Conflict Of Interest

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

• SAN Jose Prod. Credit Ass'n v. OLD Republic Life Ins. Co.
  723 F.2d 700· 9th Cir.· 1984-01-12 ·cited 11×
  The court held that Old Republic breached the hold harmless agreement but not the implied covenant of good faith and fair dealing. Therefore, compensatory damages for contract breach are affirmed, but attorneys' fees and punitive damages related to the tort claim are reversed.
• Fitzpatrick v. Honorable C. McFerrin Smith
  432 So. 2d 89· Fla. 5th DCA· 1983-04-20 ·cited 11×
  The court held that the State Attorney's office, like a public defender's office, is considered a single 'law firm' for disqualification purposes under Canon 5 of the Code of Professional Responsibility.
• In re Grand Jury Investigation. Roy Dan Jackson v. United States
  696 F.2d 449· 6th Cir.· 1982-12-28 ·cited 11×
  A violation of 26 U.S.C. § 6103 is not, in itself, just cause for refusing to testify before a grand jury, nor are conclusory allegations of misconduct sufficient to warrant court intervention.
• Zerweck v. State
  409 So. 2d 57· Fla. 4th DCA· 1982-01-06 ·cited 11×
  John Zerweck, a Margate city commissioner and former mayor, was found by the State Commission on Ethics to have violated Florida's Code of Ethics by accepting employment with a company subject to city regulatory oversight. The Fourth District Court of Appeal affirmed the finding,
• Clark v. Lomas & Nettleton Fin. Corp.
  625 F.2d 49· 5th Cir.· 1980-08-28 ·cited 11×
  Corporate directors' conflict of interest, stemming from controlling shareholders' influence, invalidates their authority to compromise shareholder derivative claims, even if the settlement terms appear fair.
• Brown & Williamson Tobacco Corp. v. Daniel Int'l Corp.
  563 F.2d 671· 5th Cir.· 1977-11-18 ·cited 11×
  The court held that affiliated companies with an identity of interests can be represented by the same counsel, even if one impleads the other, as long as no actual conflict of interest exists.
• Parker v. State
  304 So. 2d 478· Fla. 1st DCA· 1974-12-10 ·cited 11×
  The court reversed the trial court's denial of appellant's Rule 3.850 motion without a hearing and remanded for an evidentiary hearing with appointment of conflict-free counsel.
• Womer v. Hampton
  496 F.2d 99· 5th Cir.· 1974-06-17 ·cited 11×
  Due process does not require advance notice or specific warnings before federal supervisory officials confront a government employee with allegations of job-related improprieties in an investigatory proceeding.
• Commercial Nat. Bank in Shreveport v. Parsons
  145 F.2d 191· 5th Cir.· 1944-10-28 ·cited 11×
  The court held that interest charged on a note without principal debt was improper, tax savings from using pledged property belonged to the pledgor, and the case required further findings on compensation for administering certain assets.
• THE Mineo Salcedo LAW Firm. P.A. v. Loly Cesard and Yanite Jean
  333 So. 3d 222· Fla. 4th DCA· 2022-01-12 ·cited 10×
  The appellate court reversed a trial court's denial of an attorney's charging lien, finding that factual questions remained regarding whether the law firm's withdrawal from representation was voluntary or involuntary due to a client's Bar complaint. The case was remanded for furt
• Smith v. State
  156 So. 3d 1119· Fla. 1st DCA· 2015-02-17 ·cited 10×
  Two capital murder defendants challenged the trial court's denial of their public defender's motion to withdraw based on a conflict of interest. The appellate court quashed the trial court's orders, holding that when a public defender certifies a conflict exists but cannot disclo
• Yang Enters., Inc. v. Mavis Georgalis
  988 So. 2d 1180· Fla. 1st DCA· 2008-08-07 ·cited 10×
  Yang Enterprises and its principals sought a writ of certiorari to disqualify opposing counsel at Broad and Cassel law firm, claiming a conflict of interest because the firm had previously represented them in estate planning. The court affirmed the trial court's denial of the dis
• First Union Nat'l Bank v. Turney
  839 So. 2d 774· Fla. 1st DCA· 2003-02-06 ·cited 10×
  First Union National Bank appeals an attorney's fees award to Helen J. Turney, a trust beneficiary who prevailed in a breach of fiduciary duty action. The court affirms, holding that because the bank's fraudulent concealment of material facts continued after the October 1, 1993 e
• Vick v. Bailey
  777 So. 2d 1005· Fla. 2d DCA· 2000-12-20 ·cited 10×
  The court granted certiorari review of a trial court order disqualifying an attorney in a guardianship proceeding, finding that the attorney's representation of the Ward and an interested person did not create conflicting interests requiring disqualification.
