Conflict Of Interest

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

• Clemente Lopez and Barbara Lopez v. Variety Child's. Hosp.
  600 So. 2d 506· Fla. 3d DCA· 1992-06-09 ·cited 3×
  Parents of a minor plaintiff in a medical malpractice action sought to vacate a settlement and voluntary dismissal, arguing the settlement was void because no guardian ad litem was appointed for the minor before court approval. The Florida appellate court affirmed the settlement,
• Shaffer v. Farm Fresh
  966 F.2d 142· 4th Cir.· 1992-05-22 ·cited 3×
  The court held that the disqualification of counsel was not warranted based on speculative future conflicts, and therefore, subsequent orders based on that disqualification, including dismissal, must be reversed.
• N. Ins. Co. OF NEW York v. Allied Mut. Ins. Co.
  955 F.2d 1353· 9th Cir.· 1992-02-07 ·cited 3×
  Policy benefits, including the right to a defense, transfer by operation of law to a successor under product-line successor liability, and California law applies to determine if the insurer fulfilled its duty to defend when a conflict of interest arises.
• Brake v. Eve E. Murphy
  591 So. 2d 1025· Fla. 3d DCA· 1991-12-24 ·cited 3×
  The court held that the trial court erred in denying the appointment of the alternate personal representative named in the will, as taking sides in estate disputes does not constitute a legal disqualification.
• United States v. Yu Kikumura
  947 F.2d 72· 3d Cir.· 1991-10-15 ·cited 3×
  The court held that the district court's denial of a continuance to allow the defendant to secure new counsel was an abuse of discretion.
• United States v. Stuckey
  917 F.2d 1537· 11th Cir.· 1990-10-19 ·cited 3×
  The court held that the trial judge did not abuse his discretion in disqualifying counsel due to a conflict of interest, nor did he err in refusing to allow the defendant to waive that conflict.
• Teyonda N. Walls v. City OF Petersburg
  895 F.2d 188· 4th Cir.· 1990-02-06 ·cited 3×
  The court held that the plaintiff failed to establish a prima facie case of disparate impact under Title VII and that the background questionnaire questions did not violate her constitutional rights to privacy, association, or due process.
• Syna v. Sol Lewen and Beverly Parmet
  549 So. 2d 755· Fla. 3d DCA· 1989-10-03 ·cited 3×
  Attorneys Syna and Lachterman appealed the dismissal of their petitions and motions filed on behalf of their former client Marion Lewen to enforce a dissolution of marriage judgment. The court affirmed the dismissal, holding that the attorneys lacked standing and authority to pur
• Crigler v. State
  535 So. 2d 329· Fla. 1st DCA· 1988-12-09 ·cited 3×
  Petitioners sought to strike the Department of Transportation's offers of judgment in a condemnation proceeding under newly enacted Florida law (§ 73.092(7)-(9)), arguing the offers created an ethical dilemma for their counsel and violated their constitutional right to full compe
• State v. Hooshang Kadivar
  460 So. 2d 391· Fla. 4th DCA· 1984-11-07 ·cited 3×
  Florida's Fourth District Court of Appeal reversed a trial court order disqualifying the entire state attorney's office from prosecuting a criminal case because the defendant had filed a § 1983 civil suit against the prosecutors. The court held that mere filing of a civil lawsuit
• Cohn v. Rosenfeld
  733 F.2d 625· 9th Cir.· 1984-04-25 ·cited 3×
  A Liechtenstein anstalt is considered a citizen or subject of Liechtenstein for diversity jurisdiction purposes under 28 U.S.C. § 1332(a)(2), and lost profits are recoverable damages for breach of contract if foreseeable.
• State v. King
  447 So. 2d 395· Fla. 1st DCA· 1984-03-19 ·cited 3×
  The State sought to disqualify the respondent's counsel on the basis of an alleged conflict of interest, as counsel had previously been the prosecuting attorney in the offense that formed the basis of the respondent's probation. The court affirmed the denial of the disqualificati
• United States v. William "Billy" Panasuk
  693 F.2d 1078· 11th Cir.· 1982-12-16 ·cited 3×
  The court held that the petitioner did not establish an actual conflict of interest that adversely affected his counsel's performance, thus denying his claim of ineffective assistance of counsel.
