On Wednesday, June 21, 2023, the Supreme Court of Florida denied attorney Brett A. Elam’s motion to vacate after being disbarred for contempt of court.
The case is entitled “The Florida Bar v. Brett A. Elam,” with case no. SC2023-0328.
This current legal matter originates from a case initiated by The Florida Bar against attorney Brett A. Elam concerning his involvement in a Chapter 11 proceeding. The Chapter 11 proceeding was initiated on August 22, 2014, by Kim Crawford, for whom Elam served as a debtor-in-possession. In relation to this, on April 18, 2023, Elam was permanently disbarred by Supreme Court after being found in contempt of the court’s order. The disbarment was ordered due to Elam’s failure to respond to the court’s order to show cause. Elam was required to fully comply with the Rules Regulating The Florida Bar and was mandated to also pay $1,250.00 in costs.
On May 3, 2023, Elam filed a motion to vacate/reconsider the April 18, 2023, Supreme Court order. Elam claimed that he was not properly served with the Florida Bar’s petition for contempt and the Supreme Court’s order to show cause, depriving him of his due process rights. He requested that the court vacates the order and grants him appropriate due process going forward.
The motion states:
“In fact, the first, and only, time Elam received notice or was made aware, of any of the pending matters, including the Order to Show Cause issued by the Supreme Court, was April 18, 2023, when he received a copy of the Order. Case No. SC-2023-0328. It is a long-standing precedent in the State of Florida, and throughout the United States, a party is entitled to notice and be heard prior to a Court determining whether the party is in fact in contempt. By failing to provide Elam with notice of the Petition and Order to Show Cause, as well as not providing Elam with a copy of the Petition and Order to Show Cause, he has been deprived of his due process rights.”
The motion continues:
“WHEREFORE, the Respondent, Brett A. Elam, pro se, hereby respectfully request the Supreme Court determine that by failing to provide the appropriate notice and opportunity to be heard related to the Florida Bar’s Petition for Contempt and the Supreme Court’s Order to Show Cause, Elam was deprived of his due process rights, and based upon the deprivation of those due process rights, the Supreme Court’s April 18, 2023, Order should be vacated, plus grant any and all further relief as this Court deems just and necessary.”
In response, the Supreme Court of Florida denied attorney Elam’s motion.
The Order states:
“Respondent’s Motion to Vacate/ Reconsider April 18, 2023, Order is hereby denied.”
Mr. Elam was a lawyer in West Palm Beach, Florida. He had been licensed in Florida. His info can be found on floridabar.org.
A copy of the original filing can be found here.