• Ugo Columbo v. Puig
  745 So. 2d 1106· Fla. 3d DCA· 1999-12-08 ·cited 10×
  Columbo sought a writ of certiorari challenging the trial court's disqualification of his counsel, Burstyn, from representing him. The court held that while Rule 4-3.7 prohibits a lawyer from acting as an advocate at trial when likely to be a necessary witness, it does not prohib
• Leslie v. State
  720 So. 2d 559· Fla. 4th DCA· 1998-09-09 ·cited 10×
  The Fourth District Court of Appeal held that when a public defender certifies a conflict of interest, the trial court lacks discretion to deny the public defender's motion to withdraw and must grant it. The court reversed the trial court's order denying the motion to withdraw co
• Gaines v. State
  706 So. 2d 47· Fla. 5th DCA· 1998-01-23 ·cited 10×
  The court held that the trial court was not required to conduct a Nelson inquiry because the defendant did not allege ineffective assistance of counsel, and that sufficient evidence of constructive possession existed to deny the motion for judgment of acquittal.
• In re Amendment TO Fla. Rules OF Crim. Procedure Cap. Postconviction Pub. Records Production-Rule 3.852
  700 So. 2d 680· Fla.· 1997-10-20 ·cited 10×
  The court concurs that tolling is required due to reorganization but mandates that progress plans be developed for post-conviction cases.
• Freund v. Butterworth
  117 F.3d 1543· 11th Cir.· 1997-07-16 ·cited 10×
  John Freund was convicted of first-degree murder in a Florida state court and sentenced to life imprisonment. Freund's defense counsel, the law firm of Foley, Colton and Duncan, labored under significant conflicts of interest that prevented effective representation. The law firm
• THE Florida BAR v. Cyrus A. COX
  655 So. 2d 1122· Fla.· 1995-06-01 ·cited 10×
  The Court approved the referee's recommendation for a thirty-day suspension, finding substantial competent evidence supported the findings of guilt and the recommended sanction.
• Brake v. Eve E. Murphy
  636 So. 2d 72· Fla. 3d DCA· 1994-03-22 ·cited 10×
  Eileen Brake, personal representative of an estate, was surcharged for negligence and breach of fiduciary duty. The trial court found her liable for losses including legal expenses from a foreclosure action she filed on estate mortgages. The appellate court affirmed the surcharge
• Richardson v. State
  617 So. 2d 801· Fla. 2d DCA· 1993-04-28 ·cited 10×
  The court held that the trial court erred in summarily denying four claims of ineffective assistance of counsel because they presented a prima facie showing of entitlement to relief, requiring further review or evidentiary hearings.
• United States v. Haren
  952 F.2d 190· 8th Cir.· 1991-12-20 ·cited 10×
  The court affirmed the convictions and sentences of the appellants, finding sufficient evidence for convictions, no reversible error in jury instructions or evidentiary rulings, and no abuse of discretion in sentencing enhancements.
• Swafford v. Singletary
  584 So. 2d 5· Fla.· 1991-08-15 ·cited 10×
  The petition for a writ of habeas corpus is denied because the attorney's involvement was minimal and the petitioner could not have been prejudiced.
