On Wednesday, December 18, 2024, The Florida Bar filed a formal complaint against attorney Kevin T. Vagovic, alleging multiple instances of professional misconduct. The complaint, filed in the Supreme Court of Florida, outlines serious allegations on Vagovic’s interactions with clients and his handling of legal cases.
The case is entitled “The Florida Bar v. Kevin T. Vacovic,” with case nos. 2024-30,421(7B), and 2024-30,482(7B).
The complaint stems from findings by the Seventh Judicial Grievance Committee “B,” which established probable cause for the allegations and approved the complaint for filing.
The complaint delineates two separate cases of misconduct involving Vagovic’s representation of clients. The first case involves Sherry Ellis and her daughter, Christine Paxton, who engaged Vagovic’s services for a foreclosure case and a quiet title defense beginning November 16, 2021. The issues arose when Ellis failed to record a warranty deed after purchasing her home in 2009, leading to complications when the original seller sold the property to a different buyer before Ellis recorded her deed in 2016.
Following the departure of an associate from Vagovic’s firm in December 2022, Vagovic assumed responsibility for the case. According to the complaint, while representing Paxton in 2023, Vagovic sent her multiple friend requests on Facebook, which she initially ignored. Eventually, Paxton accepted the request, feeling pressured that declining could adversely impact her case.
Following their connection on social media, Vagovic allegedly began sending Paxton private messages and texts that she perceived as sexually suggestive. The communication escalated to invitations for late-night meetings to discuss her legal matters over drinks, which were not extended to her mother. The complaint includes specific text message exchanges, illustrating Vagovic’s inappropriate comments and requests.
On December 18, 2023, Vagovic failed to appear for a scheduled court hearing regarding the bifurcation of claims against his clients, resulting in both clients missing the hearing. The court subsequently granted the opposing party’s motion to bifurcate the issues for trial. Vagovic did not inform his clients of the hearing’s outcome, which led Paxton to terminate his services on January 5, 2024.
The complaint also addresses a second case involving another client, Brigette Ruschmeier, and her grandson, Christopher Parez. On January 22, 2024, they sought Vagovic’s representation in an unlawful detainer case that had been filed against them. Although both clients signed a fee agreement and were named defendants, Vagovic only filed a notice of appearance for Ruschmeier, resulting in a default judgment against Parez.
The complaint states that Vagovic failed to maintain adequate communication with Ruschmeier and did not provide competent representation. She had to visit his office several times to deliver necessary documents, but Vagovic was absent during those visits. When mediation was scheduled for February 12, 2024, Vagovic did not inform Ruschmeier of the proceedings, nor did he prepare her adequately for the trial set for February 14, 2024.
On the day of the trial, Ruschmeier informed Vagovic’s staff that she was ill and unable to attend court. Although she was permitted to appear via Zoom, Vagovic did not attend the hearing either in person or virtually. As a result, the court ruled in favor of the plaintiff, leading to Ruschmeier’s eviction from her home.
The complaint outlines that Vagovic’s actions violated several rules regulating The Florida Bar, including those requiring attorneys to act diligently and maintain proper communication with clients. His failure to provide competent representation and inappropriate conduct towards clients led to the Florida Bar’s request for disciplinary action.
In its conclusion, the Florida Bar has sought appropriate disciplinary measures against Vagovic under the rules governing attorney conduct. The allegations and findings, if upheld, could have significant repercussions for Vagovic’s legal career and his standing within The Florida Bar.
According to avvo.com, Mr. Vacovic is a litigation attorney in Daytona Beach, Florida. He attended the Florida Coastal School of Law, graduating in 2012. He acquired his law license in Florida in 2014.
A copy of the original filing can be found here.
