Conflict Of Interest

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

• Harris v. Thomas
  341 F.2d 560· 6th Cir.· 1965-02-23 ·cited 8×
  The court held that a city attorney is not per se disqualified to represent a defendant in circuit court, and the petitioner failed to allege facts showing ineffective assistance of counsel.
• Fortner & Perrin, Inc. v. James A. A. Smith in Bankruptcy
  327 F.2d 801· 9th Cir.· 1964-02-12 ·cited 8×
  The court held that the oral presentation of claims in bankruptcy court, without a written instrument filed within the statutory period, does not constitute sufficient compliance with filing requirements, and the referee's and district court's findings of fact were not clearly er
• Thomas E. Moore in Bankruptcy for Charley Delcoure v. United States Fid. & Guar. Co.
  325 F.2d 972· 10th Cir.· 1963-12-18 ·cited 8×
  The court held that the insurer did not act in bad faith by refusing to settle a claim within policy limits, as the insurer's interpretation of the policy was reasonable and supported by the insured's conduct.
• Harvey v. United States
  215 F.2d 330· D.C. Cir.· 1954-07-15 ·cited 8×
  The dissenting judge believes the defendant was denied effective assistance of counsel due to the defense attorney's compromised position.
• Sec. & Exch. Comm'n v. Cogan
  201 F.2d 78· 9th Cir.· 1951-12-15 ·cited 8×
  The court affirmed the district court's order disallowing Cogan's fee, reversing its prior opinion. The court held that Cogan's suggestion of a retainer, which was never acted upon and had no bearing on settlement negotiations, did not constitute a breach of fiduciary duty warran
• In re Woodruff. Jackson v. Lynch
  121 F.2d 152· 9th Cir.· 1941-05-01 ·cited 8×
  The court held that attorneys' fees should not be disallowed solely due to a technical non-disclosure when there was actual disclosure and no adverse interests.
• Inquiry Concerning a Judge
  212 So. 3d 291· Fla.· 2017-03-02 ·cited 7×
  The Florida Supreme Court reviewed a judicial qualifications proceeding against Circuit Judge Andrew J. Decker, III for violations of the Rules of Professional Conduct and Code of Judicial Conduct stemming from his conduct as a private attorney and judicial candidate. The Court f
• State v. Dougan
  202 So. 3d 363· Fla.· 2016-10-20 ·cited 7×
  The Florida Supreme Court affirmed a postconviction court's grant of a new trial for Jacob John Dougan, Jr., who was convicted of a racially motivated 1974 murder and sentenced to death. The court found that the conviction was tainted by a Giglio violation involving false testimo
• Rombola v. Botchey
  149 So. 3d 1138· Fla. 1st DCA· 2014-02-04 ·cited 7×
  An attorney switched firms from representing the defendant in a personal injury case to representing the plaintiff, creating a conflict of interest. The trial court issued a limited disqualification order restricting the attorney's involvement only to trial-level issues, but the
• Howell v. State
  145 So. 3d 774· Fla.· 2013-02-25 ·cited 7×
  Paul Augustus Howell, a death row inmate under an active death warrant, sought post-conviction relief through a second successive motion raising claims of ineffective assistance of counsel and newly discovered mitigating evidence. The Florida Supreme Court affirmed the trial cour
• THE Florida BAR v. Scott
  39 So. 3d 309· Fla.· 2010-06-10 ·cited 7×
  William Sumner Scott was disciplined for professional misconduct arising from his representation of multiple parties with directly adverse interests in a commodities fraud scheme. The Florida Supreme Court approved the referee's guilt findings but increased the recommended suspen
• Armor Screen Corp. v. Storm Catcher, Inc.
  709 F. Supp. 2d 1309· S.D. Fla.· 2010-04-22 ·cited 7×
  An attorney who discusses a case as a potential expert for a party, but is never retained, can be disqualified from later representing the opposing party if confidential information was acquired that creates an unfair disadvantage.
• In re Amendment TO THE Rules Regulating THE Fla. Bar-Rule 4-1.5(F)(4)(B) OF THE Rules OF Prof'l Conduct
  939 So. 2d 1032· Fla.· 2006-09-28 ·cited 7×
  The Florida Supreme Court adopted an amendment to Rule 4-1.5(f)(4)(B) governing attorney fees in medical liability cases, implementing the constitutional requirement from Article I, Section 26 that medical malpractice claimants receive at least 70% of the first $250,000 in damage
• Prudential Ins. Co. of Am. v. Anodyne, Inc.