• Kahma Jenkins v. The State OF Mo.
  931 F.2d 470· 8th Cir.· 1991-04-22 ·cited 10×
  The court affirmed the district court's orders regarding funding procedures, asbestos abatement costs, monitoring committee operations, cost avoidance calculations, and construction budget increases for Central High School.
• In re The AETNA Cas. & Sur. Co.
  919 F.2d 1136· 6th Cir.· 1990-11-26 ·cited 10×
  A judge must recuse himself if a lawyer in the proceeding is related to the judge within the third degree, even if the lawyer's involvement is minimal or they resign from the firm.
• Burden v. Zant
  903 F.2d 1352· 11th Cir.· 1990-05-29 ·cited 10×
  The court held that the petitioner did not receive ineffective assistance of counsel due to a conflict of interest, nor was his trial fundamentally unfair due to the admission of extrinsic-acts evidence.
• Laurence Adelman v. Adelman
  561 So. 2d 671· Fla. 3d DCA· 1990-05-15 ·cited 10×
  A husband sought to retain a law firm to represent him in a marriage dissolution action on remand, but the firm was disqualified because it also represented the wife's former lawyer in a legal malpractice action arising from the same dissolution case. The court held that the dual
• United States v. Goot
  894 F.2d 231· 7th Cir.· 1990-01-24 ·cited 10×
  The court held that the screening measures employed by the United States Attorney's office were sufficient to prevent the appearance or reality of a conflict of interest arising from the former representation of the defendant by the newly appointed U.S. Attorney, and that the sen
• Webb v. Hodel
  878 F.2d 1252· 10th Cir.· 1989-06-19 ·cited 10×
  The court held that the spouse of a BLM employee did not acquire a prohibited indirect interest in unpatented mining claims solely by virtue of her marriage, and thus the claims could not be voided under the statute and regulations.
• Ins. Benefit Administrators, Inc. v. Martin
  871 F.2d 1354· 7th Cir.· 1989-04-18 ·cited 10×
  The court affirmed the $3,000 sanction for frivolous pleading but reversed and remanded the larger $31,000 sanction due to the district court's failure to specify the legal authority for each imposed penalty.
• Kirkpatrick v. Butler
  870 F.2d 276· 5th Cir.· 1989-04-17 ·cited 10×
  The court held that Kirkpatrick was not denied effective assistance of counsel because, although his attorney's failure to challenge the evidence seized from his apartment was deficient, Kirkpatrick failed to demonstrate that the outcome of the proceeding would have been differen
• Burden v. Zant
  871 F.2d 956· 11th Cir.· 1989-04-10 ·cited 10×
  The court held that the record was inadequate to resolve the conflict of interest claim and remanded for an evidentiary hearing.
• Ozzie K. Cheek v. United States
  858 F.2d 1330· 8th Cir.· 1988-10-11 ·cited 10×
  The court held that a defendant who knowingly and voluntarily waives his right to direct appeal as part of a cooperation agreement cannot later raise claims that could have been raised on direct appeal in a § 2255 motion.
• Simmons v. A.L. Lockhart
  856 F.2d 1144· 8th Cir.· 1988-09-14 ·cited 10×
  The court granted the motion to recall its mandate and petition for rehearing, remanding the case to the District Court for further proceedings on specific constitutional claims.
• Johnson v. State
  522 So. 2d 356· Fla.· 1988-03-07 ·cited 10×
  Larry Joe Johnson, under death warrant, filed a post-conviction motion to vacate his sentence under Florida Rule 3.850, claiming prosecutorial misconduct, judicial bias, and jury confusion regarding murder charges. The Florida Supreme Court affirmed the trial court's summary deni
• THE Florida BAR v. Mayer Gattegno
  509 So. 2d 927· Fla.· 1987-07-09 ·cited 10×
  The Florida Bar disciplined attorney Mayer Gattegno for improperly engaging in multiple representation of clients with conflicting interests and for failing to competently advise a client regarding a confession of judgment. The court approved a consent judgment imposing a public
• Mosier v. A.I. Murphy
  790 F.2d 62· 10th Cir.· 1986-05-05 ·cited 10×
  A guilty plea is not rendered involuntary or the result of ineffective assistance of counsel merely because the plea bargain benefits third parties, such as the defendant's wife and mother-in-law.
