Conflict Of Interest

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

• Hewko v. Gary S. Genovese, Gary S. Genovese, P.A.
  739 So. 2d 1189· Fla. 4th DCA· 1999-07-28 ·cited 9×
  In this legal malpractice case, the estate of Marjorie Leland appeals a directed verdict for attorney Genovese, who represented the insurance company (UCIC) in handling claims arising from an automobile accident. The court affirmed, holding that Leland failed to establish she was
• THE Florida BAR v. Vining
  721 So. 2d 1164· Fla.· 1998-12-17 ·cited 9×
  The Florida Bar disciplined attorney Edward Vining for continuing to represent a client after being discharged and while the client was suing his professional association for unpaid rent. The Florida Supreme Court affirmed a six-month suspension for violations of rules requiring
• Schwarz v. Kogan
  132 F.3d 1387· 11th Cir.· 1998-01-12 ·cited 9×
  Thomas Rowe Schwarz, a Florida attorney, challenged Rule 4-6.1 of the Rules Regulating the Florida Bar, which requires Bar members to report annually whether they have complied with aspirational pro bono service goals (either 20 hours of legal services to the poor or a $350 contr
• Maria B. Tunner, M.D. v. Foss
  655 So. 2d 1151· Fla. 5th DCA· 1995-04-21 ·cited 9×
  The court held that the pre-suit notice requirements for medical malpractice suits apply even when the alleged conduct involves intentional deprivation of care due to economic self-interest.
• THE Florida BAR v. Hans C. Feige
  596 So. 2d 433· Fla.· 1992-02-13 ·cited 9×
  The Florida Bar disciplined attorney Hans Feige for assisting his client Whalen in defrauding her ex-husband Gale by continuing to accept alimony payments after Whalen remarried, an event that terminated her alimony obligation. Feige retained the $4,200 in fraudulently obtained p
• United States v. Straughter
  950 F.2d 1223· 6th Cir.· 1991-11-14 ·cited 9×
  The court affirmed all convictions and sentences, holding that while the warrantless entry into the Karenway apartment violated the Fourth Amendment, the subsequent search warrant was based on independent information, rendering the evidence admissible. Other challenges regarding
• Eley v. Boeing Co.
  945 F.2d 276· 9th Cir.· 1991-09-19 ·cited 9×
  The court held that the district court applied the proper standard of review (abuse of discretion) and that the plan administrator's interpretation of 'diagnostic test' to include a Pap test did not clearly conflict with the plan's plain language.
• Brent v. Smathers
  529 So. 2d 1267· Fla. 3d DCA· 1988-08-23 ·cited 9×
  Maxine Brent, a co-trustee and personal representative of an estate, sued her co-trustee George Smathers for breach of fiduciary duty. The law firm representing both parties sought to continue representing Smathers and other beneficiaries against Brent. The court held that the fi
• Gordon v. Norman
  788 F.2d 1194· 6th Cir.· 1986-04-23 ·cited 9×
  The court held that the defendants failed to demonstrate prejudice from their attorney's alleged conflict of interest and that federal law governs the award of punitive damages, not state law regarding financial condition evidence.
• Turner v. Verne ORR
  785 F.2d 1498· 11th Cir.· 1986-04-07 ·cited 9×
  In a Title VII racial discrimination case at Eglin Air Force Base, the Eleventh Circuit affirmed the district court's award of attorneys' fees to counsel for the Plaintiffs' Monitoring Committee (PMC) for representing individual claimants who did not prevail on their consent judg
• In re "agent Orange" Product Liability Litigation
  800 F.2d 14· 2d Cir.· 1986-04-03 ·cited 9×
  The court held that traditional attorney disqualification rules should not be mechanically applied in class action settlement disputes, and the motion to disqualify counsel was denied.
• Hill v. State
  467 So. 2d 695· Fla.· 1985-04-04 ·cited 9×
  The Florida Supreme Court held that when a trial court delays a defendant's trial beyond the 180-day speedy trial period due to the defendant's own defense counsel's withdrawal and necessary continuance, the defendant waives speedy trial protection and is not entitled to discharg
• Smith v. Whatcott
  757 F.2d 1098· 10th Cir.· 1985-03-25 ·cited 9×
  A law firm must be disqualified if an attorney formerly representing a client joins the firm and the matters are substantially related, unless effective screening mechanisms were in place to prevent information flow.
