
    In re Stephen L. RUSKIN, Petition for Resignation from The Florida Bar.
    No. 31713.
    Supreme Court of Florida.
    Jan. 18, 1963.
    On Petition for Modification and Rehearing March 6, 1963.
    Stephen L. Ruskin, petitioner, in pro. per.
    Don G. Nicholson, Miami, for respondent, The Florida Bar.
   PER CURIAM.

Petitioner Ruskin was suspended from the practice of law for a period of six months beginning January 18, 1961 and continuously thereafter until he should have paid the cost of the proceedings culminating in the entry of the order.

On July 27, 1961 petitioner filed with the Board of Governors of The Florida Bar his petition for reinstatement. On December 10, 1962 petitioner filed with the Board of Governors of The Florida Bar a petition to resign therefrom in which he voluntarily withdrew his petition for reinstatement and requested he be allowed to resign from The Florida Bar. Upon consideration of the matter by the Board of Governors, it entered its judgment on the 28th of December, 1962, granting the request of the petitioner, Stephen L. Ruskin, for leave to resign without permission to be reinstated.

Upon consideration of the record herein, it is ordered that the aforesaid judgment of The Florida Bar allowing the petitioner Ruskin to resign without leave for reinstatement is in all respects approved and confirmed and adopted as the judgment of this Court.

It is so ordered.

ROBERTS, C. J., and TERRELL, THOMAS, DREW and THORNAL, JJ., concur.

ON PETITION FOR MODIFICATION AND PETITION FOR REHEARING

PER CURIAM.

This matter comes on to be further heard upon the Petition of Ruskin for Modification and Petition for Rehearing directed to the opinion and judgment of this Court dated January 18th, 1963 and the Reply of The Florida Bar thereto.

Petitioner Ruskin asserts that when he tendered his resignation as a member of The Florida Bar it was not with the condition that such resignation, if accepted, would be without leave to ever be reinstated and that promptly upon learning that such condition had been imposed in the judgment of the Board of Governors, he objected thereto. On the other hand, The Florida Bar asserts that it would not have accepted his resignation without the imposition of the condition, and prays that if this Court should consider a modification of the judgment, the matter be re-referred to the Board of Governors for further consideration.

In view of the foregoing, the judgment of the Board of Governors dated December 28th, 1962.herein and the opinion and judgment of this Court dated January 18th, 1963 are hereby vacated, set aside and held for naught.

Petitioner Ruskin is hereby granted leave to withdraw his Petition to Resign if he so desires, within thirty (30) days from the date hereof and the cause is hereby remanded to the Board of Governors of The Florida Bar for further proceedings.

It is so ordered.

ROBERTS, C. J., and TERRELL, THOMAS, DREW and THORNAL, JJ., concur. 
      
      . State ex rel. Florida Bar v. Ruskin, Fla. 1961, 126 So.2d 142.
     
      
      . The original of such judgment was filed in this Court January 9, 1963.
     