• United States v. Lewis
  786 F.2d 1278· 5th Cir.· 1986-04-15 ·cited 10×
  The court held that the defendants were not deprived of their Sixth Amendment rights regarding counsel and that the government's use of redacted grand jury testimony was not erroneous.
• Brewster v. Dukakis
  786 F.2d 16· 1st Cir.· 1986-03-14 ·cited 10×
  The court held that the district court properly rejected defendants' proposed stricter standard for post-judgment monitoring fees but should have allowed limited discovery regarding potential dual compensation for plaintiffs' counsel.
• EZ Paintr Corp. v. Padco, Inc.
  746 F.2d 1459· Fed. Cir.· 1984-10-29 ·cited 10×
  The Eighth Circuit has clearly overruled prior decisions creating an irrebuttable presumption of client confidences being disclosed when counsel switches sides.
• W.L. Gore & Assocs., Inc. v. Int'l Med. Prosthetics Research Assocs., Inc.
  745 F.2d 1463· Fed. Cir.· 1984-10-17 ·cited 10×
  The court held that disqualification of the law firm was proper because the prior representation was substantially related to the current litigation, creating an appearance of impropriety that was not sufficiently rebutted.
• United States v. White
  743 F.2d 488· 7th Cir.· 1984-08-27 ·cited 10×
  The denial of a motion to disqualify a defense attorney in a criminal case due to prior representation of a government witness is not immediately appealable as a collateral order.
• Jefferson Nat'l Bank OF Miami Beach v. Cent. Nat'l Bank IN Chicago
  700 F.2d 1143· 7th Cir.· 1983-02-25 ·cited 10×
  The court held that a claim for damages against a trustee for breach of fiduciary duty, where the beneficiary seeks immediate payment of a determinable sum, is an action at law properly triable by a jury. The statute of limitations does not begin to run until the trustee repudiat
• United States v. Reese
  699 F.2d 803· 6th Cir.· 1983-01-21 ·cited 10×
  The court held that a district court's order disqualifying retained counsel based on an unsubstantiated belief of a conflict of interest, without sufficient inquiry or opportunity for waiver, must be reversed.
• Ware v. King
  694 F.2d 89· 5th Cir.· 1982-12-20 ·cited 10×
  The court held that the petitioner failed to demonstrate an actual conflict of interest by his counsel, and thus, the district court did not err in dismissing his habeas corpus petition.
• In re Fine Paper Antitrust Litig. Appeal of Alco Standard Corp. & certain Indep. Merchs. [Alling & Cory Co.
  695 F.2d 494· 3d Cir.· 1982-12-09 ·cited 10×
  The court held that the class certification order was unambiguous in excluding appellants, and their subsequent motions to join the class or intervene were untimely and lacked standing.
• THE Florida BAR v. Sawyer
  420 So. 2d 302· Fla.· 1982-06-17 ·cited 10×
  The Florida Bar brought disciplinary proceedings against attorney Hugh Sawyer for alleged violations of professional conduct rules. The court found Sawyer engaged in improper solicitation, misrepresented his role in drafted correspondence, failed to hold client funds in trust as
• United States v. Ramirez
  675 F.2d 707· 5th Cir.· 1982-05-12 ·cited 10×
  The court held that a potential conflict of interest by counsel, not raised below, may warrant a remand for an evidentiary hearing to determine if the probationer's actions were willful.
• United States v. Campbell
  675 F.2d 815· 6th Cir.· 1982-04-16 ·cited 10×
  The court held that striking a defendant's entire mental defect defense as punishment for refusing a psychiatric examination exceeds the authority granted by Federal Rule of Criminal Procedure 12.2(d).