Opinion
SC21-961
09-10-2021
THE FLORIDA BAR Petitioner(s) v. YADIRA HERRERA Respondent(s)
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED.
Lower Tribunal No(s).: 20214015(11D)
The Petition for Approval of Plea Agreement is granted, and respondent Yadira Herrera is found guilty of indirect criminal contempt for violating a previous order of this Court. See Fla. Bar v. Yadira Herrera and Yadira Herrera, Inc., et al., 2017 WL 6625309 (Fla. Dec. 28, 2017). Respondent is placed on probation for five months subject to the probationary supervision of the Advocate Program, Miami-Dade County, Florida, under the terms and conditions set forth in the plea agreement, which includes payment of the costs for the probationary supervision by the Advocate Program.
Respondent shall not engage in the unlicensed practice of law and the order dated December 28, 2017, enjoining Respondent from engaging in the unlicensed practice of law in Florida shall continue in its present form. See Yadira Herrera and Yadira Herrera, Inc., et al., 2017 WL 6625309 (Fla. Dec. 28, 2017).
Judgment is entered for Angela Rose for restitution from Yadira Herrera in the amount of $2, 410.00, and for Pedro N. Reyes for restitution from Yadira Herrera in the amount of $100.00, for which sums let execution issue. Respondent shall pay the restitution under the terms and conditions set forth in the plea agreement. Respondent shall deliver the restitution payments to the UPL Department of The Florida Bar, made payable to Angela Rose and Pedro N. Reyes in the respective amounts. Restitution shall be made prior to the end of the five-month probation period as set forth in the plea agreement. Restitution payments shall be made before payment of costs. The Florida Bar may initiate contempt proceedings or collection actions in accordance with the applicable rules for failure to pay restitution. The Florida Bar shall provide the complainants with a copy of this order. Nothing in this order shall preclude the complainants from seeking further relief through civil proceedings.
Respondent is directed to comply with all other terms and conditions of the plea agreement.
Based upon the foregoing, The Florida Bar's Petition for Indirect Criminal Contempt is hereby denied as moot.
CANADY, C.J., and POLSTON, LABARGA, LAWSON, MUÑIZ, COURIEL, and GROSSHANS, JJ., concur.