Conflict Of Interest

2,285 Florida cases classified under this topic · sorted by citation count

• Williams v. State
  959 So. 2d 830· Fla. 4th DCA· 2007-07-11 ·cited 14×
  The court concurred with the prior precedent requiring the result reached, but the concurring judge expressed strong criticism of Florida Rule of Criminal Procedure 3.170(Z).
• Crume v. Metro. Life Ins.
  417 F. Supp. 2d 1258· M.D. Fla.· 2006-02-14 ·cited 14×
  The court held that MetLife's denial of disability benefits was not arbitrary and capricious, as the plaintiff failed to provide sufficient objective medical evidence of a disabling psychiatric impairment precluding her from her own occupation.
• Gold v. Bankier
  840 So. 2d 395· Fla. 4th DCA· 2003-03-19 ·cited 14×
  Res judicata does not apply because the causes of action were not identical, as one concerned the validity of the will and the other concerned the administration of the estate.
• Edelman v. Breed
  836 So. 2d 1092· Fla. 5th DCA· 2003-02-07 ·cited 14×
  The Fifth District Court of Appeal reversed an order removing Daniel Edelman as personal representative of an estate because the trial court granted a directed verdict motion in favor of the petitioners before Edelman was afforded an opportunity to present his defense. The court
• Freedom Commerce Ctr. Venture v. Ranson
  823 So. 2d 817· Fla. 1st DCA· 2002-07-19 ·cited 14×
  The Freedom Commerce Centre Venture defendants appealed the trial court's denial of attorney's fees under section 57.105, Florida Statutes, after the court initially granted but then reversed its ruling on fees related to frivolous post-judgment motions filed by the opposing part
• Swafford v. State
  828 So. 2d 966· Fla.· 2002-04-18 ·cited 14×
  Roy Clifton Swafford challenges the denial of post-conviction relief on his murder conviction after the state supreme court remanded for a hearing on whether evidence of an alternative suspect (Michael Walsh) was newly discovered. The court affirmed the denial based on the trial
• Pinebrook Towne House Ass'n, Inc. v. C.E. O'Dell & Assocs., Inc.
  725 So. 2d 431· Fla. 2d DCA· 1999-02-03 ·cited 14×
  The appellate court quashed the trial court's order disqualifying counsel and prohibiting disclosure of information, finding it to be a departure from the essential requirements of law.
• Gerheiser v. Stephens
  712 So. 2d 1252· Fla. 4th DCA· 1998-07-08 ·cited 14×
  Karen Gerheiser sought a writ of certiorari to quash an order requiring her to give in camera testimony about privileged communications with an attorney. The court held that while the attorney-client privilege applied to her communications with the attorney, the trial court prope
• THE Florida BAR v. Maynard
  672 So. 2d 530· Fla.· 1996-04-18 ·cited 14×
  The Florida Supreme Court disbarred attorney John Lobban Maynard for extensive ethical violations spanning two disciplinary cases, including misuse of client trust funds, conflicts of interest, self-dealing, false statements to courts, and failure to maintain proper trust account
• Atkins v. State
  663 So. 2d 624· Fla.· 1995-12-01 ·cited 14×
  Phillip Alexander Atkins, a death-row inmate, appealed the denial of collateral relief under Florida Rule of Criminal Procedure 3.850, raising claims about withheld autopsy photographs and other allegedly suppressed evidence. The Florida Supreme Court affirmed the trial court's d
• C.A.K. v. State
  661 So. 2d 365· Fla. 2d DCA· 1995-10-11 ·cited 14×
  C.A.K., a juvenile charged with burglary, challenges a mistrial declaration that would have subjected her to retrial. The court reversed, holding that the trial judge failed to consider alternatives before declaring a mistrial and that double jeopardy barred retrial.
• SUN Bank & Tr. Co. v. Jones
  645 So. 2d 1008· Fla. 5th DCA· 1994-09-30 ·cited 14×
  Sun Bank, as personal representative of a deceased ward's estate, appealed a probate court order denying objections to fees paid to the guardian and his attorney for services rendered in attempting to implement an unauthorized real estate transaction. The Fifth District Court of
• Rhue v. State
  603 So. 2d 613· Fla. 2d DCA· 1992-07-31 ·cited 14×
  The court held that the motion for postconviction relief set forth a prima facie showing of entitlement to relief on four claims, requiring further proceedings.
• Johnson v. State
  600 So. 2d 32· Fla. 3d DCA· 1992-06-09 ·cited 14×
  The court held that the trial court erred in overruling defense counsel's objection to representing multiple clients during consolidated jury selection, and that the state's peremptory challenge of a juror was based on insufficient, pretextual reasons.
• Miller v. Metro. Life Ins. Co.
  925 F.2d 979· 6th Cir.· 1991-02-15 ·cited 14×
  The court held that the district court did not err in denying the motion to amend or in granting summary judgment, as the insurer acted reasonably and not arbitrarily and capriciously in terminating benefits.