• Morrissey v. Segal
  526 F.2d 121· 2d Cir.· 1975-11-14 ·cited 9×
  Attorney fees for legal services performed for trustees should not be paid from union funds because their personal interests conflicted with their fiduciary duties.
• Betonie v. Captain W. G. Sizemore
  496 F.2d 1001· 5th Cir.· 1974-07-05 ·cited 9×
  The Sixth Amendment's guarantee of assistance of counsel protects enlisted military personnel brought before summary courts-martial in cases that may result in imprisonment.
• Nunn v. Wilson
  371 F.2d 113· 9th Cir.· 1967-01-17 ·cited 9×
  The court held that the appellant's repeated attempts to delay trial and secure counsel, despite ample opportunity and warnings, constituted a waiver of his right to counsel, and that his waiver of a jury trial was intelligent.
• In re TMT Trailer Ferry, Inc. v. Anderson
  334 F.2d 118· 5th Cir.· 1964-06-08 ·cited 9×
  A trustee's potential future employment with a reorganized company does not automatically disqualify them or vitiate the plan, but their disinterestedness must be maintained.
• Young v. State
  189 So. 3d 956· Fla. 2d DCA· 2016-03-30 ·cited 8×
  Michael Young petitioned for a writ of certiorari challenging the trial court's order denying his public defender's motion to withdraw based on a conflict of interest. The court held that the trial court departed from the essential requirements of law by inquiring into privileged
• Smith v. Smith
  199 So. 3d 911· Fla. 4th DCA· 2016-03-02 ·cited 8×
  Glenda Martinez Smith appeals the annulment of her marriage to J. Alan Smith, who was judicially declared incompetent and had his right to marry restricted to require court approval. The Florida appellate court affirms the annulment, holding that a marriage entered into without t
• Kormondy v. Sec'y, Fla. Dep't OF Corr.
  688 F.3d 1244· 11th Cir.· 2012-07-31 ·cited 8×
  Johnny Shane Kormondy, a Florida death row inmate convicted of murder during a 1994 trial, appealed the district court's denial of his habeas corpus petition. The case involved two penalty phases: the original 1994 proceeding, which resulted in a death sentence, and a 1999 resent
• Howard v. Hartford Life & Accident Ins.
  769 F. Supp. 2d 1366· M.D. Fla.· 2011-03-14 ·cited 8×
  The court held that summary judgment was premature because the plaintiff had not had an adequate opportunity for discovery, and granted the plaintiff's motion to defer adjudication of the summary judgment motion.
• Zayas-Bazan v. Marcelin
  40 So. 3d 870· Fla. 3d DCA· 2010-07-21 ·cited 8×
  A shareholder of Forex Consulting Corp. sued other shareholders and officers; the defendants moved to disqualify plaintiff's counsel after 2.5 years of litigation, claiming the counsel previously represented the corporation in a conflicted matter. The appellate court granted cert
• THE Florida BAR v. Shankman
  41 So. 3d 166· Fla.· 2010-07-08 ·cited 8×
  The Florida Bar brought a disciplinary action against attorney Richard Stuart Shankman for professional misconduct in his representation of a teenage client in a videotape case. The Florida Supreme Court affirmed findings of guilt on most counts, reversed on others, rejected the
• Hagopian v. Just. Admin. Comm'n
  18 So. 3d 625· Fla. 2d DCA· 2009-08-12 ·cited 8×
  Gregory Hagopian, a Florida attorney involuntarily appointed to represent an indigent defendant in a complex Florida RICO prosecution, sought to withdraw from the case. The court quashed the trial court's denial of withdrawal, holding that Hagopian established good cause under th
• Sec. & Exch. Comm'n v. K.W. Brown & Co.
  555 F. Supp. 2d 1275· S.D. Fla.· 2008-01-04 ·cited 8×
  The court found the defendants liable for violations of federal securities laws, including anti-fraud and books and records provisions, due to a cherry-picking scheme and misleading disclosures.
