The Florida Bar v. Omar Medina, Jr.
CourtSupreme Court of Florida
Date FiledOctober 29, 2026
DocketSC2024-0922
StatusPublished
📰 News Coverage: Read the LAWS.com news report on this case
Full Opinion
Supreme Court of Florida
____________
No. SC2024-0922
____________
THE FLORIDA BAR,
Complainant,
vs.
OMAR MEDINA, JR.,
Respondent.
October 29, 2026
PER CURIAM.
We have for review a report of referee recommending that
Respondent, Omar Medina, Jr., be found not guilty of misconduct. 1
We approve the referee’s findings of fact and recommendations as to
Respondent’s guilt.
BACKGROUND
On June 20, 2024, The Florida Bar filed a formal complaint
against Respondent. The Bar alleged that Respondent failed to
appear at a case management conference, ordered by the U.S.
1. We have jurisdiction. See art. V, § 15, Fla. Const.
District Court for the Middle District of Florida, resulting in his
client’s suit being dismissed. Respondent then filed a motion to
vacate the dismissal and attached a signed affidavit. The Bar
alleged that the motion and affidavit included statements that were
knowingly false. The Bar argued that this conduct violated Rules
Regulating The Florida Bar 3-4.3 (Misconduct and Minor
Misconduct), 4-3.3(a)(1) (Candor Toward the Tribunal; lawyer shall
not knowingly make a false statement of fact or law to a tribunal or
fail to correct a false statement of material fact or law previously
made to the tribunal by the lawyer), and 4-8.4(a) (Misconduct;
lawyer shall not violate or attempt to violate the Rules of
Professional Conduct).
After conducting a hearing on guilt, the assigned referee found
that the Bar failed to prove by clear and convincing evidence that
Respondent knowingly made false statements to a tribunal and
recommended that Respondent be found not guilty of the charged
rule violations. The Bar now seeks review of the referee’s report,
asking us to find Respondent guilty of violating the relevant Bar
rules and to remand for a hearing on sanctions. Respondent asks
-2-
us to approve the report of referee in its entirety. We hereby
approve the report.
FINDINGS OF FACT
The referee found that the disciplinary charges in this case
center on statements in the second paragraph of the affidavit
Respondent attached with his motion to vacate:
The undersigned affiant failed to meet in the case
management conference because I did not receive the
appropriate notice of the hearing. Moreover, there was
no communication received regarding the hearing.
Counsel investigated why no notice was received and was
able to determine that despite having notified the court
and opposing counsel o[f] the appropriate email
addresses inexplicably the clerk of this court sent notices
to email addresses that do not exist and have not existed
as part of the plaintiff’s counsel’s law firm for more than
10 years.
Respondent made similar statements in the sixth paragraph of his
motion to vacate, writing:
Additionally undersigned counsel had properly notified
the court and counsel of the appropriate email addresses
to use however inexplicably the clerk of this court sent
notices to email addresses that do not exist and have not
existed as part of the plaintiff’s counsel’s law firm for
more than 10 years.
The Bar alleged that several statements in these passages
violated rule 4-3.3(a)(1). In particular, the Bar objected to
-3-
Respondent asserting that he did not receive appropriate notice of
the conference, that he had notified the court and opposing counsel
of the appropriate email addresses, and that the clerk of court had
“inexplicably” sent notice to email addresses that had not existed
with Respondent’s firm for more than 10 years.
Notably, Respondent also wrote: “The more significant
importance is the fact that [Respondent] has had difficulty with the
pacer system” (PACER being the federal court public records access
and filing system) and learned after missing the conference that his
PACER account had been deactivated for years. Respondent
suggested that this problem was “one of the possible reasons” he
missed the conference, offering no other possible reasons.