• Bonin v. California
  494 U.S. 1039· U.S.· 1990-03-19 ·cited 14×
  The dissenting Justices argued that certiorari should be granted to review whether a trial court must inquire into potential attorney conflicts of interest and whether an actual conflict alone, without proof of adverse effect, warrants a new trial.
• Kenrich Petrochemicals, Inc. v. Nat'l Labor Relations Bd.
  893 F.2d 1468· 3d Cir.· 1990-01-29 ·cited 14×
  The court granted in part and denied in part Kenrich Petrochemicals, Inc.'s petition for review of a National Labor Relations Board order. The court affirmed the Board's finding that Kenrich violated section 8(a)(1) by discharging supervisor Helen Chizmar in retaliation for her r
• Adams v. Montgomery, Searcy & Denney, P.A.
  555 So. 2d 957· Fla. 4th DCA· 1990-01-24 ·cited 14×
  In this wrongful death action, the court reversed a trial court order awarding attorneys' fees to defendants from the plaintiff's settlement share, holding that the attorneys could not ethically represent the plaintiff given their prior refusal to do so and conflict of interest w
• Howard Gault Co. v. Tex. Rural Legal AID, Inc.
  848 F.2d 544· 5th Cir.· 1988-06-30 ·cited 14×
• Manning v. Waring
  849 F.2d 222· 6th Cir.· 1988-06-09 ·cited 14×
  The court held that screening devices can be effective in rebutting the presumption of shared confidences, even when an attorney moves from one firm to another, provided specific institutional mechanisms are in place and proven.
• Eurus Kelly Waters v. Kemp
  845 F.2d 260· 11th Cir.· 1988-04-29 ·cited 14×
  The court held that court-appointed attorneys representing an indigent habeas corpus petitioner are not disqualified due to a partner's status as a special assistant attorney general, as there is no actual conflict of interest or appearance of impropriety under the governing ethi
• Saber v. Financeamerica Credit Corp.
  843 F.2d 697· 3d Cir.· 1988-03-31 ·cited 14×
  The court held that it lacked appellate jurisdiction to hear the appeal because the district court's order enforcing a settlement agreement was not a final decision, nor was it an appealable interlocutory order or collateral order.
• THE Florida BAR v. Hartman
  519 So. 2d 606· Fla.· 1988-01-28 ·cited 14×
  The Florida Bar sought to disbar attorney Gregory Hartman for multiple violations involving mishandling of client funds, failure to maintain trust accounts, neglect of legal matters, and assisting in a usurious loan transaction. The Supreme Court rejected disbarment but increased
• United States v. McCRIGHT
  821 F.2d 226· 5th Cir.· 1987-06-25 ·cited 14×
  The court held that the evidence was insufficient to support a conviction for misapplication of bank funds under 18 U.S.C. § 656, but affirmed convictions for making false entries in bank questionnaires under 18 U.S.C. § 1005.
• Ocean Club OF Palm Beach Shores Condo. Ass'n, Inc. v. Est. OF Betty C. Daly
  504 So. 2d 1377· Fla. 4th DCA· 1987-04-08 ·cited 14×
  The Florida Court of Appeal reversed a trial court order disqualifying the condominium association's counsel due to an alleged conflict of interest. The court held that representing a condominium association in litigation against one of its unit-owner members does not create an i
• Martin v. State
  501 So. 2d 1313· Fla. 1st DCA· 1986-12-23 ·cited 14×
  Ella Nora Martin appeals the denial of her post-conviction motion for ineffective assistance of counsel, claiming her trial attorney Pafford failed to object to prosecutorial comments about her silence and failed to investigate various defense theories. The appellate court revers
• United States v. Mooney
  769 F.2d 496· 8th Cir.· 1985-08-02 ·cited 14×
  The court affirmed the convictions, holding that the district court did not abuse its discretion in denying a mistrial and that any procedural errors were cured or did not affect substantial rights.
• Malchman v. Davis
  761 F.2d 893· 2d Cir.· 1985-05-10 ·cited 14×
  The court's concurrence cautions against the use of 'clear sailing' clauses in settlement agreements, as they can undermine the adversary process and potentially harm the plaintiff class.
• Whiteside v. Scurr
  750 F.2d 713· 8th Cir.· 1984-12-24 ·cited 14×
  A lawyer insisting a client testify truthfully, rather than falsely, does not constitute ineffective assistance of counsel.
• Clement Dently v. Lane
  712 F.2d 1172· 7th Cir.· 1983-07-18 ·cited 14×
  The dissenting judge believes there was adequate cause for the appellant's procedural default and that the state waived its right to raise the issue due to delay.
• Balderrama v. State
  433 So. 2d 1311· Fla. 2d DCA· 1983-07-01 ·cited 14×
  The court held that the use of an unsworn, biased family member as an interpreter during a change of plea hearing denied the defendant due process.
• United States v. Garvin Dale White
  706 F.2d 506· 5th Cir.· 1983-05-19 ·cited 14×
  The court held that the defendant's waiver of his right to conflict-free counsel was invalid because the trial court failed to adequately inform him of the specific dangers and potential prejudice arising from his attorneys' conflict of interest.
