nero-3283-5-order-dissolving-temporary-suspension.pdf (2023)

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01/23/2023
IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE

IN RE: DANA L. NERO, BPR #025042

___________________________________

No. M2022-01412-SC-BAR-BP
___________________________________

ORDER DISSOLVING TEMPORARY SUSPENSION

On October 7, 2022, Dana L. Nero was suspended pursuant to Tenn. Sup. Ct. R. 9,
section 12.3 for failing to respond to the Board concerning a complaint of misconduct. On
January 9, 2023, Ms. Nero filed a petition pursuant to Tenn. Sup. Ct. R. 9, section 12.3(d),
seeking dissolution of her suspension on the basis that she has now provided all the
documents requested by the Board.

On January 17, 2023, the Board filed a response to the petition acknowledging that
Ms. Nero provided responses on November 21, 2022, âwhich Disciplinary Counsel has
reviewed and deems responsive to the previous requests.â Nevertheless, the Board argues
that Ms. Nero has failed to demonstrate good cause for reinstatement because her petition
does not establish any good faith factual basis for her initial failure to respond in a timely
manner or to seek an extension of time to respond prior to her suspension. The Board
asserts that the matter should be set for an immediate hearing before a Board panel in which
Ms. Nero will have the burden of demonstrating good cause for the dissolution of the
October 7, 2022 Order of Temporary Suspension.

Because the Board admits that the reason for Ms. Neroâs temporary suspension has
now been resolved, holding a hearing on her petition for dissolution under Tenn. Sup. Ct.
R. 9, § 12.3(d) is not necessary. Accordingly, Ms. Nero is entitled to immediate dissolution
of the temporary suspension.

IT IS, THEREFORE, CONSIDERED, ORDERED, ADJUDGED AND DECREED
THAT:

1. The temporary suspension imposed upon Dana L. Nero by the October 7,
2022 Order of Temporary Suspension is hereby dissolved.

2. The Board of Professional Responsibility shall cause notice of this
reinstatement to be published as required by Tenn. Sup. Ct. R. 9, § 28.11.
It is so ORDERED.