• In re THE Fla. BAR. In re Henry L. Turner, III
  355 So. 2d 766· Fla.· 1978-02-16 ·cited 3×
  The court held that an insurance agent engaged in the unauthorized practice of law by providing legal advice and drafting legal instruments for clients.
• In re Est. of Ernest Elbert Anders v. Fla. Nat'l Bank OF Jacksonville
  209 So. 2d 269· Fla. 1st DCA· 1968-04-16 ·cited 3×
  A contingent beneficiary under a testamentary trust sought to have the executor's attorney discharged for conflicts of interest. The court held that the contingent beneficiary lacked standing to bring such a petition because he had no vested interest in the estate and no statutor
• Cordero v. Cordero
  368 So. 3d 1065· Fla. 3d DCA· 2023-08-16 ·cited 2×
  The appellate court affirmed a trial court's order disqualifying an attorney in a probate dispute. The attorney was disqualified because he was likely to be a necessary fact witness and had previously represented one of the parties in substantially related matters, creating a con
• United States v. Fredrico Pacheo-Romero
  995 F.3d 948· 11th Cir.· 2021-04-28 ·cited 2×
  The Eleventh Circuit affirmed in part and dismissed in part the appeal, holding that district courts have the authority to inquire into the availability of funds for CJA purposes and that appellate jurisdiction is limited to reviewing procedural compliance with the CJA, not the m
• Erlandsson v. THE Guardianship of Beth ANN Elisa Erlandsson
  296 So. 3d 431· Fla. 4th DCA· 2020-05-06 ·cited 2×
  The appellate court reversed an order appointing plenary guardians for an alleged incapacitated person, finding that her appointed counsel failed to represent her expressed wishes as required by statute. The court remanded the case for a new hearing with conflict-free counsel.
• Brower v. State
  267 So. 3d 524· Fla. 5th DCA· 2019-03-25 ·cited 2×
  The appellate court granted a writ of certiorari, quashing the trial court's order that denied a public defender's motion to withdraw due to a conflict of interest. The court found that the trial court improperly inquired into privileged matters and should have appointed conflict
• Ingraham v. State
  248 So. 3d 153· Fla. 4th DCA· 2018-06-06 ·cited 2×
  A trial court abuses its discretion when it appoints conflict-free counsel to represent a defendant in a motion to withdraw plea based on alleged attorney misconduct, but then summarily denies the motion the next day without affording the substitute counsel an opportunity to amen
• Mosley v. State
  194 So. 3d 473· Fla. 1st DCA· 2016-05-27 ·cited 2×
  The court held that the trial court did not abuse its discretion in admitting a redacted 'time and crime' report, but reversed the discretionary public defender fee due to lack of adequate notice and potential conflict of interest.
• Steinberg v. Robyn and Robert Marlin
  201 So. 3d 129· Fla. 3d DCA· 2015-10-14 ·cited 2×
  Paul Steinberg sought a writ of certiorari to quash an order disqualifying his counsel, Harris Buchbinder, from representing him in consolidated lawsuits against the Marlins. The Florida appellate court denied the petition, finding the trial court properly disqualified Buchbinder
• In re Amendments TO Rule Regulating THE Fla. BAR 4-7.22-Lawyer Referral Servs.
