Conflict Of Interest

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

• Warner S. Olds v. State
  302 So. 2d 787· Fla. 4th DCA· 1974-10-25 ·cited 14×
  A defense attorney was held in contempt of court for attempting to impeach a prosecution witness who was also represented by the attorney's office. The Florida District Court of Appeal reversed, holding that the attorney's zealous cross-examination efforts, undertaken to protect
• United States v. Wilson
  497 F.2d 602· 8th Cir.· 1974-05-29 ·cited 14×
  The court held that the evidence supported a single conspiracy charge and that the prosecutor's prior representation of one defendant did not violate due process or professional responsibility canons. The introduction of evidence of other crimes did not prejudice the appellants.
• United States v. Donatelli
  484 F.2d 505· 1st Cir.· 1973-09-20 ·cited 14×
  The court held that the defendant was not denied effective assistance of counsel and that any omission in the government's bill of particulars was harmless error.
• Barrus Constr. Co. v. Nat'l Labor Relations Bd.
  483 F.2d 191· 4th Cir.· 1973-07-18 ·cited 14×
  The court held that the same attorney representing the government in both a representation case and an unfair labor practice case, where the facts are closely related, creates a conflict of interest that prejudices the company's right to a fair hearing.
• United States v. Payne
  474 F.2d 603· 9th Cir.· 1973-02-07 ·cited 14×
  The court held that the trial court did not err in admitting evidence of a prior conviction, prior statements, and that sufficient evidence supported the verdict.
• NEW Mexico Sav. & Loan Ass'n v. United States Fid. & Guar. Co.
  454 F.2d 328· 10th Cir.· 1972-01-05 ·cited 14×
  The court held that the jury could reasonably find that neither the bookkeeper nor the president acted dishonestly, fraudulently, or criminally, and thus the bonding company was not liable under the fidelity bond.
• United States v. Nystrom
  447 F.2d 1350· 9th Cir.· 1971-08-20 ·cited 14×
  The court held that the Sixth Amendment does not require a trial court to advise defendants with jointly retained counsel of their right to separate counsel or to inquire about potential conflicts, absent a showing of actual prejudice. The court also found no error in the jury in
• Waters v. The W. Co. OF N. Am.
  436 F.2d 1072· 10th Cir.· 1971-01-28 ·cited 14×
  The court held that the interlocutory appeal was improvidently granted and must be dismissed.
• Gardner v. Louie L. Wainwright
  433 F.2d 137· 5th Cir.· 1970-10-21 ·cited 14×
  The court held that the district court correctly denied the habeas corpus petition without a hearing, as the allegations did not present a federal constitutional question.
• Goitia v. United States
  409 F.2d 524· 1st Cir.· 1969-04-15 ·cited 14×
  The court held that the district court did not abuse its discretion in continuing the trial in absentia, nor was there ineffective assistance of counsel or reversible error in the presentation of the government's case.
• Sciberras v. United States
  404 F.2d 247· 10th Cir.· 1968-12-12 ·cited 14×
  A prisoner serving concurrent sentences can challenge one sentence even if not entitled to immediate release, and allegations of conflict of interest require a hearing.
• Rogers v. State
  212 So. 2d 367· Fla. 1st DCA· 1968-07-09 ·cited 14×
  The court held that joint representation is permissible absent objection or showing of conflict and prejudice.
• Tucker v. Shaw
  378 F.2d 304· 2d Cir.· 1967-05-31 ·cited 14×
  The court held that the union's regularly retained counsel was properly disqualified from representing union officers in a suit alleging breaches of fiduciary duty under the LMRDA, even if the claims involved welfare funds.
• Mickey E. Vanater v. Otto C. Boles
  377 F.2d 898· 4th Cir.· 1967-05-24 ·cited 14×
  The court held that a guilty plea waives non-jurisdictional defects, including potential conflicts of interest in counsel representation, and that the petitioner failed to prove his plea was involuntary.
