Opinion
Case No. SC03-674.
September 8, 2005.
Lower Tribunal No. 2003-11,422(6D) (HFC).
The Florida Bar's Motion to Dismiss Respondent's Petition for Review is granted and said petition is hereby dismissed. Respondent's Second Amended Initial Brief filed with this Court on June 30, 2005, is hereby stricken.
The Florida Bar's Motion to Strike Respondent's Second Amended Initial Brief and Motion to Toll Time for Filing Answer Brief are hereby denied as moot.
The report of the referee is approved and respondent's petition for disciplinary resignation, as provided by Rule 3-7.12, Rules Regulating The Florida Bar, with leave to seek readmission after ten (10) years, is granted subject to the continuing jurisdiction of this Court. See Florida Bar v. Ross, 732 So. 2d 1037, 1040-42 (Fla. 1998). Disciplinary resignation is tantamount to disbarment. Florida Bar v. Hale, 762 So. 2d 515 (Fla. 2000). The disciplinary resignation shall be effective thirty (30) days from the date of this order so that respondent can close out his practice and protect the interests of existing clients. If respondent notifies this Court in writing that he is no longer practicing and does not need the thirty (30) days to protect existing clients, this Court will enter an order making the resignation effective immediately. Respondent shall accept no new business from the date this order is filed.
Judgment is entered for The Florida Bar, 651 East Jefferson Street, Tallahassee, Florida 32399-2300, for recovery of costs from Paul Anthony Leighton in the amount of $10,640.35, 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 resignation. As with disbarment, in seeking readmission to The Florida Bar, respondent "may be admitted again only upon full compliance with the rules and regulations governing admission to the bar." R. Regulating Fla. Bar 3-7.10(n).
PARIENTE, C.J., and WELLS, ANSTEAD, LEWIS, QUINCE, CANTERO and BELL, JJ., concur.