Clearwater attorney disbarred for misappropriating funds

Article Courtesy of The Florida Record

By Olivia Olsen

Published May 25, 2017


Nicole Mae Frost, an attorney from Clearwater, has been disbarred by the Supreme Court of Florida after an investigation found the attorney culpable in mishandling and misappropriating client funds in two matters.

In both matters, Frost was the representative for two homeowners' associations, Countryway Homeowners Association Inc. (Countryway) and The Greens of Countryway Homeowners Association Inc. (Greens). In July 2013, Frost received a check from a home sale for $403.63 to be dispersed to Countryway. She also received two checks on May 7, 2014, in the amounts of $313.41 and $1,518.45. In total, Frost held $2,235.49 in her client trust account for Countryway. However, at no time did Frost transfer the funds to the homeowners' association, and in November 2013, her client trust account dropped to $829.41, according to court documents.

In addition, Frost was asked to provide an estoppel letter for Greens in 2013. The attorney failed to create the document despite numerous requests, and as a result, a homeowner filed a suit against Greens in July 2014. The complaint against Greens was filed directly to Frost on July 28, but she failed to inform the homeowners' association. A default was entered against Greens on Aug. 6, 2014, and the motion was approved on Aug. 28.

The judgment prevented the association from being able to collect any fees from the homeowner, who later filed for attorney and court costs against Greens. In December 2014, another default was entered, and Greens was ordered to pay $2,401.29 in court costs. The homeowners' association paid the costs in December, and both associations hired a new attorney in March 2015. The new attorney requested payment from Frost and eventually filed a complaint against her when she did not relinquish the funds. After review, the Florida Supreme Court determined that disbarment was in order.

The St. Thomas University School of Law graduate was admitted to the Florida Bar in 1998. Frost had one prior record of discipline, a suspension in 2016.