THE FLORIDA BAR, COMPLAINANT,
v.
DAVID M. ANDERSON, RESPONDENT
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David M. Anderson, a suspended attorney, petitioned for leave to permanently resign from The Florida Bar while facing contempt and other disciplinary proceedings. The Florida Supreme Court granted his petition for permanent resignation, which dismissed all pending disciplinary cases, but assessed costs of $5,983.80 against him.
An attorney facing pending disciplinary proceedings may petition for leave to permanently resign from The Florida Bar. Upon acceptance of the resignation, all pending disciplinary cases are dismissed. However, the resigning attorney remains liable for costs incurred in the pending disciplinary proceedings.
[1] A suspended attorney facing pending disciplinary proceedings may petition for leave to resign permanently from the bar.
[2] Acceptance of a petition for leave to resign permanently from the bar serves to dismiss all pending disciplinary cases against the attorney.
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Join FLexlaw to unlock all legal intelligence“As provided by rule 3-7.-11(d), the acceptance of the respondent's resignation serves to dismiss all pending disciplinary cases.”
Establishes that resignation under the rule automatically dismisses pending disciplinary proceedings
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Join FLexlaw to unlock all legal intelligenceAnderson was suspended from The Florida Bar on May 7, 1987, for professional misconduct. While suspended, he continued to hold himself out as an attor…
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PER CURIAM.
This proceeding is before the Court upon the petition of David M. Anderson for leave to resign from membership in The Florida Bar. Disciplinary proceedings are pending against the petitioning attorney.
Therefore, his request to resign is governed by Rule of Discipline 3-7.11 of the Rules Regulating The Florida Bar. The respondent attorney is a suspended member of The Florida Bar. He was suspended on May 7, 1987, as a result of findings of professional misconduct on his part. The Florida Bar v. Anderson, 506 So. 2d 403 (Fla.1987).
On January 20, 1988, The Florida Bar filed a petition (Case No. 71,769), for an order directing respondent to show cause why he should not be held in contempt of this Court for holding himself out as an attorney and continuing to engage in the practice of law. The accused attorney filed a response attempting to refute the allegations and to explain and justify his conduct. The contempt proceeding and other disciplinary proceedings brought against the respondent were pending at the time he filed the instant petition for leave to resign from The Florida Bar. The petition for leave to resign sets forth the past and present disciplinary proceedings against respondent and states that the resignation for which leave is sought will be permanent. The Florida Bar does not oppose the petition and asks that we allow resignation without leave to apply for readmission, subject to the condition that respondent be required to pay the costs incurred in the several pending disciplinary proceedings.
We grant the petition for leave to resign permanently. As provided by rule 3-7.-11(d), the acceptance of the respondent’s resignation serves to dismiss all pending disciplinary cases. The resignation of David M. Anderson from The Florida Bar shall take effect immediately. The costs incurred in the pending disciplinary proceedings are assessed against the respondent. Judgment for costs in the amount of $5,983.80 is entered against David M. Anderson, for which sum let execution issue.
It is so ordered.
McDonald, C.J., and OVERTON, EHRLICH, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur.