Conflict Of Interest

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

• Malachi Freeman v. State
  804 So. 2d 484· Fla. 2d DCA· 2001-12-05 ·cited 4×
• Hunter v. State
  770 So. 2d 232· Fla. 4th DCA· 2000-10-25 ·cited 4×
  Hunter challenges the trial court's denial of the public defender's motion to withdraw based on a conflict of interest. The court held that no prejudicial conflict existed where the public defender represented Hunter in a robbery case but had formerly represented Duvall, whose fi
• Dionco Bedford v. State
  765 So. 2d 846· Fla. 4th DCA· 2000-08-16 ·cited 4×
  The court held that the trial court erred in denying the public defender's motion to withdraw due to a conflict of interest.
• Silver Dunes Condo. OF Destin, Inc. v. Beggs AND Lane
  763 So. 2d 1274· Fla. 1st DCA· 2000-08-14 ·cited 4×
  Individual condominium unit owners sued their association's attorney for legal malpractice arising from advice regarding post-hurricane reconstruction, claiming they were intended third-party beneficiaries of the attorney-association contract. The court affirmed summary judgment
• Delarosa v. State
  757 So. 2d 1284· Fla. 4th DCA· 2000-05-31 ·cited 4×
  De la Rosa challenges his probation revocation order, arguing the trial court erred by failing to inquire into a conflict of interest with his defense counsel, who had information relevant to a material issue at the hearing. The court agrees and reverses, requiring a new revocati
• Costa v. State
  712 So. 2d 455· Fla. 4th DCA· 1998-06-17 ·cited 4×
  This case concerns whether a trial court can deny a public defender's motion to withdraw when the public defender certifies an irreconcilable conflict of interest. The appellate court found that the trial court erred in denying the motion, as the public defender should be allowed
• Turner v. Anderson
  704 So. 2d 748· Fla. 4th DCA· 1998-01-28 ·cited 4×
  In this legal malpractice case, the Fourth District Court of Appeal reversed summary judgment against a client who sued his former counsel for advising him to commit perjury in arbitration proceedings. The court held that while the in pari delicto doctrine bars recovery for damag
• Steinhorst v. State
  695 So. 2d 1245· Fla.· 1997-06-05 ·cited 4×
  Walter Gale Steinhorst, a death row inmate, sought relief from a 1987 postconviction hearing based on newly discovered evidence of a trial judge's undisclosed conflict of interest. The Florida Supreme Court affirmed the denial of relief, finding that the conflict information was
• Lidia Moreno v. Allen
  692 So. 2d 957· Fla. 3d DCA· 1997-04-23 ·cited 4×
  This case addresses the distribution of attorneys' fees and interest stemming from a wrongful death settlement for a deceased child. The court affirmed some fee determinations from its prior decision in Perez v. George, Hartz, Lundeen, Flagg & Fulmer, but reversed awards of addit
• THE Florida BAR v. Marke
  669 So. 2d 247· Fla.· 1996-03-07 ·cited 4×
  The Florida Bar disciplined attorney John Emil Marke for violating conflict-of-interest rules by representing both Rahim Associates and its shareholders (the Sadik-Oglis) in a corporate sale to Intourist, then switching to represent Rahim/Intourist against the Sadik-Oglis in subs
• Earline Banks v. State
  661 So. 2d 419· Fla. 4th DCA· 1995-10-18 ·cited 4×
  The court reversed a conviction for violation of probation because the trial court erred in denying the public defender's motion to withdraw based on a conflict of interest arising from the office's prior representation of the victim.
• Ronda C. Weinstock, Ph.D. v. Groth
  659 So. 2d 713· Fla. 5th DCA· 1995-09-01 ·cited 4×
  Dr. Weinstock sought certiorari review of a trial court discovery order, challenging requests for information about her psychotherapy and mental health treatment. The appellate court granted certiorari in part, quashing the order compelling disclosure of her psychotherapist's nam
• Wynn v. The Honorable Frank Pound
  653 So. 2d 1116· Fla. 5th DCA· 1995-04-21 ·cited 4×
  Petitioner sought a writ of prohibition to prevent his trial from proceeding due to a discovery violation and a conflict of interest involving a witness represented by the public defender.
