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IN THE SUPREME COURT OF TENNESSEE
AT NASHVILLE
IN RE: DAVID GARRETT MULLINS, BPR #024158
An Attorney Licensed to Practice Law in Tennessee
(Wise County, VA) -
FILED
No. M2014-01526-SC-BAR-BP AUG U 2014
BOPR No. 2013-2262-0-AJ
Clerk of the Courts
Rec'd By
ORDER OF ENFORCEMENT
This matter is before the Court upon a Petition for Discipline filed against David
Garrett Mullins on October 25, 2013; upon Motion for Default Judgment and That the
Allegations in the Petition be Deemed Admitted filed on March 4, 2014; upon Order of
Default entered on March 26, 2014; upon the Judgment of the Hearing Panel filed on
May 22, 2014; upon service of the Judgment of the Hearing Panel on Mr. Mullins by the
Executive Secretary of the Board on May 22, 2014; upon consideration and approval by
the Board on June 13, 2014; upon expiration of the appeal period with no appeal taken;
and upon the entire record in this cause. 1
From all of which the Court approves the Order of the Hearing Panel and adopts
the Hearing Panel's Judgment as the Court's Order.
On November 30, 2012, in Case No. M2012-002498-SC-BPR-BP, Mr. Mullins
was disbarred from the practice of law and ordered to pay restitution. Further, on
December 29, 2011, in Case No. M201 1-02733-SC-BPR-BP, Mr. Mullins was
temporarily suspended by this Court pursuant to Tenn. Sup. Ct. R. 9, § 4.3. To date, Mr.
Mullins has not requested, nor been granted reinstatement. Mr. Mullins is subject to the
disciplinary jurisdiction of the Supreme Court of Tennessee, pursuant to Rule 9 of the
Rules of the Supreme Court of Tennessee.
IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED BY THE
COURT THAT:
(1) Pursuant to Tenn. Sup. Ct. R. 9, § 4.2, David Garrett Mullins is suspended
for one (1) year, to be served concurrent to the Order of Enforcement entered
November 30, 2012, which disbarred him from the practice of law.
'Because this cause was initiated prior to January 1, 2014, it is governed by the pre-2014 version of Tenn. Sup. Ct. R. 9.
(2) Pursuant to Tenn. Sup. Ct. R. 9, § 4.7, and as a condition precedent to any
reinstatement, Mr. Mullins shall make restitution to Cynthia Withers in the total sum of
$11,000.00. In the event restitution is made by the Tennessee Lawyer's Fund for Client
Protection (TLFCP), Mr. Mullins shall reimburse TLFCP in the same amount.
(3) Additionally, Mr. Mullins shall comply in all aspects with Tenn. Sup. Ct. R.
9, § 18 (2006) and Tenn. Sup. Ct. R. 9, § 30.4 (2014) regarding the obligations and
responsibilities of suspended attorneys and the procedure for reinstatement.
(4) Mr. Mullins must meet all CLE requirements and all registration
requirements prior to reinstatement.
(5) Further, the Order of Temporary Suspension entered on December 29,
2011, in Case No. M201 1-02733-SC-BPR-BP is hereby dissolved.
(6) Pursuant to Tenn. Sup. Ct. R. 9, § 18.5, this Order shall be effective ten
(10) days after the date of entry.
(7) Pursuant to Tenn. Sup. Ct. R. 9, § 24.3, Mr. Mullins shall pay to the Board
of Professional Responsibility the expenses and costs of this matter in the amount of
$985.14 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.
(8) The Board of Professional Responsibility shall cause notice of this
discipline to be published as required by Tenn. Sup. Ct. R. 9, § 18.10.
FOR THE COURT:
CORNELIA A. CLARK, JUSTICE
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