gasaway-2653-6-2629-6-se-order.pdf (2017)
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IN THE SUPREME COURT OF TENNESSEE 10/09/2017
AT NASHVILLE
IN RE: CARRIE LEIGH GASAWAY, BPR #018746
An Attorney Licensed to Practice Law in Tennessee
(Montgomery County)
_________________________
No. M2017-02005-SC-BAR-BP
BOPR No. 2016-2653-6-AW
BOPR No. 2016-2629-6-AW-22.3
_________________________
ORDER OF ENFORCEMENT
This matter is before the Court upon an Order of Enforcement (Docket No.
M2016-01884-SC-BAR-BP) entered September 16, 2016; upon a Petition for Discipline
(Docket No. 2016-2653-6-AW) filed November 9, 2016; upon a Petition for Final
Discipline (Docket No. 2016-2629-6-AW-22.3) filed December 1, 2016; upon the
Boardâs Motion for Default Judgment and that Charges in Petition for Discipline be
Deemed Admitted (Docket No. 2016-2653-6-AW) filed May 3, 2017; upon the Boardâs
Motion for Default Judgment and that Charges in Petition for Discipline be Deemed
Admitted (Docket No. 2016-2629-6-AW-22.3) filed May 4, 2017; upon a Motion to
Consolidate Pending Petitions for Discipline filed May 4, 2017; upon an Order Granting
Motion to Consolidate entered May 16, 2017; upon an Order for Default Judgment
entered May 16, 2017; upon the Findings of Fact, Conclusions of Law and Judgment of
the Hearing Panel entered June 30, 2017; upon service of the Findings of Fact,
Conclusions of Law and Judgment of the Hearing Panel upon Ms. Gasaway by the
Executive Secretary of the Board June 30, 2017; upon the Boardâs Application for
Assessment of Costs filed July 6, 2017; upon the Hearing Panelâs Findings and Judgment
on Assessment of Costs entered July 24, 2017; upon service of the Hearing Panelâs
Findings and Judgment for Assessment of Costs upon Ms. Gasaway by the Executive
Secretary of the Board July 24, 2017; upon consideration and approval by the Board on
July 10, 2017; upon expiration of the appeal period with no appeal taken; and upon the
entire record in this cause.
From all of which the Court accepts the recommendation of the Hearing Panel and
adopts the Hearing Panelâs Findings of Fact, Conclusions of Law and Judgment of the
Hearing Panel and the Hearing Panelâs Findings and Judgment for Assessment of Costs
as the Courtâs Order.
On October 5, 2015, Ms. Gasaway was disbarred by this Court, pursuant to Tenn.
Sup. Ct. R. 9, § 4.1 (2006) and 12.1 (2014) (Case No. M2015-01926-6-AW(22.3)), and
said disbarment remains in effect.
IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND
DECREED BY THE COURT THAT:
(1) Carrie Leigh Gasaway is disbarred from the practice of law, pursuant to
Tenn. Sup. Ct. R. 9, § 12.1.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 12.7 (2014), and as a condition precedent
to any reinstatement, Ms. Gasaway shall make restitution to the following individuals and
shall furnish to the Board of Professional Responsibility proof of restitution. In the event
restitution is made by the Tennessee Lawyerâs Fund for Client Protection (TLFCP), Ms.
Gasaway shall reimburse TLFCP in the same amount:
(a) Brandon McGettigan - $45,283.45
(b) Bonnie Endres - $2,116.00
(c) Dr. James Davis - $3,000.00
(d) Jeffery Towles - $7,500.00
(3) Prior to seeking reinstatement, Ms. Gasaway must have satisfied all CLE
requirements; have remitted all outstanding registration fees and outstanding professional
privilege taxes, including those due from the date of this suspension until the date of
reinstatement; and have remitted all court costs and Board costs in this matter.
(4) Pursuant to Tenn. Sup. Ct. R. 9, § 31.3(d) (2014), Ms. Gasaway shall pay to
the Board of Professional Responsibility the expenses and costs of this matter in the
amount of $692.36 and shall pay to the Clerk of this Court the costs incurred herein,
within ninety (90) days of the entry of this Order, for all of which execution may issue if
necessary.
(5) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 28.11 (2014).
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 28.1 (2014), this Order shall be effective
upon entry.
PER CURIAM
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