V I R G I N I A :

IN THE CIRCUIT COURT OF THE CITY OF RICHMOND

John Marshall Courts Building



VIRGINIA STATE BAR EX REL

THIRD DISTRICT COMMITTEE, Complainant

Case No.: LR-1221-1

ROBERT HENRY SMALLENBERG, Respondent



ORDER



On the 3rd day of October, 2003, this matter came to be heard in the Richmond Circuit

Court upon the Complainant's Rule to Show Cause why the District Committee's

determination of February 14, 2003 should not stand, upon the Complainant's Motion to

Dismiss Respondent's Appeal which alleged that Respondent''s Brief was not timely filed

and

upon the Respondent's Petition to Supplement the Record. After hearing argument of

counsel, and it otherwise appearing proper to do so;

It is hereby ORDERED the Respondent''s Brief in Support of his appeal was timely filed

and the Complainant's Motion to Dismiss is denied;

It is further ORDERED the Respondent's Petition to Supplement the Record is granted

and the transcript of the hearing held before the Fairfax Circuit Court on June 26, 2001 is

admitted to the record;

It is further ORDERED there is not sufficient evidence in the record to support the

findings of the Third District Committee and accordingly the Show Cause is dismissed, and

the findings of the Third District Committee are reversed, and judgment is entered in favor

of the Respondent, Robert Henry Smallenberg.

As there is nothing further to be done in this matter, it is ORDERED that this case is to

be placed among the ended causes.

ENTERED: / /

Pamela S. Baskervill, Judge

E. Everett Bagnell, Judge

Donald H. Kent, Judge

I Ask For This:

Gary R. Hershner

Seven South Adams Street

Richmond, Virginia 23220-5601

804-788-1956

804-788-1982 Facsimile

Counsel for Respondent

Seen And Agreed/Objected To:

Linda Mallory Berry, Esquire

Assistant Bar Counsel

Virginia State Bar

707 East Main Street, Suite 1500

Richmond, Virginia 23219-2800

804-775-0500

804-775-0501 Facsimile

Counsel for Complainant