In the Matter of Pride , 276 S.C. 363 ( 1981 )

Harwell, Justice

(concurring and dissenting) :

I concur in the finding and recommendation that the respondent should be held guilty of misconduct as set forth in our rules, but I am of the view that disbarment is too severe under the facts of this case. I therefore respectfully dissent from that portion of the opinion which would bring about disbarment.

The respondent was convicted in Federal Court for the misuse of rents or other funds derived from his own property. The property was security for a mortgage insured by the Department of Housing and Urban Development and the mortgage was in default. I am unaware of any other mortgage transaction wherein the use of rents or other funds by the owner for any purpose is a criminal offense merely because the mortgage is in default. Being of the view that no moral turpitude was involved, I would impose indefinite suspension as the appropriate sanction.

Inasmuch as two other members of the court join in this dissent, the ultimate result and order of the court is that the respondent be indefinitely suspended. As indicated in the proposed per curiam opinion, respondent Hemphill P. Pride, II is directed to return his cerifícate of admission to the bar to the Clerk of this Court within five days from notice of the filing of this order.

Ness, J., concurs.