  365 F. Supp. 2d 1232· S.D. Fla.· 2005-01-27 ·cited 7×
  The court held that a law firm's motion to withdraw as co-counsel must be denied because withdrawal would cause severe prejudice to the existing client, and the court has the authority to order continued representation despite a conflict of interest. The court found that the duty
• Brown v. Brown
  873 So. 2d 601· Fla. 5th DCA· 2004-05-28 ·cited 7×
  Kevin Brown appeals a trial court order apportioning wrongful death settlement proceeds from his deceased daughter's case, arguing the court should have determined what a jury would have awarded rather than making its own allocation. The appellate court affirms the trial court's
• Amendments to Rules Regulating the Florida Bar
  820 So. 2d 210· Fla.· 2002-04-25 ·cited 7×
  The Florida Supreme Court adopted proposed amendments to the Rules Regulating The Florida Bar, which included administrative, editorial, and substantive changes affecting membership classifications, disciplinary procedures, conflict of interest rules, advertising standards, and o
• J & J Towing, Inc. v. Stokes
  789 So. 2d 1196· Fla. 4th DCA· 2001-07-18 ·cited 7×
  The court held that a motion to disqualify a judge was legally sufficient when the judge's wife was represented by the opposing party's counsel in a separate matter.
• Pinardi v. State
  718 So. 2d 242· Fla. 5th DCA· 1998-08-21 ·cited 7×
  Michael Pinardi appeals the denial of his postconviction relief motion, challenging whether ex parte communications by his trial judge constitute automatic structural defects requiring a new trial. The Florida appellate court affirms, holding that ex parte communications do not a
• United States v. Brechtel
  997 F.2d 1108· 5th Cir.· 1993-08-02 ·cited 7×
  The court held that the evidence was insufficient to support Gattuso's convictions on counts two and four, as a rational jury could not find intent to defraud beyond a reasonable doubt based on the presented evidence.
• K & S P'ship v. Cont'l Bank, N.A.
  952 F.2d 971· 8th Cir.· 1991-12-06 ·cited 7×
  The court held that Continental Bank did not provide substantial assistance to Eagle's alleged securities fraud, and thus could not be held liable for aiding and abetting. The court reversed the jury verdict on secondary liability claims and affirmed the judgment notwithstanding
• Smith v. A.L. Lockhart
  923 F.2d 1314· 8th Cir.· 1991-01-15 ·cited 7×
  The court held that the defendant was denied his Sixth Amendment right to counsel at a critical stage of the proceedings, requiring vacation of the magistrate's denial of his habeas corpus petition.
• Garrick v. Weaver
  888 F.2d 687· 10th Cir.· 1989-10-30 ·cited 7×
  The court held that the magistrate did not abuse his discretion in apportioning attorneys' fees on a quantum meruit basis and in managing the settlement funds. The court also held that the mother lacked standing to assert claims on behalf of her children due to the appointment of
• Elliott Assocs. v. J. Henry Schroder Bank & Tr. Co. & Centronics Data Computer Corp.
  838 F.2d 66· 2d Cir.· 1988-02-01 ·cited 7×
  A trustee's duties under an indenture are limited to those expressly provided in the indenture, and absent a conflict of interest, the trustee is not obligated to consider the financial interests of debenture holders beyond those express duties when waiving notice periods.
• Smith v. Parker
  508 So. 2d 1262· Fla. 5th DCA· 1987-05-21 ·cited 7×
  An attorney who withdraws from representation due to a conflict of interest, without further agreement, is not entitled to fees from a subsequent recovery obtained by successor counsel.
• THE Florida BAR v. Ward
  472 So. 2d 1159· Fla.· 1985-07-03 ·cited 7×
  The Florida Bar disciplined attorney Fred J. Ward for professional misconduct arising from his representation of a client in a property sale where a pending appeal affecting the client's title was concealed from the buyer and the buyer's attorney. Ward was found guilty of assisti
• State v. Oliver
  442 So. 2d 1073· Fla. 3d DCA· 1983-12-20 ·cited 7×
  The State appeals a trial court's order vacating a seven-year-old manslaughter conviction and granting a new trial based on ineffective assistance of counsel due to alleged conflict of interest from joint representation. The appellate court reverses, finding no actual conflict of
• Adam Grabski ex rel. Coinbase Global, Inc.
