FLORIDA BAR v. BENGOCHEA, 839 So.2d 700 (Fla. 2003)

Case No. SC03-48Supreme Court of Florida.
February 27, 2003

Decision Without Published Opinion

Lower Tribunal No. 2003-70,841(11G-MRS)

The uncontested petition for disciplinary resignation, as provided by Rule 3-7.12, Rules Regulating The Florida Bar, without leave to seek readmission, 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 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 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. Inasmuch as Respondent’s disciplinary resignation petition was submitted without leave to seek readmission, his resignation is permanent. Judgment is entered for The Florida Bar, 650 Apalachee Parkway, Tallahassee, Florida 32399, for recovery of costs from Andres Alberto Bengochea in the amount of $750.00, 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.