• Garcia v. State
  949 So. 2d 980· Fla.· 2006-11-09 ·cited 8×
  Henry Garcia, sentenced to death for the brutal 1983 murders of two elderly sisters, appeals the denial of his Rule 3.850 motion for postconviction relief and petitions for habeas corpus. The Florida Supreme Court affirms the denial of postconviction relief and denies the habeas
• Tallahassee Mem'l Reg'l Med. Ctr., Inc. v. Petersen
  920 So. 2d 75· Fla. 1st DCA· 2006-01-17 ·cited 8×
  Tallahassee Memorial Regional Medical Center sought a writ of certiorari to review a trial court's denial of its motion to appoint a guardian ad litem for a minor child whose parents rejected a guaranteed administrative award under Florida's Birth-Related Neurological Compensatio
• Brittany and Marquis Wiggins v. The Est. OF April Brown Wright
  786 So. 2d 1247· Fla. 5th DCA· 2001-06-15 ·cited 8×
  This case concerns the distribution of attorney's fees from a wrongful death settlement. The appellate court affirmed the lower court's decision that the estate's attorney was entitled to his full contingency fee, and that the attorney for the deceased's minor children from a pre
• ST. Johns Cnty. v. Smith
  766 So. 2d 1097· Fla. 5th DCA· 2000-08-11 ·cited 8×
  St. Johns County seeks certiorari review of a circuit court order that directed the County Commission to approve a PUD modification allowing a solid waste transfer facility. The District Court of Appeal reverses, holding that the circuit court erred in considering evidence outsid
• Robinson v. State
  750 So. 2d 58· Fla. 2d DCA· 1999-08-20 ·cited 8×
  The court held that it could not grant the petition because the incomplete record made it impossible to determine if the county court departed from the essential requirements of law.
• Chatmon v. State
  738 So. 2d 970· Fla. 2d DCA· 1999-06-23 ·cited 8×
  The court held that the trial court abused its discretion in denying the motion for a new trial due to the State's belatedly disclosed witness and resulting prejudice to the defendant.
• Thomas v. State
  725 So. 2d 1171· Fla. 5th DCA· 1998-12-18 ·cited 8×
  Larry Thomas appeals his conviction for firearm-related crimes, armed burglary, and robbery. While the court rejects his arguments regarding a judgment of acquittal and witness prejudice, it expresses concern about the trial court's denial of defense counsel's motion to withdraw
• Crowe v. State
  701 So. 2d 431· Fla. 5th DCA· 1997-11-14 ·cited 8×
• In re The Est. of John Montanez v. Crockett, Franklin & Chasen, P.A.
  687 So. 2d 943· Fla. 3d DCA· 1997-02-12 ·cited 8×
  The Florida District Court of Appeal reversed multiple probate court decisions regarding the estate of John Montanez, holding that Comprehensive Personal Care Services was not legally qualified to serve as personal representative, that the settlement it negotiated with the nursin
• THE Florida BAR v. McATEE
  674 So. 2d 734· Fla.· 1996-05-30 ·cited 8×
  The Florida Supreme Court disbarred attorney James R. McAtee for cumulative professional misconduct, including practicing law during suspension, multiple violations of professional conduct rules in bankruptcy representation, and a pattern of disciplinary violations. The decision
• Ursula Bachinger v. Sunbank/South Fla., N.A.
