IN THE SUPREME COURT OF FLORIDA. (Before a Referee) THE FLORIDA BAR, CASE NO. SC16-1323 Complainant, TFB Nos. 2014-70,056 (11G) v. JOSE MARIA HERRERA, Respondent. RECOMMENDATIONS AS TO GUILT! The Court held a five-day trial in this case, wherein evidence was received in the form of testimony and exhibits. Considering the arguments, applicable law and rules presented by the Florida Bar and the Respondent, this Court finds that the facts, circumstances and evidence presented, regarding the Respondent’s conduct, support a finding of guilt as to certain Florida Bar rules. Thus, this Court recommends the Respondent be found guilty of the following Rules Regulating the Florida Bar, as indicated below: " This ruling does not constitute the Report of Referee. Following the sanction hearing, a separate comprehensive written report willbe issued in accordance with Rule 3-7.6(in) of the Rules Regulating the Florida Bar.Rule 4-3.1: Rule 4-3.3: Rule 4-3.4; Rule 4-8.1: Rule 4-8.4(c): Rule 4-8.4(d): Florida Bar v. Jose Maria Herrera, Case No. SC16-1323 Case No. SC16-1323 [TFB Nos. 2014-70,056 (11G)] Meritorious Claims and Contentions — Four Counts — GUILTY Candor Toward the Tribunal — Four Counts ~ GUILTY Fairness to Opposing Party and Counsel — One Count — GUILTY Maintaining the Integrity of the Profession; Bar Admission and Disciplinary Matters ~ Three Counts - GUILTY A lawyer shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation — Four Counts - GUILTY A lawyer shall not engage in conduct in connection with the practice of law that is prejudicial to the administration of justice ~ Two Counts - GUILTY WHEREUPON, it is ORDERED and ADJUDGED that: A notice of the sanction hearing will be issued once the undersigned coordinates available dates with all parties, DONE and ORDERED in chambers in Miami-Dade County, Florida, this 27" day of October, 2017. Dava J. Tunis, Referee Cireuit Court Judge Page 2 of3Florida Bar v. Jose Maria Herrera, Case No. SC16-1323 Copies furnished to: Herman Joseph Russomanno & Herman J. Russomanno, III Attorneys for Respondent (Jose Maria Herrera, Esquire) 150 West Flagler Street, Suite 2800 Miami, PL 33130-1560 hrussomanno@russomanno.com hetman2@russomanno.com Jennifer R. Falcone, Bar Counsel The Florida Bar 444 Brickell Avenue Rivergate Plaza, Suite M-100 Miami, FL 33131-2404 jfalcone@flabar.org Arlene Sankel, Chief Branch Discipline Counsel The Florida Bar 444 Brickell Avenue Rivergate Plaza, Suite M-100 Miami, FL 33131-2404 asankel@flabar.org Adria E. Quintela, Staff Counsel The Florida Bar Lakeshore Plaza II, Suite 130 1300 Concord Terrace Sunrise, FL, 33323 aquintel@flabar.org this 27" day of October, 2017. ——— + 4 _____ Judicial Assistant/Deputy Clerk Page 3 of 3