The referee found that Respondent had mismanaged his
PACER account and did not understand how the federal court filing
system worked under the relevant local rules. Respondent believed
that designations he had made in state court would be used by the
federal court upon removal of the case. In accordance with the
PACER handbook and local rules, the local district court clerk sent
notice of the case management conference to three email addresses
that Respondent listed in his PACER account many years earlier:
-4-
omedina@medinalawfirm.com; cgoldthwait@medinalawfirm.com;
and imorfin@medinalawfirm.com. The referee found that the
“omedina” address was still in use by Respondent at the time he
filed his motion to vacate, that the “cgoldthwait” address had been
inactive for more than 10 years, and that it was unclear from the
evidence presented how long the “imorfin” address had been
inactive.
The referee explained that at the hearing on Respondent’s
motion to vacate, the presiding district judge confronted
Respondent about the fact that he was using one of the email
addresses to which notice had been sent. Respondent said he never
intended to blame the clerk of court and should have been clearer
in his motion that while notice had been sent to the “omedina”
address, neither he nor his staff ever saw any emails relating to the
conference. He posited that the notice might have made it to his
server but not to his inbox. He apologized and took the blame for
mismanaging his emails and PACER account, saying he did not
want to blame his staff because it was his responsibility.
The referee found that Respondent’s testimony at the
disciplinary hearing showed a lack of understanding as to the
-5-
manner in which federal courts notice litigants and counsel. The
referee found that Respondent made appropriate email designations
in state court and genuinely (though mistakenly) assumed the clerk
of court would update its e-filing with the pleadings made in the
state court system—an assumption that was inconsistent with the
PACER handbook and local rules.
The referee found that Respondent failed to update the clerk of
court in a way that would ensure he received electronic filings and
was negligent in maintaining his PACER account. However, the
referee also found that Respondent’s negligence did not rise to the
level of misconduct and his lack of comprehension of the federal
filing system did not prove that he knowingly made false statements
to the court.
Notably, at one point during the disciplinary hearing, Bar
counsel asked questions about when the “imorfin” address had last
been used, and Respondent testified that Ms. Morfin may have
worked for him as recently as 2022. However, later in the hearing,
Respondent stated that he believed the earlier line of questioning
had been about a different assistant, Ms. Bland, who worked for
him more recently. Respondent testified that he did not know the
-6-
dates of Ms. Morfin’s employment. The referee found that the most
recent active usage of the “imorfin” address had not been
established.
ANALYSIS
In a Bar discipline case, a “referee’s findings of fact regarding
guilt carry a presumption of correctness that should be upheld
unless clearly erroneous or without support in the record.” Fla. Bar
v. Barrett, 897 So. 2d 1269, 1275 (Fla. 2005) (citation omitted). If
the referee’s findings are supported by competent, substantial
evidence, this Court will not reweigh the evidence or substitute its
own judgment for that of the referee. Fla. Bar v. Schwartz, 284 So.
3d 393, 396 (Fla. 2019).
When reviewing a referee’s recommendations of guilt, the
referee’s factual findings must be sufficient under the applicable
rules to support the recommendations. Fla. Bar v. Shoureas, 913
So. 2d 554, 557-58 (Fla. 2005). Ultimately, the party challenging a
referee’s findings of fact or conclusions regarding guilt has the
burden of showing “that there is no evidence in the record to
support those findings or that the record evidence clearly
contradicts the conclusions.” Fla. Bar v. Germain, 957 So. 2d 613,
-7-
620 (Fla. 2007). A party cannot meet this high burden “simply by
pointing to contradictory evidence” when there is also competent,
substantial evidence that supports the referee’s findings. Fla. Bar v.
Glick, 693 So. 2d 550, 552 (Fla. 1997).
Here, the Bar argues that the evidence introduced at the
disciplinary hearing shows that Respondent violated rule 4-3.3(a)(1)
and therefore violated rules 3-4.3 and 4-8.4(a), and it argues that
the referee erred in finding otherwise. We find no clear error in the
referee’s finding that the Bar failed to prove every element of the
charged rule violations, particularly the “knowingly” element, by
clear and convincing evidence. The Bar makes inferences of fact
and points us to contradictory evidence in the record, but the
referee’s findings are supported by competent, substantial evidence
and will not be reweighed.