• Wilshire OIL Co. OF Tex. v. Riffe
  381 F.2d 646· 10th Cir.· 1967-01-05 ·cited 14×
  The court held that a corporate officer's indirect acquisition of a beneficial interest in a competitor through trusts for his children, despite his employment contract prohibiting direct competition and his misrepresentations, constitutes a breach of his fiduciary duty and emplo
• Bryant Williams Bowles, Jr. v. The State OF Tex.
  366 F.2d 734· 5th Cir.· 1966-09-19 ·cited 14×
  The court held that the sheriff's contact with the jury, the prosecution's alleged suppression of evidence, and the denial of a continuance did not violate the appellant's constitutional rights.
• Udall v. Littell
  366 F.2d 668· D.C. Cir.· 1966-09-02 ·cited 14×
  The Secretary of the Interior has the inherent statutory power to administratively cancel a contract with a tribe's General Counsel for cause, and the admitted unauthorized use of tribal staff attorneys on contingent fee cases constituted sufficient cause.
• Cradock v. Cooper
  123 So. 2d 256· Fla. 2d DCA· 1960-09-21 ·cited 14×
  A purchaser of real property appealed from a decree granting the sellers an equitable lien for half the loss of escrowed funds that were misappropriated by the sellers' attorney acting as escrow agent. The court reversed, holding that the sellers' attorney was the agent of the se
• Schwartz v. Mills
  192 F.2d 727· 2d Cir.· 1951-11-15 ·cited 14×
  The court held that a claimant corporation, despite shared ownership with the bankrupt, was not disqualified from voting its claim under § 44(a) of the Bankruptcy Act, and its proof of claim was sufficient for voting purposes.
• Silbiger v. Prudence Bonds Corp.
  180 F.2d 917· 2d Cir.· 1950-03-07 ·cited 14×
  The court held that while attorneys must not represent conflicting interests, the penalty of forfeiture of fees may be mitigated in corporate reorganizations when the client is adequately protected and the fee does not come from the prejudiced party. It also held that clients tra
• Swope v. McDonald
  173 F.2d 852· 9th Cir.· 1949-04-05 ·cited 14×
  The court held that the petitioner was not denied effective assistance of counsel, as the alleged conflict of interest was not genuine and counsel provided competent representation.
• Atkinson v. New Britain Mach. Co.
  154 F.2d 895· 7th Cir.· 1946-04-09 ·cited 14×
  A "dollar-a-year" government employee cannot receive commissions from a private company on sales made to the government, even if they claim to have refrained from influencing the sale, as such an arrangement is against public policy.
• Kaplan v. Divosta Homes, L.P.
  20 So. 3d 459· Fla. 2d DCA· 2009-11-04 ·cited 13×
  The Kaplans sought to disqualify opposing counsel in a toxic mold personal injury case, arguing conflicts of interest arising from the firm's concurrent representation in an unrelated probate matter. The Florida appellate court denied the petition, holding that disqualification r
• Lackey v. Bridgestone/Firestone, Inc.
  855 So. 2d 1186· Fla. 3d DCA· 2003-10-08 ·cited 13×
  The court held that an attorney can recover fees under a contingent fee agreement even if it contains unenforceable clauses, provided the fee-generating clauses are valid, and that attorneys without a written agreement are only entitled to fees on a quantum meruit basis.