  Del. Ch.· 2026-01-30 ·cited 6×
  In a shareholder derivative action against Coinbase directors and officers for alleged insider trading during the company's direct listing, the Delaware Court of Chancery denied a Special Litigation Committee's (SLC) motion to terminate the lawsuit, finding material disputes rega
• Razin v. A Milestone, LLC
  67 So. 3d 391· Fla. 2d DCA· 2011-08-05 ·cited 6×
  In this LLC governance dispute, the Florida District Court of Appeal addressed whether a managing member could unilaterally retain counsel for the company in litigation against himself. The court held that the operating agreement's control provision gave Razin sole authority to r
• Hannah v. State
  42 So. 3d 951· Fla. 4th DCA· 2010-09-01 ·cited 6×
  Dennis Hannah was convicted of burglary of a conveyance and grand theft after evidence showed he entered an S&S Janitorial Services trailer and removed equipment. The Fourth District reversed his convictions on two independent grounds: the trial court erroneously refused to instr
• Bloye v. State
  28 So. 3d 137· Fla. 2d DCA· 2010-02-05 ·cited 6×
  The appellate court affirmed the trial court's order denying the postconviction motion, finding the trial court's analysis and procedures were appropriate.
• Howard v. State
  17 So. 3d 774· Fla. 2d DCA· 2009-08-07 ·cited 6×
  Johnnie Howard appealed the denial of his Rule 3.850 postconviction relief motion raising thirty-seven claims of ineffective assistance of counsel. The Florida Second District Court of Appeal affirmed the summary denial of most claims but reversed the denial of four facially insu
• Tcherina Duncombe v. Adderly
  991 So. 2d 1013· Fla. 4th DCA· 2008-10-08 ·cited 6×
  Tcherina Duncombe sought attorney's fees for services rendered to her father's estate under Florida statute section 733.106(3). The probate court denied the fees because there was no increase in estate value or demonstration that she carried out the testator's intent. The appella
• TSE Indus., Inc. v. Larson & Larson, P.A.
  987 So. 2d 687· Fla. 2d DCA· 2008-02-01 ·cited 6×
  TSE Industries sued its former patent counsel, Larson & Larson, for legal malpractice stemming from the filing and prosecution of a patent infringement action against Franklynn Industries that resulted in an adverse judgment and sanctions. The trial court granted summary judgment
• Alessi v. State
  969 So. 2d 430· Fla. 5th DCA· 2007-11-09 ·cited 6×
  Timothy Alessi appeals the denial of his postconviction motion alleging ineffective assistance of counsel in his murder conviction. The court affirms all Strickland claims but reverses and remands on one Sullivan conflict-of-interest claim, finding that trial counsel's performanc
• Garces v. Montano
  947 So. 2d 499· Fla. 3d DCA· 2006-12-06 ·cited 6×
  Jorge Garces appeals orders denying his motion to apportion attorney's fees and recover costs from the decedent's minor children's settlement, and orders granting discharge of his attorneys' charging lien and dismissing the case. The court reverses, holding that no conflict of in
• In re Amendments to the Rules Regulating the Florida Bar
  933 So. 2d 417· Fla.· 2006-03-23 ·cited 6×
  The Florida Supreme Court adopted comprehensive amendments to Chapters 4 and 5 of the Rules Regulating the Florida Bar, incorporating changes based on the ABA Model Rules 2002 with certain modifications. The Court modified several proposed rules, rejected others pending further s
• Smorto v. 3DI Techs., Inc.
  393 F. Supp. 2d 1304· M.D. Fla.· 2005-05-23 ·cited 6×
  The court held that Prudential's denial of long-term disability benefits was not arbitrary and capricious, as it had a reasonable basis in the administrative record.
• Donald B. Rudolf, M.D. v. Gray, Harris & Robinson, P.A.
  901 So. 2d 148· Fla. 5th DCA· 2005-02-04 ·cited 6×
  The court held that the law firm did not owe a separate duty to individual shareholders and that any potential conflict of interest was waived by the shareholders.