Notably, the referee identified only a single “untrue” statement
in the motion and affidavit: Respondent’s assertion that the local
federal clerk sent notice to email addresses (plural) that did not
exist and had not existed as part of his law firm for more than 10
years. From the evidence and testimony presented at the
disciplinary hearing, the referee found that only the “cgoldthwait”
-8-
address had been inactive for more than 10 years. The “imorfin”
address was found to have been inactive for an unknown period of
time, and the “omedina” address was still being used. However,
while Respondent’s statement was incorrect, the referee found that
the Bar failed to prove that Respondent knew he was making an
untrue statement at the time. We approve this finding.
The Bar relies on Florida Bar v. Grieco, 389 So. 3d 1257, 1262
(Fla. 2024), for the proposition that to prove the knowingly element,
the Bar need only show that the lawyer deliberately engaged in the
activity in question. The Bar argues that Respondent’s “activity”
was knowingly typing words into his motion and affidavit and then
knowingly filing those documents. The Bar contends that it did not
have to prove that Respondent knew his statements were false at
the time he wrote and filed the motion.
The Bar’s interpretation of this element is contrary to our case
law. In Florida Bar v. Miller, 863 So. 2d 231, 234 (Fla. 2003), we
explained that the record evidence showed that “Miller intentionally
deceived the federal court,” and we pointed to evidence in the record
showing that Miller knew his statements were untrue at the time
they were made.
-9-
The Bar’s reliance on Grieco is also misplaced, for in Grieco, we
declared that “competent, substantial evidence in the record
supports the referee’s finding that Grieco deliberately engaged in a
pattern of dishonest conduct by making repeated false or
misleading statements.” 389 So. 3d at 1264. We emphasized that
our holding was based on the referee’s findings about Grieco’s
“shifting narrative” and efforts to deliberately mislead, particularly
the referee’s finding that “on more than one occasion, Grieco
intentionally deceived or misled the public.” Id.
Here, the referee found the opposite, finding that Respondent
never intended to mislead the federal court. And we reiterate—the
Bar must prove by clear and convincing evidence that the charged
lawyer knew he or she was making false statements at the time the
statements were made.
However, even if the Bar were operating under the correct
standard, we must still assess whether the referee erred in finding
that the Bar failed to prove that Respondent knew he was making
false statements to the court. The Bar claims Respondent
knowingly made a false statement by stating that the clerk “sent
notices to email addresses that do not exist and have not existed as
- 10 -
part of the plaintiff’s counsel’s law firm for more than 10 years.”
The Bar argues that if only a single email address was inactive for
more than 10 years, then Respondent’s statement about multiple
inactive email addresses being noticed was a false statement. The
Bar acknowledges that the “cgoldthwait” email address was inactive
for over 10 years, but it argues that the “omedina” address was
never inactive, and it points to testimony elicited at the disciplinary
hearing in which Respondent suggested that the “imorfin” email
address could have been used by a former assistant, Ms. Morfin,
within the past 10 years.
As stated above, pointing to contradictory evidence will not
establish clear error when there is also record evidence in support
of the referee’s findings. Here, Respondent testified that he thought
Bar counsel’s questions about Ms. Morfin had been referring to a
different assistant who worked for him more recently. Bar counsel
did not definitively pin down when the “imorfin” address was last
active, and, more importantly, Bar counsel failed to elicit that
Respondent knew, at the time he filed his motion, that the “imorfin”
address had been active more recently than he suggested in his
motion and affidavit.
- 11 -
The Bar’s next argument concerns Respondent’s remark about
the clerk “inexplicably” sending notice to inactive email addresses.
The Bar contends that this statement can only be interpreted as
Respondent blaming the clerk of court when he knew that his own
negligence was to blame for missing the conference. Notably, the
referee wrestled with this issue, declaring that he considered the
“inexplicably” statement for three days before ultimately finding
that it was just a statement.
