPREME COURT OF FLORIDA Case No. SC10-562 THE...

Filing # 35797486 E-Filed 12/21/2015 06:13:34 PM

IN THE SUPREME COURT OF FLORIDA

Case No. SC10-562

THE FLORIDA BAR,

Complainant,

v.

NICOLAS A. MANZINI,

Respondent.

MOTION TO AUTHORIZE RELEASE OF FUNDSREMAINING IN RESPONDENT'S TRUST ACCOUNT

C Nicolas A. Manzini, as pro se Respondent, moves the Court to authorize the

funds still remaining in his trust account and as and for good cause states:

1. On April 1, 2010, the Court approved Respondent's Disbarment onO

Consent dated March 15, 2010 wherein he had agreed to immediately ceaseo

transacting funds through his trust account.

2. As of today, there is a balance of $2,694.27 in Respondent's trust account

at Sabadell United Bank, N.A. in Miami, Florida which has remained unchangedU

since March 15, 2010.

3. On April 25, 2010, and at The Florida Bar's instance, Respondent sent a

letter to his past and present legal clients which read in pertinent part:

"Any inquiries or concerns regarding my handling ofyour matter and/orany property or money belonging to you thatyou believe I may be holding shouldbe directed to The Florida Bar."

4. Respondent's sole former client to have made a legal claim against his

trust account was The Courts ofDoral Isles Condominium Association, Inc., which

sued Petitioner and initially froze his trust account on an ex-parte basis, to-wit, The

Courts at Doral Isles Condo Assn. vs. Nicolas A. Manzini and Manzini &

Associates, P.A., Miami-Dade County Circuit Court Case No.: 10-19099 ("Case

No.: 10-19099") but that case was ultimately dismissed with prejudice.

5. Case No.: 10-19099 arose out ofRespondent's handling of a 2006 case

settlement and the proceeds of that case were, as admitted by the Bar, no longer in

Respondent's trust account as of the date ofhis consensual disbarment on March

15, 2010.

6. In a companion criminal case initiated at the behest of the same legal

client, Respondent agreed in to pay restitution of $250.00 per month up to a

stipulated total amount of $50,000 from his own funds and he has faithfully made

all of said restitution payments to date.

7. The Bar has never asserted any claim to the funds in Respondent's trust

account and has admitted it has no such claim. The Bar has also admitted that

none of Respondent's past legal clients has made a claim against the funds still

remaining in Respondent's trust account.

8. On October 5, 2015, the Bar answered Respondent's request for

admissions in a related interpleader case (Nicolas A.Manzini v. The Florida Bar

and Sabadell United Bank, N.A., Miami-Dade County Court Case No.: 15-1032

CC 25-03) and conceded that it is unable to deny any the following material facts:

a) That the sources of the deposits ($13,138.29) made into Respondent's

trust account during the 60-day period prior to his consensual disbarment were

retainers and case settlements for which Respondent had not withdrawn his

rightfully earned fees and unreimbursed costs as of the date ofhis consensual

disbarment, March 15, 2010.

b) That the balance in Respondent's trust account as of today ($2,694.27)

consists of his rightfully earned fees and unreimbursed expenses which he had

not withdrawn from said account as of the date of his consensual disbarment,

March 15, 2010.

c) That no portion of the remaining balance in Respondent's trust account

($2,694.27) is owed to any client ofRespondent or to any third person or entity

or other party.

d) That no portion of the remaining balance in Respondent's trust

account resulted from monies withheld from or that belong to any of

Respondent's former clients who may have mac}e Client's Security Fund Claims.

e) That the purported loss or losses ofany monies that were the subject of

any Client's Security Fund Claims made against Respondent pre-date the monies

that Respondent deposited in his trust account in the months of January and

February, 2010, respectively, that resulted in the balance remaining in his trust

account as of today.

f) That the only one ofRespondent's clients to have made a claim against

his trust account was The Courts at Doral Isles Condominium Association, Inc.

which claim was ultimately dismissed with prejudice.

g) That Respondent agreed to pay and is paying restitution to The

Courts at Doral Isles Condominium Association, Inc. from his own funds and

not from the balance remaining in his trust account.

9. Moreover, in its answers to Respondent's request for admissions, the

Bar admitted the following material facts:

a) That the Bar has no knowledge of the source or sources for the

balance remaining in Respondent's trust account.

b) That the proceeds from Respondent's settlement of a case for The

Courts at Doral Isles Condominium Association, Inc. in 2006 (the only client

to have made a claim against Respondent's trust account) were no longer in

Petitioner's trust account as of the date of his consensual disbarment on March

15, 2010 and obviously are not there today.

c) That the Bar has no direct, indirect or other claim to the remaining

balance of Petitioner's trust account.

d) That this matter is governed by Rule 5-1.1(i) of the Rules Regulating

the Bar which provides that the funds shall be disposed of as provided by

applicable Florida law.

Attached hereto and made a part hereof as exhibit "1" is the Bar's response

dated October 5, 2015 to Respondent's request for admissions in the Miami-

Dade Counter interpleader action.