• United States v. Rossbach
  701 F.2d 713· 8th Cir.· 1983-03-04 ·cited 14×
  The court held that the trial court did not commit prejudicial error in its rulings regarding the indictment, voir dire, disqualification of counsel, conflict of interest, leading questions, severance, or admission of flight evidence.
• Levis Leon Aldridge v. State
  425 So. 2d 1132· Fla.· 1982-12-22 ·cited 14×
  Levis Aldridge appealed the denial of his Rule 3.850 motion challenging his death sentence on grounds of ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's finding that Aldridge received reasonably effective assistance of counsel, rejecting hi
• In re the Arb. between Grahams Serv. Inc. v. Teamsters Local 975 (Richard D. Larson)
  700 F.2d 420· 8th Cir.· 1982-11-08 ·cited 14×
• A.G. Becker Inc. v. Bd. OF Governors OF the Fed. Reserve Sys.
  693 F.2d 136· D.C. Cir.· 1982-11-02 ·cited 14×
  The dissenting judge would hold that the sale of third-party commercial paper by a commercial bank is prohibited under the Glass-Steagall Act because it constitutes engaging in investment banking activities and presents the hazards the Act was designed to prevent.
• Buntrock v. Buntrock
  419 So. 2d 402· Fla. 4th DCA· 1982-09-15 ·cited 14×
  The court held that the trial judge did not abuse discretion in denying the admission of foreign attorneys as co-counsel due to the appearance of impropriety and potential conflict of interest.
• Brown v. United States
  665 F.2d 271· 9th Cir.· 1982-01-07 ·cited 14×
  The court held that the district court applied the incorrect legal standard when determining if a conflict of interest adversely affected counsel's performance.
• Clement Dently v. Lane
  665 F.2d 113· 7th Cir.· 1981-11-10 ·cited 14×
  The court held that the district court erred in denying a habeas corpus petition without an evidentiary hearing, as factual questions regarding potential Sixth Amendment violations due to conflicts of interest in joint representation require further development.
• United States v. Ramsey
  661 F.2d 1013· 4th Cir.· 1981-10-09 ·cited 14×
  The court held that the appellants were not denied effective assistance of counsel due to joint representation because they failed to demonstrate an actual conflict of interest or that the trial court should have known of a potential conflict.
• The Travelers Indem. Co. v. Franna M. Swanson
  662 F.2d 1098· 5th Cir.· 1981-09-28 ·cited 14×
  The court held that the insurer (Travelers) is estopped as a matter of law from seeking reimbursement from the insured (Mrs. Swanson) and her insurer (State Farm).
• United States v. Tisdale
  647 F.2d 91· 10th Cir.· 1981-03-24 ·cited 14×
  The dissenting judge would hold that the admission of evidence concerning marijuana transactions was prejudicial error under Federal Rules of Evidence 404(b) and 403, requiring a new trial.
• Fed. Trade Comm'n v. Exxon Corp.
  636 F.2d 1336· D.C. Cir.· 1980-12-23 ·cited 14×
  The court held that a district court may prohibit an attorney-client relationship between a parent company's counsel and a wholly-owned subsidiary subject to a hold separate order, if necessary to prevent conflicts of interest arising from potential divestiture.
• Raanan Katz v. King
  627 F.2d 568· 1st Cir.· 1980-07-29 ·cited 14×
  The court held that the petitioner's claims were largely unexhausted in state court or lacked constitutional merit, and that any procedural defects in sentencing were cured by subsequent proceedings.
• Gray v. Estelle
  616 F.2d 801· 5th Cir.· 1980-05-07 ·cited 14×
  The court held that the petitioner did not knowingly and intelligently waive his right to conflict-free counsel because the state failed to prove he understood the dangers of the conflict or his right to obtain other counsel.
• Adams v. State
  380 So. 2d 421· Fla.· 1980-01-23 ·cited 14×
  The trial court erred in appointing the public defender of the Nineteenth Judicial Circuit to represent James Adams due to a conflict of interest, and this appointment is vacated.
• United States v. DeFALCO
  644 F.2d 132· 3d Cir.· 1979-12-28 ·cited 14×
  The plurality opinion presumes an inherent conflict of interest for an indicted attorney, potentially leading to ineffective assistance of counsel claims.
• United States v. Caudle
  606 F.2d 451· 4th Cir.· 1979-10-05 ·cited 14×
  The court held that the trial court erred by denying defendants the right to recross-examine a witness on new matters introduced during redirect examination, violating their Sixth Amendment right to confrontation and cross-examination.
• United States v. Medina-Herrera
  606 F.2d 770· 7th Cir.· 1979-10-01 ·cited 14×
  The court held that the defendant's retrial did not violate the Double Jeopardy Clause, and his attorney's representation of co-indictees did not create an actual conflict of interest requiring the trial court to inquire further.
• First Nat'l Bank OF Sikeston v. Transamerica Ins. Co.
  514 F.2d 981· 8th Cir.· 1975-04-17 ·cited 14×
  A fidelity bond is terminated as to an employee once the insured learns of any dishonest or fraudulent act by that employee, even if the act itself did not directly cause the loss.