  175 So. 3d 779· Fla.· 2015-09-24 ·cited 2×
  The Florida Supreme Court rejected proposed amendments to Rule 4-7.22 governing lawyer referral services and instead ordered the Florida Bar to adopt much stricter regulations precluding lawyers from accepting referrals from for-profit referral services not owned or operated by B
• Harrell v. Badger
  171 So. 3d 764· Fla. 5th DCA· 2015-07-24 ·cited 2×
  The Fifth District Court of Appeal reversed a trial court judgment discharging a trustee and awarding him attorney's fees, finding that the trustee violated Florida's decanting statute by failing to notify remainder beneficiaries before transferring all trust assets to a pooled s
• Faddis v. The City OF Homestead
  157 So. 3d 447· Fla. 3d DCA· 2015-02-11 ·cited 2×
  The Florida District Court of Appeal affirmed sanctions imposed against appellant Johanna Faddis and her attorney Kelsay Patterson for fraud on the court, and imposed additional appellate attorney fees against Patterson alone for advancing a frivolous appeal under Florida Statute
• McCOY v. Durden
  155 So. 3d 399· Fla. 1st DCA· 2014-12-31 ·cited 2×
  LLC members brought a derivative action against the manager and lender entities for breach of fiduciary duty and breach of the implied covenant of good faith and fair dealing in connection with the sale of radio station assets. The trial court granted summary judgment for the def
• Rutledge v. State
  150 So. 3d 830· Fla. 4th DCA· 2014-10-29 ·cited 2×
  Eddie Rutledge was convicted of first-degree murder and conspiracy to commit murder, but the appellate court reversed and remanded for a new trial because his trial court failed to conduct any inquiry into a potential conflict of interest when his defense attorney disclosed that
• Reed v. Long
  111 So. 3d 237· Fla. 4th DCA· 2013-04-10 ·cited 2×
  The court held that the trial court erred in denying the petition for surcharge with prejudice without allowing the petitioner an opportunity to amend her petition.
• Keyes v. State
  95 So. 3d 280· Fla. 4th DCA· 2012-06-20 ·cited 2×
  Howard Keyes challenged his first-degree murder conviction on grounds of ineffective assistance of counsel, alleging his public defender labored under a conflict of interest because the office had represented state witnesses, failed to request a voluntary intoxication instruction
• Suchite v. Kleppin
  784 F. Supp. 2d 1343· S.D. Fla.· 2011-03-15 ·cited 2×
  The court held that while counsel's representation did not violate Rule 4-1.7, the attorney acting as both advocate and witness in a trial concerning contested issues violates Rule 4-3.7, requiring disqualification from advocacy at trial.
• Fla. Dep't OF Revenue v. Collingwood
  43 So. 3d 952· Fla. 1st DCA· 2010-09-16 ·cited 2×
  The court held that the circuit court departed from the essential requirements of law by prohibiting the Department of Revenue from providing services in a child support modification action due to an alleged conflict of interest.
• State v. Antoine Bowens
  39 So. 3d 479· Fla. 3d DCA· 2010-07-07 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's order allowing the Public Defender to withdraw from representing a defendant charged with first-degree felony, holding that excessive caseload alone does not constitute sufficient prejudice to warrant withdrawal absent
• Cole v. State
  35 So. 3d 173· Fla. 2d DCA· 2010-06-02 ·cited 2×
  Norman Cole appealed the denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel based on conflicts of interest, involuntary plea, and failure to file evidentiary motions. The appellate court reversed the summary denials of several gr
• United States v. Shaygan
  661 F. Supp. 2d 1289· S.D. Fla.· 2009-04-14 ·cited 2×
  The court held that the government's actions, including prosecutorial misconduct, witness tampering, and discovery violations, warranted sanctions under the Hyde Amendment, ordering reimbursement for the defendant's attorney's fees and costs from the date of the superseding indic
• Chapinoff v. State
  2 So. 3d 1080· Fla. 3d DCA· 2009-02-11 ·cited 2×
  Defendant Chapinoff was convicted after his third trial on the same charges. The court reversed his convictions and discharged him, holding that his double jeopardy rights were violated when the trial judge granted a mistrial without manifest necessity and coerced the defendant's
• Jackson v. State
  998 So. 2d 1175· Fla. 5th DCA· 2008-12-24 ·cited 2×
  James Jackson was convicted of firearm offenses and sentenced to four years imprisonment. The Fifth District Court of Appeal reversed his convictions, holding that the trial court abused its discretion by denying his motion for continuance when his newly appointed counsel lacked
• THE Florida BAR v. Brown
  978 So. 2d 107· Fla.· 2008-01-17 ·cited 2×
  The Florida Bar disciplined attorney Anna L. Brown for violating professional conduct rules by representing two clients with directly adverse interests, failing to diligently represent and communicate with one client, and engaging in misrepresentation about the scope of her repre
• Aurigemma v. State
  964 So. 2d 224· Fla. 4th DCA· 2007-08-29 ·cited 2×
  The court granted a petition for writ of prohibition requiring disqualification of a trial judge from presiding over a Rule 3.850 evidentiary hearing because the judge's husband had a financial business relationship with the defendant's trial counsel whose performance would be ev
• State v. Tidey
  946 So. 2d 1223· Fla. 4th DCA· 2007-01-03 ·cited 2×
  The Florida District Court of Appeal reversed a trial court's grant of a writ of prohibition that sought to disqualify all Department of Highway Safety and Motor Vehicles (DHSMV) non-lawyer hearing officers and prevent communications between hearing officers and department staff
• Lopez v. State
  940 So. 2d 613· Fla. 2d DCA· 2006-11-03 ·cited 2×
  Alexander Lopez challenged the denial of his motion to withdraw his open plea after receiving a 15-year sentence, significantly harsher than the 18-month plea agreement he rejected. The court reversed, holding that Lopez was entitled to conflict-free counsel to address his pro se
• Brown v. Anne D.M. Graham, M.D.