10. On January 10, 2015 and again on January 30, 2015, Respondent wrote

to the Bar requesting that it file a motion with the Court seeking authority for the

release of the funds in his trust account but the Bar abjectly failed or refused to so.

11. Indeed, the Bar answered Respondent's interpleader complaint in the

Miami-Dade County case and proceeded to litigate the issues there for nine (9)

months until the judge presiding ruled the Bar had not been forthcoming with its

discovery responses and only then did the Bar first suggest, by motion to dismiss,

that exclusive jurisdiction over the matter rested in this Court. A transcript of the

proceedings had on December 3, 2015 in the Miami-Dade County interpleader

action will be filed forthwith.

12. Respondent is the rightful owner of the funds that remainin his trust

account at Sabadell United Bank, N.A. almost six (6) years after his consensual

disbarment.

13. It is the Bar's stated position that the Court must modify its April 1,

2010 Order before authorizing the bank to release said funds.

WHEREFORE, pro se Respondent NICOLAS A. MANZINI respectfully

asks the Court to authorize the release of the funds still remaining in his trust

account or, in the alternative, to appoint a referee to this motion.

NICOLAS A. MANZINI6426 S.W. 9* StreetWest Miami, Florida 33144Tel.: (305) 335-3854Email: Manzini404(£daal.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that true copies of the above and foregoing Motion toRe-Open Case were emailed to Arlene K. Sankel, Bar Counsel, The Florida Bar,Miami Branch Office [email protected] and to Michael H. Moody, Esq.,Greenberg Traurig, P.A., Tallahassee, FL Mood_y_nggtlaw.com, this 21" day ofDecember, 2015.

NICOLAS A. MANZINIPro Se Respondent

IN THE COUNTY COURT IN AND FORMIAMI-DADE COUNTY, FLORIDA

CIVIL DIVISION

CASE NO. 15-1032 CC 25-03

NICOLAS A. MANZINI

Petitioner,

v.

THE FLORIDA BAR andSABADELL UNITED BANK, N.A.

Respondents.

THE FLORIDA BAR'S RESPONSE TOPLAINTIFF'S FIRST REQUEST FOR ADMISSIONS

Defendant, THE FLORIDA BAR, by and through the undersigned attorneys and pursuant

to Rule 1.370, Florida Rules of Civil Procedure, responds to Plaintiff's First Request for

Admissions as follows:

ITEMIZED RESPONSES

1. Admit that attached hereto and marked exhibit "1" is a true copy of the monthlystatement and cancelled checks for the period ending January 29, 2010 from Petitioner's trustaccount (#003-502808-9) at BNY Mellon United National Bank now known as Sabadell UnitedBank.

RESPONSE: After diligent inquiry, The Florida Bar is without sufficientknowledge to admit or deny.

2. Admit that attached hereto and marked exhibit "2" is a true copy of the monthlystatement and cancelled checks for the period ending February 26, 2010 from Petitioner's trustaccount (#003-502808-9) at BNY Mellon United National Bank now known as Sabadell UnitedBank.


GREENBERGTRAURIG, P.A.

3. Admit attached hereto and marked exhibit "3" is a true copy of the monthlystatement and cancelled checks for the period ending March 31, 2010 from Petitioner's trustaccount (#003-502808-9) at BNY Mellon United National Bank now known as Sabadell UnitedBank.


4. Admit that during the month of January, 2010, Petitioner deposited the total sumof $13,137.96 into the subject trust account.


5. Admit that during the month of February, 2010, Petitioner deposited the total sumof $6.93 into the subject trust account.


6. Admit that during the month of March, 2010, Petitioner deposited the total sum of$0.00 into the subject trust account.


7. Admit that Petitioner consented to his disbarment in Florida on March 15, 2010and immediately ceased using the subject trust account.

RESPONSE: Admitted only that the disbarment on consent was tendered onMarch 15, 2015; however, the Florida Bar is without knowledge as to whetherManzini immediately ceased using the subject trust account thereafter.

8. Admit that as of March 15, 2010, the balance in the subject trust account was$2,794.27.


9. Admit that attached hereto and marked exhibit "4" is a true copy of the monthlystatement for the period ending July 31, 2015 from Petitioner's trust account (#003-502808-9) atSabadell United Bank.



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10. Admit that as of July 31, 2015, the balance in the subject trust account was$2,694.27.


11. Admit that the remaining balance of the subject trust account resulted fromdeposits that were made by Petitioner during the months of January and February, 2010.


12. Admit that you have had the records for the subject trust account since on orbefore March 15, 2010.

RESPONSE: Denied. Pursuant to subpoena, the Florida Bar provided all of thebank records in its possession to Assistant Statewide Prosecutor James A. Cobbon May 21, 2010. Bar Counsel is no longer in possession of any bank records inthis case and did not retain any copies.

13. Admit that you have no knowledge of the source or sources for the remainingbalance in the subject trust account.

RESPONSE: Admitted.

14. Admit that the source or sources for the remaining balance in the subject trustaccount were monies for legal case settlements from which Petitioner had not yet withdrawn hisrightfully earned legal fees and costs as of the date when he consented to his disbarment andceased using the subject trust account (March 15, 2010).