• Fla. Bd. of Bar Exam'rs re W.H.V.D.
  653 So. 2d 386· Fla.· 1995-04-06 ·cited 4×
  The Florida Supreme Court denied W.H.V.D.'s petition for admission to The Florida Bar, finding he failed to demonstrate sufficient rehabilitation after being initially denied admission in 1990 due to misconduct as a trustee involving unauthorized loans and breach of fiduciary dut
• Dougan v. Singletary
  644 So. 2d 484· Fla.· 1994-09-08 ·cited 4×
  Jacob Dougan, convicted of murder and sentenced to death, petitioned for habeas corpus relief arguing that a defective jury instruction on the aggravating factor of 'heinous, atrocious, or cruel' violated Espinosa v. Florida. The Florida Supreme Court denied the petition, finding
• Vaughn v. Batchelder
  633 So. 2d 526· Fla. 2d DCA· 1994-03-09 ·cited 4×
  The Florida appellate court reversed the trial court's denial of a petition to remove Richard Batchelder as personal representative of Raymond Odem's estate. Batchelder, the testator's grandson, had transferred approximately $140,000 of estate funds into joint tenancy with himsel
• Univ. OF Miami & Gallagher Bassett Ins. Servs., Inc. v. Esta Dansky & The Home Ins. Co.
  622 So. 2d 613· Fla. 1st DCA· 1993-08-12 ·cited 4×
  The court held that an attorney's prior attorney-client relationship with a party creates an irrefutable presumption of disclosed confidences when representing an adverse party in the same or substantially similar matter, requiring disqualification.
• United States v. Cherie Brown
  991 F.2d 1162· 3d Cir.· 1993-04-30 ·cited 4×
  A sentencing judge has the authority under the current version of the Sentencing Guidelines to permit a defendant to attack the constitutionality of prior convictions used for career offender classification.
• Kirkland v. State
  617 So. 2d 781· Fla. 4th DCA· 1993-04-28 ·cited 4×
  The court reversed a trial court's denial of a motion to withdraw a guilty plea, holding that the trial court erred by appointing a public defender from the same office that had represented the defendant originally and whose assistant testified as an adverse witness. The defendan
• Goeke v. Goeke
  613 So. 2d 1345· Fla. 2d DCA· 1993-02-12 ·cited 4×
  This appeal concerns a guardian's attempt to change IRA beneficiary designations for his incapacitated father, with the appellate court affirming the denial of a continuance but reversing the decision to make the guardian the exclusive beneficiary, remanding for a hearing on the
• THE Florida BAR v. Mastrilli
  614 So. 2d 1081· Fla.· 1993-01-28 ·cited 4×
  Kenneth W. Mastrilli, an attorney, violated rules of professional conduct by representing both the driver and passenger in a vehicle accident case, then suing the driver on behalf of the passenger without disclosing the conflict of interest. The Florida Supreme Court suspended hi
• Turner v. State
  611 So. 2d 12· Fla. 4th DCA· 1992-12-16 ·cited 4×
  The court held that the trial court erred in removing special counsel appointed for an indigent defendant on appeal, as the conflict of interest persisted and the county lacked standing to intervene.
• Muhammed Dawan v. A.L. Lockhart
  980 F.2d 470· 8th Cir.· 1992-12-02 ·cited 4×
  The court held that the petitioner is excused from procedural defaults due to ineffective assistance of counsel, which constitutes cause and prejudice for raising his claim.
• King v. Rowland
  977 F.2d 1354· 9th Cir.· 1992-10-22 ·cited 4×
  The court held that the trial court did not err in failing to declare a mistrial due to a conflict of interest or in physically restraining the defendant during trial, nor did the restraints prevent effective assistance of counsel.
