Conflict Of Interest

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

• Cliff Miller v. Miller
  89 So. 3d 962· Fla. 5th DCA· 2012-04-20 ·cited 5×
  A trust beneficiary brought a surcharge action against co-trustees, alleging they improperly leased trust property to a company in which they held an ownership interest without fair market value. The appellate court affirmed the trial court's findings that the trustees acted in t
• Nev. Comm'n on Ethics v. Carrigan
  564 U.S. 117· U.S.· 2011-06-13 ·cited 5×
  The Supreme Court held that a legislator's vote is not protected speech under the First Amendment, and therefore Nevada's ethics law requiring recusal from voting on matters presenting conflicts of interest does not violate the First Amendment. The Court reversed the Nevada Supre
• Doyle v. Liberty Life Assurance Co. OF Boston
  511 F.3d 1336· 11th Cir.· 2008-01-07 ·cited 5×
  The Eleventh Circuit reversed the district court's grant of summary judgment, holding that the district court erred by applying a "modified" heightened arbitrary and capricious standard of review instead of the established "heightened arbitrary and capricious standard." The court
• THE Florida BAR v. Maurice
  955 So. 2d 535· Fla.· 2007-04-12 ·cited 5×
  The Florida Bar disciplined attorney Shelley Goldman Maurice for ethical violations in handling a probate estate, specifically for opening unnecessary probate proceedings and allowing personal interests to cloud her professional judgment. The Florida Supreme Court approved the re
• Elton v. Mare Dougherty
  931 So. 2d 201· Fla. 5th DCA· 2006-06-09 ·cited 5×
  The Fifth DCA granted a petition for writ of certiorari, finding that an attorney should have been allowed to withdraw from representing a disabled client in a products liability case due to an inability to advance litigation costs and a professional opinion that the case lacked
• Solomon v. Anne E. Dickison, M.D.
  916 So. 2d 943· Fla. 1st DCA· 2005-11-30 ·cited 5×
  The court reversed a trial court's disqualification of petitioners' attorneys based on a conflict of interest arising from one attorney's prior employment at a firm representing the opposing party. The appellate court held that the trial court applied the wrong legal standard, re
• Douglas v. State
  758 So. 2d 1285· Fla. 4th DCA· 2000-06-14 ·cited 5×
• Spaziano v. Seminole Cnty.
  726 So. 2d 772· Fla.· 1999-01-28 ·cited 5×
  The court held that a trial judge has the inherent authority to appoint co-counsel at public expense for an indigent capital defendant in complex cases, even if volunteer counsel is already appointed. The court also affirmed the taxation of certain defense costs against the count
• Guven Cankur v. State
  706 So. 2d 944· Fla. 4th DCA· 1998-03-06 ·cited 5×
  The court quashed the trial court's denial of the public defender's motion to withdraw based on an irreconcilable conflict of interest, holding that once counsel certifies a conflict exists, the trial court must grant withdrawal without reweighing the facts.
• Stvartak v. Eastman Kodak Co.
  945 F. Supp. 1532· M.D. Fla.· 1996-11-15 ·cited 5×
  The court found that the plan administrator's denial of long-term disability benefits was arbitrary and capricious, entitling the plaintiff to benefits.
• Lanell Williams v. State
  622 So. 2d 490· Fla. 4th DCA· 1993-07-07 ·cited 5×
  The Florida Fourth District Court of Appeal reversed a criminal conviction where the trial court erroneously denied the public defender's motion to withdraw based on a conflict of interest. The public defender could not adequately cross-examine the state's investigator witness du
• Block v. Pitney Bowes Inc.
  952 F.2d 1450· D.C. Cir.· 1992-01-21 ·cited 5×
  The court should affirm the district court's result, even if it applied the wrong standard, because the correct standard (abuse of discretion) would yield the same outcome.
• Wells v. United States Steel & Carnegie Pension Fund, Inc.
  950 F.2d 1244· 6th Cir.· 1991-12-13 ·cited 5×
  The court held that the Pension Fund's interpretation of the plan's offset provisions was not arbitrary or capricious, but remanded for findings on equitable recoupment of overpayments.
