Opinion
Case Nos. SC04-2050 and SC05-948.
June 13, 2008.
Lower Tribunal No(s). 2003-71,385(11E), 2004-70,368(11H).
The parties having filed a proper stipulation for dismissal pursuant to Florida Rule of Appellate Procedure 9.350(a), it is ordered that the petition for review be and the same is hereby voluntarily dismissed.
The report of the referee is approved in part and denied in part. The findings of fact and conclusions of law are approved. The recommendation of a suspension of one year and forty-five days is disapproved and a two-year suspension is hereby imposed. Cimbler's failure to timely file income tax returns and to timely pay income taxes is condemned and constitutes a failure of responsibility and a failure to be a responsible citizen. Such actions by a member of The Florida Bar warrant a longer suspension than that recommended by the referee. Saul Cimbler is suspended from the practice of law for two years, effective nunc pro tunc, December 16, 2005.
Upon reinstatement, respondent is placed on probation for three years under the terms and conditions set forth in the referee's report.
Respondent shall pay restitution in the amount of $1,000.00 to Ambrosio Morejon under the terms and conditions set forth in the report.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Saul Cimbler in the amount of $10,409.58, for which sum let execution issue.
Not final until time expires to file motion for rehearing, and if filed, determined. The filing of a motion for rehearing shall not alter the effective date of this suspension.
LEWIS, C.J., and WELLS, ANSTEAD, PARIENTE, QUINCE, CANTERO, and BELL, JJ., concur.