• United States v. Elic L. Gilliam
  975 F.2d 1050· 4th Cir.· 1992-09-17 ·cited 4×
  The court held that the district court was not required to conduct a Rule 44(c) hearing at sentencing when the alleged conflict arose at trial and was not known or reasonably knowable by the court at that time.
• In re Am. Airlines, Inc.
  972 F.2d 605· 5th Cir.· 1992-09-04 ·cited 4×
  The court held that the district court erred in denying American's motion to disqualify Vinson & Elkins, and issued a writ of mandamus directing disqualification.
• Andrzej Osuch v. Immigr. & Naturalization Serv.
  970 F.2d 394· 7th Cir.· 1992-08-10 ·cited 4×
  The court held that counsel should have an opportunity to reply regarding the appropriateness of sanctions against them.
• Bobo v. Kolb
  969 F.2d 391· 7th Cir.· 1992-07-22 ·cited 4×
  The court affirmed the denial of the habeas petition, holding that Bobo's silence was not an invocation of his right to remain silent and that his ineffective assistance of counsel claim was procedurally defaulted.
• THE Florida BAR v. McATEE
  601 So. 2d 1199· Fla.· 1992-07-09 ·cited 4×
  The Florida Supreme Court reviewed a lawyer disciplinary proceeding against James R. McAtee for trust account mismanagement and improper fee collection practices. The Court approved the referee's factual findings but increased the discipline from a public reprimand to a 91-day su
• United States v. Serafin Castillo
  965 F.2d 238· 7th Cir.· 1992-05-29 ·cited 4×
• United States v. Kladouris
  964 F.2d 658· 7th Cir.· 1992-05-20 ·cited 4×
  The court held that the admission of a deceased witness's grand jury testimony was proper under Rule 804(b)(5) and did not violate the Confrontation Clause, and that the defendant knowingly waived any conflict of interest with her counsel.
• THE Florida BAR v. Kramer
  593 So. 2d 1040· Fla.· 1992-01-30 ·cited 4×
  The Florida Supreme Court disciplined attorney Robert E. Kramer for misconduct in a business transaction with his client involving a property deed. The Court rejected a recommended private reprimand and instead imposed a public reprimand, finding that Kramer's failure to disclose
• Bellamy v. Cogdell
  952 F.2d 626· 2d Cir.· 1991-12-18 ·cited 4×
  The per se rule for Sixth Amendment right to counsel violations does not apply when the attorney was duly licensed at the time of trial and was mentally competent, despite pending disciplinary proceedings or prior statements of incapacity.
• Universal Am. Barge Corp. v. J-Chem, Inc.
  946 F.2d 1131· 5th Cir.· 1991-11-12 ·cited 4×
  The court held that collateral estoppel could not be applied against the fumigators because Universal's interests conflicted with theirs in the arbitration, preventing adequate representation. The court also found that Universal's arguments in arbitration regarding the cause of t
• Mathis v. Hood
  937 F.2d 790· 2d Cir.· 1991-06-28 ·cited 4×
  The court affirmed the district court's grant of habeas relief, finding that the petitioner's appellate counsel had an actual conflict of interest that constituted a per se violation of the Sixth Amendment, making a showing of prejudice unnecessary.
• In re Cohoes Indus. Terminal, Inc. v. Latham Sparrowbush Assocs.
  931 F.2d 222· 2d Cir.· 1991-05-01 ·cited 4×
  The court held that an attorney should not be sanctioned under Bankruptcy Rule 9011 or 28 U.S.C. § 1927 for filing a Chapter 11 petition or for repeatedly asserting a claim if the petition had a reasonable basis and the claim was pursued until it was addressed on the merits.
• United States v. Garcia
  924 F.2d 925· 9th Cir.· 1991-01-30 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion to substitute counsel and that the judge's conduct did not deprive the defendant of a fair trial.
• Shelton v. Exxon Corp.