• Smith v. State
  845 So. 2d 937· Fla. 5th DCA· 2003-04-25 ·cited 13×
  Michael Smith appealed the denial of his motion to withdraw his no contest plea to a violation of probation, arguing he lacked conflict-free counsel at the hearing. The Florida Fifth District Court of Appeal held that when a conflict of interest arises between a defendant and his
• THE Florida BAR v. Wilson
  714 So. 2d 381· Fla.· 1998-04-16 ·cited 13×
  The Florida Bar disciplined attorney David Wilson III for representing a party with materially adverse interests to a former client in a marital dissolution proceeding and for filing a recusal motion after being orally disqualified. The Florida Supreme Court approved the referee'
• Kinney v. Shinholser
  663 So. 2d 643· Fla. 5th DCA· 1995-09-22 ·cited 13×
  George Kinney appealed the dismissal of his malpractice complaint against his parents' attorneys and accountant, alleging they failed to advise his mother of tax consequences involving a general power of appointment that resulted in $320,000 in additional estate taxes. The court
• Spaziano v. State
  660 So. 2d 1363· Fla.· 1995-09-08 ·cited 13×
  Joseph Robert Spaziano, a death row inmate, filed multiple motions following a fifth death warrant, including out-of-time motions for rehearing and supplemental affidavits containing a recantation by the prosecution's key witness. The Florida Supreme Court treated these procedura
• Balda v. Sorchych
  616 So. 2d 1114· Fla. 5th DCA· 1993-04-09 ·cited 13×
  Balda and Medicomp sought a writ of certiorari to disqualify the law firm representing Sorchych in a breach of oral contract action, arguing the firm had previously represented Balda in divorce and bankruptcy proceedings and thus possessed confidential information. The court deni
• In re BH & P Inc.
  949 F.2d 1300· 3d Cir.· 1991-12-05 ·cited 13×
  The court held that it had appellate jurisdiction over the district court's order, but the dissenting judge disagreed with the majority's conclusion that the bankruptcy court did not abuse its discretion in removing the trustee and counsel.
• Burden v. Zant
  498 U.S. 433· U.S.· 1991-02-19 ·cited 13×
  The Court held that the Court of Appeals erred by failing to give a presumption of correctness to a state-court factual finding regarding a grant of immunity, in violation of 28 U.S.C. § 2254(d).
• Wash. Post Co. v. U.S. Dep't OF Health & Human Servs.
  865 F.2d 320· D.C. Cir.· 1989-01-06 ·cited 13×
  The court held that a genuine issue of material fact exists regarding whether disclosure of financial disclosure forms would impair the government's ability to obtain necessary information, precluding summary judgment.
• Tews Funeral Home, Inc. v. Ohio Cas. Ins. Co.
  832 F.2d 1037· 7th Cir.· 1987-11-02 ·cited 13×
  An insurer has a duty to defend its insured against claims that are potentially within the scope of coverage, even if the claims involve intentional conduct, especially when the policy language is ambiguous.
• United States v. Levine
  794 F.2d 1203· 7th Cir.· 1986-06-30 ·cited 13×
  A defendant can waive their right to effective assistance of counsel, even when facing a conflict of interest, provided the waiver is knowing, voluntary, and intelligent.
• United States v. Auerbach
  745 F.2d 1157· 8th Cir.· 1984-10-01 ·cited 13×
  The court held that a minimal showing of an actual conflict of interest adversely affecting counsel's performance is sufficient to establish a Sixth Amendment violation, even if the issue was not raised at trial.
• Farber v. Servan Land Co., Inc.
  662 F.2d 371· 5th Cir.· 1981-11-30 ·cited 13×
  Directors who preempt a corporate opportunity are liable for damages, even if their actions ultimately benefited the corporation or were subsequently ratified by interested parties.
• Glueck v. Jonathan Logan, Inc.
  653 F.2d 746· 2d Cir.· 1981-07-06 ·cited 13×
  A law firm representing a trade association may be disqualified from representing an individual client suing a corporation that is a member of that association, if there is a substantial relationship between the lawsuit and the firm's representation of the association.
• Greene v. The Singer Co.
  461 F.2d 242· 3d Cir.· 1972-03-13 ·cited 13×
  The court denied the petition for rehearing en banc, meaning the prior panel decision stands.
• Carlson v. Nelson
  443 F.2d 21· 9th Cir.· 1971-05-14 ·cited 13×
  The Ninth Circuit held that joint representation of co-defendants does not require relief unless an actual conflict of interest is demonstrated, not merely speculated upon.