While the clerk’s actions were certainly not “inexplicable” with
an understanding of the PACER system and local rules, given
Respondent’s lack of understanding of the federal system (as found
by the referee), Respondent may well have been sincerely confused
by the clerk’s actions given the information he had at the time.
Moreover, shortly after stating that the clerk “inexplicably”
sent notice to inactive email addresses, Respondent wrote “[t]he
more significant importance is the fact that [Respondent] has had
difficulty with the pacer system” and stated that he learned after
missing the conference that his PACER account had been
deactivated for years. Respondent suggested that this problem was
“one of the possible reasons” he missed the conference, and he
- 12 -
offered no other possible reasons. Thus, while the Bar insists that
the only interpretation of Respondent’s “inexplicably” remark is that
he was blaming the clerk of court for his own failure to appear at
the conference, Respondent immediately offered an explanation for
his failure to attend, and that explanation assigned the blame to
himself. We therefore find no error in the referee’s finding that the
“inexplicably” remark was just a statement—more specifically, an
expression that Respondent could not explain at that time why
outdated email addresses had been used to notice the conference.
Next, the Bar argues that in his motion to vacate, Respondent
accused opposing counsel of engaging in fraud on the court. The
Bar interprets this as Respondent falsely blaming opposing counsel
for his own failure to attend the case management conference. But
Respondent’s fraud on the court assertion was part of an argument
made early in his motion on why he believed the case should not
have been removed to federal court in the first place. His “fraud on
the court” statement was not even referring to the missed case
management conference, let alone blaming opposing counsel for his
absence at that conference.
- 13 -
The Bar’s next argument is that Respondent knowingly made a
false statement when he said that he “properly notified the court
and counsel of the appropriate email addresses to use.” The referee
found that Respondent “did update the Clerk of Court of his
address; just not in a way that would ensure he would receive
electronic filings.” This finding is supported by Respondent’s
testimony at the disciplinary hearing. When questioned about his
statement on properly notifying the court of the appropriate email
addresses, Respondent answered: “I did. My understanding is, as
[opposing counsel] testified, that the whole file was copied,
including my email designations that were the active emails . . . .”
Thus, though Respondent had not in fact “properly notified the
court” of the correct email addresses, testimony in the record
supports the referee’s finding that Respondent sincerely believed, at
the time he filed his motion to vacate, that the designations he
made in state court had been transmitted with the case upon
removal to the federal system. Therefore, we find no error in the
referee’s finding that the Bar failed to show that Respondent
knowingly made a false statement when he asserted that he had
properly notified the court of the correct email addresses.
- 14 -
Finally, the Bar argues that the referee clearly erred in
concluding that no competent, substantial evidence was presented
showing that Respondent received any PACER filings. Because the
referee was referring to actual notice, we find no clear error in the
referee’s determination.
CONCLUSION
In conclusion, the referee’s findings of fact are supported by
evidence in the record. Because the referee’s findings of fact are
supported by competent, substantial evidence, and because the
referee’s legal conclusions and recommendations drawn from the
findings of fact are not clearly contradicted by the record evidence,
we approve the report of referee and find Respondent not guilty of
violating rules 3-4.3, 4-3.3(a)(1), and 4-8.4(a). Judgment is hereby
entered in favor of Respondent, Omar Medina, Jr.
It is so ordered.
COURIEL, C.J., and LABARGA, MUÑIZ, GROSSHANS, FRANCIS,
BARRIOS, and TANENBAUM, JJ., concur.
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION
AND, IF FILED, DETERMINED.
Original Proceeding – The Florida Bar
- 15 -
Joshua E. Doyle, Executive Director, Patricia Ann Toro Savitz, Staff
Counsel, and Mark Lugo Mason, Bar Counsel, The Florida Bar,
Tallahassee, Florida,
for Complainant
Donald A. Smith, Jr. of Smith, Tozian, Daniel & Davis, P.A., Tampa,
Florida; and David M. Caldevilla of de la Parte, Gilbert, McNamara
& Caldevilla, P.A., Tampa, Florida,
for Respondent
- 16 -