  675 So. 2d 186· Fla. 4th DCA· 1996-05-29 ·cited 8×
  The Fourth District Court of Appeal reversed a trial court's order striking objections filed by alleged heirs and beneficiaries to a guardian's petition for final discharge, holding that relatives and beneficiaries of a deceased ward have standing to object to guardianship accoun
• Garner v. Reed Somberg
  672 So. 2d 852· Fla. 3d DCA· 1996-03-27 ·cited 8×
  Brian Garner sought certiorari review to disqualify attorney Reed Somberg from representing the guardian of Garner's wife based on an alleged prior attorney-client consultation. The court granted the petition, holding that once an attorney-client relationship is established, an i
• THE Florida BAR v. Charnock
  661 So. 2d 1207· Fla.· 1995-10-26 ·cited 8×
  The Florida Supreme Court disciplined attorney William T. Charnock III for creating a sham tenancy arrangement to delay a writ of possession and for testifying untruthfully during the disciplinary proceeding. The Court suspended Charnock for thirty days rather than the ninety day
• THE Florida BAR v. Jasperson
  625 So. 2d 459· Fla.· 1993-10-07 ·cited 8×
  The Florida Bar disciplined attorney Mark Douglas Jasperson for multiple ethical violations across nine counts involving client representation and advertising. The Florida Supreme Court approved the referee's findings and suspended Jasperson from practice for one year, finding he
• Winokur v. State
  605 So. 2d 100· Fla. 4th DCA· 1992-08-05 ·cited 8×
  The court held that a defective information containing a period when the statute was not in effect was a procedural defect, not grounds for dismissal absent prejudice, and that defendants effectively waived any conflict of interest claim. A plea bargain conditioning acceptance on
• United States v. Greig
  967 F.2d 1018· 5th Cir.· 1992-07-23 ·cited 8×
  The court held that the trial court erred by failing to conduct a Garcia hearing when it was aware of an actual conflict of interest involving Greig's counsel, which adversely affected counsel's performance, thus violating Greig's Sixth Amendment right to effective assistance of
• Martin v. Feilen
  965 F.2d 660· 8th Cir.· 1992-06-03 ·cited 8×
  The court held that while defendants breached ERISA fiduciary duties in certain transactions involving the ESOP's assets, the Secretary failed to prove that all corporate transactions causing FMC's demise were subject to ERISA's fiduciary standards. The court also found that the
• Lewis v. Huch
  964 F.2d 670· 7th Cir.· 1992-05-20 ·cited 8×
  The court affirmed the denial of the habeas petition, holding that the petitioner knowingly and intelligently waived her right to conflict-free counsel and that the trial court's actions did not violate her due process rights.
• Borges v. OUR Lady OF THE SEA Corp.
  935 F.2d 436· 1st Cir.· 1991-06-10 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion to disqualify counsel, striking the testimony of a witness due to the absence of an interpreter, or in its application of prejudgment interest on past damages. However, prejudgment interest
• Roberts v. State
  573 So. 2d 964· Fla. 2d DCA· 1991-01-23 ·cited 8×
  Arthur Roberts appealed the denial of his postconviction motion claiming ineffective assistance of trial counsel based on his attorney's dual representation of both him and his wife in a drug trafficking case. The court affirmed the denial, holding that while dual representation
• Melvyn Jack Rosenwald v. United States
  898 F.2d 585· 7th Cir.· 1990-04-02 ·cited 8×
  The court held that an evidentiary hearing is necessary to determine if the attorney's simultaneous representation of a government witness created an actual conflict of interest that adversely affected his performance.
• Blanton v. State
  561 So. 2d 587· Fla. 2d DCA· 1989-06-30 ·cited 8×
  In this appeal, the Florida District Court of Appeal addresses pro se appellant Blanton's motions to supplement the trial record with transcripts of bond and pretrial hearings, and his request for a six-month extension to file his brief. The court denied the supplementation motio
• Cerro v. United States
  872 F.2d 780· 7th Cir.· 1989-04-18 ·cited 8×
  The court held that the defendant failed to demonstrate an actual conflict of interest that adversely affected his counsel's performance, nor did the judge, prosecutor, or counsel fail in their duties regarding potential conflicts.
• State v. Cote
  538 So. 2d 1356· Fla. 5th DCA· 1989-02-23 ·cited 8×
  The Florida Supreme Court's Fifth District reversed a trial court's order disqualifying an entire State Attorney's Office from prosecuting a first-degree murder defendant based solely on the appearance of impropriety, holding that absent actual prejudice or the attorney's partici
• United States v. Mazzaferro
  865 F.2d 450· 1st Cir.· 1989-01-23 ·cited 8×
  The court held that the defendant was not denied effective assistance of counsel due to joint representation, as no actual conflict of interest adversely affected his lawyer's performance. However, the court remanded for resentencing due to concerns about potential vindictiveness