RESPONSE: After diligent inquiry, The Florida Bar is without sufficientknowledge to admit or deny the source of the funds; denied as to Petitioner havingnot yet withdrawn his earned attorney fees and costs because based upon the bankrecords Plaintiff served in this action, it appears all of the funds withdrawn fromthe trust account were moved to Plaintiff's operating account.

15. Admit that no portion of the remaining balance in the subject trust account isowed to any former client or third person or entity or other party.


16. Admit that no portion of the remaining balance of the subject trust accountresulted from monies withheld from or that belong to any of Petitioner's former legal clients whomade Client's Security Fund Claims against Petitioner.

GREENBERGTRAUmG, P.A.

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17. Admit that the purported loss or losses of any monies that were the subject of theClient's Security Fund Claims made against Petitioner all pre-date the monies that Petitionerdeposited in the subject trust account in January and February, 2010 which resulted in theremaining balance of said trust account as of today.


18. Admit that attached hereto and marked exhibit "5" is a copy of a letter thatPetitioner sent to your representative on January 10, 2015 explaining that he had made a diligentsearch and inquiry to determine ownership of the $2,694.27 pursuant to Rule 5-1.1(i) of theRules Regulating the Bar and believed in good faith that said funds are comprised of undisbursedlegal fees and costs that were due him at the time of his consensual disbarment on March 15,2010 from legal case settlements after he disbursed the proceeds that were due his former clients.

RESPONSE: Admitted that the attached Exhibit "5" is a copy of a letterPetitioner sent to the Bar; however, The Florida Bar is without sufficientknowledge to admit or deny the substantive statements contained within the letter.The Florida Bar denies that Plaintiff has a good faith basis to claim ownership ofthe funds when his letter to The Florida Bar admits he no longer has any recordsrelating to the funds held in trust.

19. Admit that Petitioner's office and accounting records no longer exist today, morethan 5 years after Petitioner's consensual disbarment.

RESPONSE: The Florida Bar is without sufficient knowledge to admit or deny.

20. Admit that in April 2010, Petitioner notified all of his former legal clients andother persons affected in writing about his consensual disbarment.


21. Admit that Petitioner's sole legal client to have made a judicial claim against thesubject trust account was The Courts of Doral Isles Condominium Association, Inc., which suedPetitioner and initially froze his trust account on an ex-parte basis, to-wit, The Courts at DoralIsles Condo Assn. vs. Nicolas A. Manzini and Manzini & Associates. P.A., Miami-Dade CountyCircuit Court Case No.: 10-19099 ("Case No.: 10-19099") but that case was ultimately dismissedwith prejudice on May 7, 2014.


22. Admit that Case No.: 10-19099 arose out of Petitioner's handling of a 2006 casesettlement and the proceeds of that case were demonstrab}y no longer in Petitioner's trust accountas of the date of Petitioner's consensual disbarment on March 15, 2010.


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RESPONSE: Admitted.

23. Admit that you have been aware of the disposition of Case No.: 10-19099 sinceApril 10, 2010 because your representatives appeared in court and supplied evidence aboutPetitioner's trust account to the court.

RESPONSE: Admitted that representatives of the Florida Bar appeared in courtpursuant to being judicially noticed to appear, and provided evidence to the Courtunder seal; denied as to having knowledge of the case's disposition since April 10,2010.

24. Admit that after your representatives appeared in court and supplied evidence inCase No.: 10-19099, the court hearing said case unfroze Petitioner's accounts and dissolved itsex-parte injunction against the subject trust account.

RESPONSE: Admitted.

25. Admit that attached hereto and marked exhibit "6" is a true copy of the Order ofDismissal with Prejudice in Case No.: 10-19099.


26. Admit that in a companion criminal case also instigated by The Courts of DoralIsles Condominium Association, Inc., Petitioner agreed to pay restitution, not from the remainingbalance in the subject trust account but from Petitioner's own funds, and Petitioner has faithfullymade all of said restitution payments to date.


27. Admit that you denied the Client's Security Fund Claim made against Petitionerby The Courts at Doral Isles Condominium Association, Inc. and/or Mr. Kevin Brady becausePetitioner has paid and is paying restitution.

RESPONSE: Denied. The claim was approved but held in abeyance pending thepayment of restitution.

28. Admit that this matter is governed by Rule 5-1.1(i) of the Rules Regulating theBar.

RESPONSE: Admitted.

29. Admit that this matter is not governed Chapter 717, Florida Statutes.

RESPONSE: Denied. Rule 5-1.1(i) specifically refers to the unidentified fundsbeing disbursed in accordance with State law, therefore the applicable state lawsapply as well.

GREENBERG TRAURIG, P.A.

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[email protected] Se Petitioner

Mary Lisa [email protected]@sabadellbank.comAttorneyfor Sabadell UnitedBank, N.A.

s/ MICHAEL H. MOODY

TAL 452009224v1


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MOTION TO AUTHORIZE RELEASE OF FUNDS … · IN THE SUPREME COURT OF FLORIDA Case No. SC10-562 THE...

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