• Koch v. Puckett
  907 F.2d 524· 5th Cir.· 1990-08-02 ·cited 5×
  The court held that the petitioner's conclusory allegations of ineffective assistance of counsel, conflict of interest, perjured testimony, and prosecutorial misconduct did not warrant habeas relief or an evidentiary hearing.
• THE Florida BAR v. Barley
  541 So. 2d 606· Fla.· 1989-04-06 ·cited 5×
  The court held that the referee's findings of fact were supported by evidence and approved the recommendation for a sixty-day suspension and payment of costs.
• Harte Biltmore Ltd. v. First Pa. Bank, N.A.
  655 F. Supp. 419· S.D. Fla.· 1987-03-11 ·cited 5×
  A law firm must be disqualified from representing a client when, due to a merger, it simultaneously represents and opposes another client, as this breaches the duty of undivided loyalty and creates an appearance of impropriety.
• Moorman v. Honorable Edward F. Threadgill, Jr.
  462 So. 2d 573· Fla. 2d DCA· 1985-01-18 ·cited 5×
• Nelson v. Dep't of Agric. & Consumer Servs.
  424 So. 2d 860· Fla. 1st DCA· 1982-12-08 ·cited 5×
  George Nelson, a state forest ranger, sought to run for Wakulla County School Board but was denied authorization by the Department of Agriculture and Consumer Services due to potential conflicts with his state employment. The court affirmed the agency's final order terminating Ne
• Hooks v. Wainwright
  536 F. Supp. 1330· M.D. Fla.· 1982-04-14 ·cited 5×
  The court held that the state's proposed law library system alone is insufficient to guarantee indigent inmates meaningful access to the courts, and that some form of attorney assistance is constitutionally required.
• In re Imperial "400" Nat'l, Inc. v. The Jud. Council of the Third Cir.
  481 F.2d 41· 3d Cir.· 1973-04-23 ·cited 5×
  The Judicial Council's resolution, adopted without proper procedure and based on incomplete information, was improperly applied to remove counsel, and the matter should be remanded for a hearing.
• Syms v. Castleton Indus., Inc.
  470 F.2d 1078· 5th Cir.· 1972-11-20 ·cited 5×
• Ash v. Hyman Ash
  Fla. 3d DCA· 2026-03-18 ·cited 4×
  Patricia Ash, successor guardian and mother of a deceased ward, appealed orders denying her standing to object to the guardian of the property's final accounting and discharge. The Third District Court of Appeal reversed, holding that Patricia had standing as an interested person
• City of Sarasota Firefighters Pension Fund v. Inovalon
  Del. Ch.· 2025-06-10 ·cited 4×
  The court denied in part and granted in part the defendants' supplemental motions to dismiss. The court denied the Committee Defendants' motion to dismiss based on the Cornerstone standard, finding it reasonably conceivable they acted in bad faith by intentionally withholding mat
• The Florida Bar v. Bander
  361 So. 3d 808· Fla.· 2023-05-11 ·cited 4×
  The Florida Supreme Court disbarred attorney Stephen Matthew Bander for misappropriating client funds—specifically, retaining duplicate payments from a third party (Skyrise) that should have been returned to his clients, depositing the funds in his operating account instead of a
• The Florida Bar v. Rush
  361 So. 3d 796· Fla.· 2023-05-04 ·cited 4×
  Attorney Brian P. Rush was suspended for three years from the practice of law for violating professional conduct rules by refusing to follow his client's directives to settle an eminent domain case and instead pursuing his own financial interests in seeking attorney's fees based
• Flaherty v. State
  221 So. 3d 633· Fla. 4th DCA· 2017-05-10 ·cited 4×
  A defendant's trial counsel was revealed post-conviction to be the same prosecutor who had initially charged him. The appellate court declined to adopt a per se rule requiring reversal, instead applying the Cuyler/Hunter test requiring proof that the conflict of interest actually
• In re Amendments to the Code of Judicial Conduct
  141 So. 3d 1172· Fla.· 2014-06-19 ·cited 4×
  The Florida Supreme Court amended the Code of Judicial Conduct and multiple rules of procedure to add safeguards governing senior judges serving as mediators. Rather than prohibit the dual service, the Court adopted two new restrictions: senior judges cannot mediate cases in circ
• In re Amendments to the Rules Regulating the Florida Bar (biennial Report)
  140 So. 3d 541· Fla.· 2014-05-29 ·cited 4×
  The Florida Supreme Court approved most proposed amendments to the Rules Regulating the Florida Bar, modifying one proposal to include adoption-based family relationships in conflict of interest rules and declining to adopt a proposal prohibiting suspended or disbarred attorneys
• Reuben Alexis v. State
  112 So. 3d 144· Fla. 1st DCA· 2013-05-09 ·cited 4×
  Reuben Alexis obtained relief from a conviction for aggravated assault with a firearm by establishing that his appellate counsel was ineffective for failing to challenge the validity of his waiver of the right to conflict-free trial counsel. The court granted his petition for wri
• Broin v. Phillip Morris Cos., Inc.