• Teena Herschowsky v. The Guardianship OF Julius Herschowsky
  890 So. 2d 1246· Fla. 4th DCA· 2005-01-19 ·cited 6×
  Teena Herschowsky, daughter of a ward in a guardianship proceeding, challenged a trial court order disqualifying her attorney, John Fenner, who had previously represented the ward. The appellate court held that prior representation alone does not create a conflict of interest and
• Hufford v. Harris Corp.
  322 F. Supp. 2d 1345· M.D. Fla.· 2004-05-18 ·cited 6×
  The court held that the plan administrator's denial of long-term disability benefits was not arbitrary and capricious, as requiring objective medical evidence is reasonable even if not explicitly stated in the plan.
• Parness v. Metro. Life Ins.
  291 F. Supp. 2d 1347· S.D. Fla.· 2003-08-13 ·cited 6×
  The court held that the heightened arbitrary and capricious standard of review applies to ERISA benefit denials when the plan grants discretion and the administrator has a conflict of interest, and that review is limited to the administrative record.
• Amendments TO Fla. Rules OF Crim. Procedure 3.851
  802 So. 2d 298· Fla.· 2001-09-26 ·cited 6×
  The Florida Supreme Court adopted amendments to Florida Rules of Criminal Procedure 3.851 and 3.852, governing capital postconviction proceedings. The amendments, effective October 1, 2001, modify procedures for appointment of counsel, public records production, case management t
• Bible v. State
  779 So. 2d 517· Fla. 2d DCA· 2000-12-08 ·cited 6×
  A defendant is entitled to conflict-free counsel when his attorney must defend himself against the defendant's allegations of coercion regarding a plea.
• THE Fla. BAR re Walter Benton Dunagan
  775 So. 2d 959· Fla.· 2000-11-30 ·cited 6×
  The Florida Supreme Court reinstated attorney Walter Benton Dunagan to the practice of law following a 91-day suspension, rejecting the referee's recommendation to deny reinstatement but imposing a one-year probationary period. The Court found certain factual findings unsupported
• Rodriguez v. State
  767 So. 2d 621· Fla. 4th DCA· 2000-09-20 ·cited 6×
  Rodriguez sought certiorari to quash the trial court's order denying his public defender's motion to withdraw based on a conflict of interest. The court granted the petition, holding that when a former client of the public defender's office is both a victim and a prosecution witn
• THE Florida BAR v. Brake
  767 So. 2d 1163· Fla.· 2000-09-07 ·cited 6×
  The Florida Bar disciplined attorney Eileen Brake for ethical violations arising from her service as personal representative of her mother's estate and her husband's legal representation of her in that role. The Supreme Court found violations of ethical rules based on conflicts o
• Stoudimire v. State
  760 So. 2d 985· Fla. 5th DCA· 2000-06-07 ·cited 6×
  James Stoudimire sought certiorari review of a trial court's denial of the public defender's motion to withdraw due to a conflict of interest. The court granted the petition, holding that the public defender had a prejudicial conflict because it simultaneously represented Stoudim
• Luton v. Prudential Ins. Co. of Am.
  88 F. Supp. 2d 1364· S.D. Fla.· 2000-03-23 ·cited 6×
  The court held that the term 'mental, psychoneurotic or personality disorder' in the disability plan is ambiguous, and construing it against the insurer, plaintiff's interpretation that his depression is physically based is reasonable, entitling him to benefits.
• Boca Invs. Grp., Inc. v. Irwin Potash
  728 So. 2d 825· Fla. 3d DCA· 1999-03-24 ·cited 6×
  The court quashed a disqualification order against plaintiff's counsel because the trial court failed to hold an evidentiary hearing to determine whether a presuit meeting with defendants constituted a mere job interview or created an attorney-client relationship requiring disqua
• In re Amendments to the Fla. Fam. Law Rules of Procedure (self Help)
  725 So. 2d 365· Fla.· 1998-12-03 ·cited 6×
  The Florida Supreme Court adopted Florida Family Law Rule 12.750 establishing statewide guidelines for court-sanctioned self-help programs to assist self-represented litigants in family law matters. The rule addresses the significant access-to-courts problem created by the fact t