  921 F.2d 595· 5th Cir.· 1991-01-22 ·cited 4×
  The court held that the 1980 settlement agreement, as unambiguously written, released all claims, including imprudent marketing claims, that accrued before its effective date. The court also affirmed the denial of claims based on an assignment of rights that expressly allowed the
• Williams v. Internal Revenue Serv.
  919 F.2d 745· D.C. Cir.· 1990-11-20 ·cited 4×
  The government may constitutionally discipline an attorney for prosecuting a class action without prior approval under relevant regulations, as the regulations serve legitimate government interests and do not unduly restrict First Amendment rights.
• Lopez-Nieves v. United States
  917 F.2d 645· 1st Cir.· 1990-10-29 ·cited 4×
  The court held that the appellant's claims of ineffective assistance of counsel and an invalid guilty plea lacked merit, and the district court properly denied his motion to vacate his sentence.
• Johnston v. Mizell
  912 F.2d 172· 7th Cir.· 1990-08-31 ·cited 4×
  The court held that a presumption of prejudice for ineffective assistance of counsel due to a conflict of interest does not apply to post-trial motions because any prejudice is discoverable from the record.
• THE Florida BAR v. Dunagan
  565 So. 2d 1327· Fla.· 1990-07-05 ·cited 4×
  The court approved the referee's recommendation for a sixty-day suspension, finding competent substantial evidence supported the guilt findings and rejecting claims that the discipline was too harsh.
• Simpson v. James
  903 F.2d 372· 5th Cir.· 1990-06-14 ·cited 4×
  The court held that the jury's findings of attorney negligence, existence of an attorney-client relationship, and proximate causation of damages were supported by sufficient evidence, and that the statute of limitations did not bar the claims.
• In re Florida Rules of Practice and Procedure for Traffic Courts-Civil Traffic Infraction Hearing Officer Pilot Program
  559 So. 2d 1101· Fla.· 1990-03-29 ·cited 4×
  The Florida Supreme Court approved proposed amendments to the Rules of Practice and Procedure for Traffic Courts implementing a pilot program for civil traffic infraction hearing officers, with modifications regarding the professional qualifications and ethical obligations of tra
• THE Florida BAR v. Miller
  555 So. 2d 854· Fla.· 1990-01-25 ·cited 4×
  The Florida Supreme Court disciplined attorney Robert T. Miller for accepting a contingent beneficiary designation in a client's will without full disclosure or independent counsel for the client. The Court imposed a public reprimand and probation, finding serious misconduct desp
• Miller v. Eichleay Eng'rs, Inc.
  886 F.2d 30· 3d Cir.· 1989-09-14 ·cited 4×
  The court held that genuine issues of material fact existed regarding the interpretation of the pension plan's terms and the administrator's denial of benefits, precluding summary judgment.
• United States v. Schmitz
  887 F.2d 843· 8th Cir.· 1989-08-31 ·cited 4×
  The court held that a defendant's knowing and voluntary waiver of separate counsel, confirmed during a detailed plea colloquy, prevents him from later claiming ineffective assistance of counsel due to a conflict of interest.
• Dick v. Scroggy
  882 F.2d 192· 6th Cir.· 1989-08-14 ·cited 4×
  The appearance of impropriety from a prosecutor representing a victim in a civil suit while also prosecuting the defendant in a criminal case does not, without more, violate the Due Process Clause.
• Fla. Ins. Guar. Ass'n, Inc. v. The Celotex Corp.
  547 So. 2d 696· Fla. 4th DCA· 1989-08-02 ·cited 4×
  The Florida Insurance Guaranty Association sought a writ of certiorari to challenge a trial court's denial of its motion to disqualify opposing counsel. The court granted certiorari, finding the trial court erred by blindly following an earlier unpublished denial of certiorari ra
• Caidin v. Lakow
  546 So. 2d 788· Fla. 3d DCA· 1989-07-25 ·cited 4×
  Stanley Caidin, a former attorney for Phillip Zipes, sought declaratory relief to confirm the validity of a settlement agreement and release waiving conflict of interest concerns related to his representation of another party. The trial court denied his declaratory judgment claim