  931 So. 2d 961· Fla. 4th DCA· 2006-05-17 ·cited 2×
  A judge's prior extensive representation of a defendant in similar litigation, coupled with failure to disclose, creates an appearance of impropriety requiring disqualification.
• Sheridan Ford v. Agency FOR Persons With Disabilities Dist. 15
  932 So. 2d 294· Fla. 4th DCA· 2005-11-30 ·cited 2×
  The court held that a non-final administrative order denying a motion to transfer a case is not immediately appealable because it is not a final agency action and does not deprive the appellant of an adequate remedy.
• Zoldan v. Zohlman
  915 So. 2d 235· Fla. 3d DCA· 2005-11-30 ·cited 2×
  Barbara Zoldan appeals a trial court judgment invalidating a postnuptial agreement between her mother Ida and stepfather Charles Zohlman on grounds of undue influence, and awarding Charles certain promissory notes. The appellate court reverses the undue influence determination, f
• Rogers v. State
  916 So. 2d 899· Fla. 4th DCA· 2005-11-16 ·cited 2×
  Scott Rogers appeals a trial court order prohibiting him from filing further pro se pleadings attacking his conviction and sentence. The court affirmed the sanction, finding that Rogers had repeatedly filed frivolous and successive motions raising the same claims despite prior de
• THE Florida BAR v. Shankman
  908 So. 2d 379· Fla.· 2005-07-07 ·cited 2×
  The Florida Supreme Court disciplined attorney David S. Shankman for multiple ethical violations involving dishonest dealings with clients, his law firm, and employees. The Court increased the referee's recommended 90-day suspension to 91 days with required proof of rehabilitatio
• Richards v. Hartford Life & Accident Ins. Co.
  356 F. Supp. 2d 1278· S.D. Fla.· 2004-12-01 ·cited 2×
  The court held that Hartford's denial of long-term disability benefits was not "wrong" under a de novo review, and therefore affirmed the grant of summary judgment for the defendants.
• Grayer v. Liberty Life Assur. Co. of Boston
  331 F. Supp. 2d 1383· M.D. Fla.· 2004-07-20 ·cited 2×
  The court held that the defendant's termination of long-term disability benefits was reasonable and supported by the administrative record, as the plaintiff failed to provide sufficient proof of continued disability.
• Barchus v. Hartford Life & Accident Ins.
  320 F. Supp. 2d 1266· M.D. Fla.· 2004-05-04 ·cited 2×
  The court held that the defendant's decision to terminate disability benefits was not arbitrary and capricious, granting summary judgment for the defendant.
• Hagberg v. Liberty Life Assurance Co. of Boston
  321 F. Supp. 2d 1270· N.D. Fla.· 2004-03-23 ·cited 2×
  The court held that Liberty's denial of long-term disability benefits was wrongful because, despite a reasonable basis for the decision, it was tainted by self-interest under the heightened arbitrary and capricious standard.
• Wall v. Pennzoil-Quaker States Co.
  358 F. Supp. 2d 1169· S.D. Fla.· 2004-01-27 ·cited 2×
  The court held that the Plan Administrator's decision to deny benefits was reasonable and supported by the evidence, and that MetLife was not the proper defendant as Pennzoil retained ultimate fiduciary responsibility.