  84 So. 3d 1107· Fla. 3d DCA· 2012-03-21 ·cited 4×
  Flight attendants petitioned for certiorari review of an order disqualifying their attorneys in a class action settlement dispute against tobacco companies. The court quashed the disqualification order, holding that in class action contexts, courts must balance the prejudice to o
• Frye v. Ironstone Bank
  69 So. 3d 1046· Fla. 2d DCA· 2011-09-21 ·cited 4×
  Earl Frye sought disqualification of Henderson Franklin law firm from representing Ironstone Bank in a loan guaranty action because Henderson Franklin simultaneously represented Frye's former lawyer in a legal malpractice suit arising from that same guaranty defense. The court he
• Brown v. State
  66 So. 3d 1046· Fla. 4th DCA· 2011-08-03 ·cited 4×
  Randy Lee Brown appeals his conviction for cocaine sales and possession near a school, arguing the trial court erred in denying his motion for continuance filed on the morning of trial when he expressed concerns about his retained counsel's legal problems and lack of preparation.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2011-03-10 ·cited 4×
  The Court denied James Hardwick's motion for postconviction relief, finding that his claims of ineffective assistance of counsel were either procedurally barred, lacked merit, or failed to demonstrate prejudice. The Court systematically addressed each claim, applying the Strickla
• THE Florida BAR v. Roberto
  59 So. 3d 1101· Fla.· 2011-03-03 ·cited 4×
  The Florida Supreme Court reviewed a disciplinary case against attorney Jaime Roberto for professional misconduct involving sexual relationships with two criminal clients, improper financial assistance, and improper solicitation. The Court affirmed some violations found by the re
• Yancy B. Clayton v. State
  12 So. 3d 1259· Fla. 2d DCA· 2009-06-26 ·cited 4×
  Yancy Clayton appeals the summary denial of his Rule 3.850 postconviction relief motion claiming ineffective assistance of counsel. The court reverses, finding that the trial judge's prior prosecution of Clayton sufficiently supports a disqualification motion and that the postcon
• Johnson v. State
  6 So. 3d 1262· Fla. 4th DCA· 2009-03-18 ·cited 4×
  The Fourth District Court of Appeal held that when an appellate Public Defender certifies a conflict of interest arising from representing multiple co-defendants, the certification alone is sufficient to mandate withdrawal and transfer to Regional Conflict Counsel, without requir
• Thacker v. State
  990 So. 2d 1223· Fla. 1st DCA· 2008-09-23 ·cited 4×
• Giertz-Richardson v. Hartford Life & Accident Ins.
  536 F. Supp. 2d 1280· M.D. Fla.· 2008-03-07 ·cited 4×
  The court found that the plan administrator did not improperly weigh the evidence and was not required to give special deference to the opinions of the treating physician.