• Taylor v. State
  87 So. 3d 749· Fla.· 2012-03-08 ·cited 12×
  William Kenneth Taylor, convicted of first-degree murder and sentenced to death, appealed the denial of his rule 3.851 postconviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the postconviction court's rejection of his ineffective assista
• THE Florida BAR v. Berthiaume
  78 So. 3d 503· Fla.· 2011-11-08 ·cited 12×
  The Florida Bar disciplined attorney Michelle Erin Berthiaume for creating and mailing a fraudulent subpoena to a bank in an attempt to obtain her client's financial records without legal authority. The Florida Supreme Court found her guilty of violating rules prohibiting dishone
• The State of Fla. & Off. of Crim. Conflict & Civil Reg'l Counsel v. Public Defender
  12 So. 3d 798· Fla. 3d DCA· 2009-05-13 ·cited 12×
  The Florida District Court of Appeal reversed an order permitting the Public Defender for the Eleventh Judicial Circuit (PD11) to decline representation in all future third-degree felony cases based on excessive caseload. The court held that withdrawal decisions must be made on a
• The Event Firm, LLC v. Augustin
  985 So. 2d 1174· Fla. 3d DCA· 2008-07-02 ·cited 12×
  The Event Firm, LLC sought certiorari review of a trial court order disqualifying its counsel without an evidentiary hearing. The appellate court held that when material facts regarding an attorney-client relationship are disputed, a trial court must conduct an evidentiary hearin
• Silva v. Miller
  547 F. Supp. 2d 1299· S.D. Fla.· 2008-04-07 ·cited 12×
  The court held that it must review all Fair Labor Standards Act (FLSA) settlements, including attorney's fees, to ensure they are fair and reasonable, even if the plaintiff recovers all wages owed.
• Carmona v. State
  873 So. 2d 348· Fla. 5th DCA· 2004-03-05 ·cited 12×
  Appellant challenged a trial court's denial of his motion to withdraw guilty pleas to three counts, arguing the court erred by failing to appoint conflict-free counsel. The Florida Fifth District Court of Appeal affirmed, holding that no patent conflict of interest existed betwee
• THE Florida BAR v. Neiman
  816 So. 2d 587· Fla.· 2002-05-02 ·cited 12×
  The Florida Bar sought to enjoin Brian Neiman, a convicted felon without a license to practice law, from engaging in the unlicensed practice of law. The court approved the referee's findings that Neiman extensively engaged in the practice of law by holding himself out as an attor
• Reardon v. State
  715 So. 2d 348· Fla. 4th DCA· 1998-08-12 ·cited 12×
  A trial court must grant a public defender's motion to withdraw when the public defender certifies a conflict of interest due to representing multiple clients with adverse interests, as per section 27.53(3), Florida Statutes.
• THE Florida BAR v. Laing
  695 So. 2d 299· Fla.· 1997-04-24 ·cited 12×
  The Florida Bar disciplined attorney Robert Scott Laing for multiple professional conduct violations spanning six counts, including mishandling client funds, conflicts of interest, dishonesty, and criminal conduct. The Florida Supreme Court affirmed the referee's findings of guil
• Keesee v. Keesee
  675 So. 2d 655· Fla. 5th DCA· 1996-06-14 ·cited 12×
  Willard Keesee appealed from a final judgment of dissolution of marriage in which the trial court awarded primary residential custody of the parties' two minor children to Karen Keesee and established a visitation schedule for Willard. The Fifth District Court of Appeal affirmed,
• Arthur v. Gibson
  654 So. 2d 983· Fla. 5th DCA· 1995-04-28 ·cited 12×
  Richard Keith Arthur appealed a trial court's denial of his motion to disqualify opposing counsel based on an alleged conflict of interest. The appellate court concluded the appeal was not cognizable under the applicable rule and treated it as a petition for writ of certiorari, w