• Baez v. Henriette Koelemij
  960 So. 2d 918· Fla. 4th DCA· 2007-08-08 ·cited 4×
  The Fourth District Court of Appeal granted a petition for writ of prohibition disqualifying a trial judge from presiding over a paternity and child support case due to an apparent conflict of interest. The court found that a reasonable litigant would have a well-grounded fear of
• Penoyer v. State
  945 So. 2d 586· Fla. 2d DCA· 2006-12-13 ·cited 4×
  Allen Penoyer appeals the dismissal of his postconviction relief motions filed nearly 30 years after his 1976 conviction for life imprisonment. The court reversed because the trial judge who dismissed the motions allegedly served as the prosecutor at Penoyer's original trial, cre
• Bayron v. State
  921 So. 2d 719· Fla. 3d DCA· 2006-02-15 ·cited 4×
  The court affirmed the denial of relief regarding habitual offender sentencing notice but reversed and remanded for an evidentiary hearing on ineffective assistance of counsel claims.
• Mercer v. Kanowsky
  917 So. 2d 222· Fla. 4th DCA· 2005-11-16 ·cited 4×
  The court affirmed the probate court's order requiring disgorgement of extraordinary attorney's fees and expenses due to conflicts of interest and administrative failures, but reversed the portion compelling the law firm to perform future services without compensation for lack of
• Batur v. Signature Props. OF Nw. Fla.
  903 So. 2d 985· Fla. 1st DCA· 2005-05-19 ·cited 4×
  Kenneth Batur, a shareholder of Signature Properties, appealed the dismissal of his derivative claims against South Walton Properties and Sandpiper Ventures for converting a valuable condominium unit. The court reversed, holding that the custodian appointed to investigate the cla
• Amendment to the Rules Regulating the Florida Bar
  875 So. 2d 448· Fla.· 2004-05-20 ·cited 4×
  The Florida Supreme Court adopted amendments to the Rules Regulating the Florida Bar, addressing numerous procedural and substantive changes to disciplinary rules, fee regulations, trust accounts, advertising standards, and specialized practice certifications. The amendments refl
• Onofrieti v. Metro. Life Ins.
  320 F. Supp. 2d 1250· M.D. Fla.· 2004-03-22 ·cited 4×
  The court held that the administrator's decision to terminate long-term disability benefits was not wrong, and granted summary judgment for the defendant. The court also denied the plaintiff's motion to dismiss the defendant's counterclaim.
• Ortiz v. State
  844 So. 2d 824· Fla. 5th DCA· 2003-05-16 ·cited 4×
  Leslie Ortiz appeals his convictions for conspiracy to traffic and trafficking in Ecstasy, arguing the trial court erred in denying his counsel's motion to withdraw due to a conflict of interest. The appellate court reversed, finding that the public defender's representation of b
• Paloumbis v. City OF Miami Beach
  840 So. 2d 297· Fla. 3d DCA· 2003-02-05 ·cited 4×
  The appellate court granted certiorari, quashing a circuit court decision that had overturned a Personnel Board ruling. The case involved an employee terminated for outside employment without formal approval, and the core issue was whether the Personnel Board had the authority to
• Smith v. State
  835 So. 2d 1259· Fla. 2d DCA· 2003-01-31 ·cited 4×
  Florida appellate court reversed denial of motion to withdraw plea because trial court failed to appoint conflict-free counsel when a conflict of interest arose between defendant and his trial counsel at the hearing.
• Migliaro v. IBM Long-Term Disability Plan
  231 F. Supp. 2d 1167· M.D. Fla.· 2002-06-03 ·cited 4×
  The court held that the denial of long-term disability benefits was wrong because the insurer relied on misleading surveillance and insufficient medical evidence, and failed to adequately consider treating physicians' opinions.
• Legion Ins. Co. v. Bank OF Am., N.A.
  807 So. 2d 690· Fla. 2d DCA· 2002-01-16 ·cited 4×
  Legion Insurance Company sought a writ of certiorari to challenge the circuit court's disqualification of its counsel, Trenam, based on an alleged conflict of interest. The Florida appellate court held that even if a conflict existed, the former client had validly consented to th