Conflict Of Interest

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

• Lovett v. State
  857 So. 2d 368· Fla. 5th DCA· 2003-10-24 ·cited 2×
  The court held that an actual conflict of interest existed when the public defender represented both the defendant and the victim in unrelated cases, requiring withdrawal of the plea.
• Earnest v. Metro. Life Ins.
  291 F. Supp. 2d 1327· M.D. Fla.· 2003-10-07 ·cited 2×
  The court held that the denial of long-term disability benefits was reasonable and not arbitrary or capricious, and that Home Depot was not a proper party defendant.
• Bochese v. Town of Ponce Inlet
  267 F. Supp. 2d 1240· M.D. Fla.· 2003-05-27 ·cited 2×
  Alfred Bóchese sought to disqualify attorneys Kohlmyer and Roper from representing the Town of Ponce Inlet in a § 1983 retaliation suit, alleging they were necessary witnesses to the town's custom of retaliating against whistleblowers and had conflicts of interest from prior repr
• Cotto v. State
  829 So. 2d 959· Fla. 4th DCA· 2002-10-30 ·cited 2×
  The court held that while the conflict of interest was waivable, the defendant did not provide a knowing and intelligent waiver, thus upholding the disqualification of counsel.
• Hawkins v. Arctic Slope Reg'l Corp.
  344 F. Supp. 2d 1331· M.D. Fla.· 2002-09-26 ·cited 2×
  The court held that discovery in ERISA cases is generally limited to the administrative record, but may extend to issues of conflict of interest to determine the standard of review.
• Montgomery v. State
  811 So. 2d 726· Fla. 3d DCA· 2002-02-20 ·cited 2×
  The court held that a trial court is not obligated to conduct a Nelson inquiry when a defendant expresses frustration over a plea bargain recommendation and does not allege counsel incompetence.
• Aiello v. Hyland
  793 So. 2d 1150· Fla. 4th DCA· 2001-09-12 ·cited 2×
  The probate court did not abuse its discretion in removing Robert as co-trustee, as the facts supporting his removal were fully litigated and established.
• Gen. Cigar Holdings, Inc. v. Altadis, S.A.
  144 F. Supp. 2d 1334· S.D. Fla.· 2001-04-11 ·cited 2×
  The court held that the law firm's representation of the plaintiff in the current action was permissible because the clients had provided informed consent to potential future adverse representation through a detailed engagement letter, and the firm demonstrated that its represent
• Chase v. Lennon E. Bowen, III
  771 So. 2d 1181· Fla. 5th DCA· 2000-10-06 ·cited 2×
  Naomi Chase appealed a summary judgment dismissing her legal malpractice claim against attorney Lennon Bowen, who drafted her mother's revised will that excluded Naomi as a beneficiary in favor of the Lavenders. The Fifth District affirmed, holding that an attorney representing m
• Schreck v. Reliance Standard Life Ins.
  104 F. Supp. 2d 1373· S.D. Fla.· 2000-06-29 ·cited 2×
  The court held that the insurance administrator's denial of benefits was arbitrary and capricious due to a lack of adequate investigation into the circumstances of the insured's death.
• Case v. The City OF Miami
  756 So. 2d 259· Fla. 3d DCA· 2000-05-03 ·cited 2×
  The court held that the City waived its right to disqualify counsel due to significant delay and that disqualification would cause injustice.
• LZ Props. v. Tampa Obstetrics, P.A.
  753 So. 2d 721· Fla. 2d DCA· 2000-03-17 ·cited 2×
  LZ Properties sought certiorari review of a trial court order disqualifying its attorney, N. Burton Williams, due to conflicts of interest. The court denied the petition, finding that Williams's concurrent representation of Zweibach (a guarantor and general partner of LZ Properti
• In re Amendments to the Florida Rules for Certified and Court-Appointed Mediators
  762 So. 2d 441· Fla.· 2000-02-03 ·cited 2×
  The Florida Supreme Court adopted comprehensive amendments to the Florida Rules for Certified and Court-Appointed Mediators, reorganizing and rewriting the ethical standards for mediators while addressing definitional issues and establishing new procedures for determining good mo
• Blackwood v. State
  755 So. 2d 699· Fla. 4th DCA· 1999-08-04 ·cited 2×
  Arnold Blackwood appeals the denial of his motion to withdraw his guilty plea to aggravated battery. The Florida District Court of Appeal reversed, holding that once a public defender moves to withdraw due to a conflict of interest, the trial court must appoint conflict-free coun
• Donnie E. Eplee v. Eplee
  722 So. 2d 277· Fla. 1st DCA· 1998-12-28 ·cited 2×
  Donald Eplee sought certiorari review of a trial court order disqualifying his attorney Bill Salmon from representing him in a dissolution of marriage action. The court held that the trial court departed from the essential requirements of law by disqualifying Salmon based on an a
• Holmes Reg'l Med. Ctr., Inc. v. Thomas E. Rose, M.D.
  721 So. 2d 764· Fla. 5th DCA· 1998-11-13 ·cited 2×
  Holmes Regional Medical Center sought certiorari review of a trial court's order disqualifying its counsel (Holland & Knight) based on an alleged conflict of interest arising from an attorney's prior representation of an entity in which the opposing party (Dr. Rose) held an inter
• Cardasis v. HP Am., Inc.
  710 So. 2d 146· Fla. 3d DCA· 1998-04-22 ·cited 2×
• Remeta v. State
  707 So. 2d 719· Fla.· 1998-03-11 ·cited 2×
  Capital Collateral Regional Counsel (CCRC-South) appealed the denial of its motion to withdraw as counsel for death row inmate Daniel Eugene Remeta, claiming an oversight committee's questions about Remeta's federal litigation created a conflict of interest. The Florida Supreme C
• Pena v. State
  706 So. 2d 1378· Fla. 4th DCA· 1998-03-04 ·cited 2×
  The trial court properly denied the public defender's office motion to withdraw from representation where the conflict was personal between the defendant and a single assistant public defender, not an institutional conflict between clients.
• J.M. Lumber, Inc. v. M.L. Builders, Inc.
  706 So. 2d 84· Fla. 4th DCA· 1998-02-18 ·cited 2×
  J.M. Lumber sought a writ of certiorari to review an order disqualifying its attorney, Stephen Navaretta, based on an alleged conflict of interest. The court granted the petition and quashed the disqualification order, finding that the trial court failed to make the required spec
• Rodriquez v. State
  700 So. 2d 79· Fla. 2d DCA· 1997-09-26 ·cited 2×
  David Rodriquez petitioned for a writ of mandamus challenging the Public Defender's Office delay in filing his appellate brief, arguing he was being denied timely appellate review. The court granted a sixty-day extension for the Public Defender to file the brief, threatening to r
• Goldfarb v. Daitch
  696 So. 2d 1199· Fla. 3d DCA· 1997-05-21 ·cited 2×
  Goldfarb, an attorney, filed a motion for disbursement of foreclosure surplus funds on behalf of Daitch without her actual knowledge or authorization, receiving a fee from the disbursed funds. The trial court vacated the disbursement orders and ordered Goldfarb to return the fee
• Butler v. State
  672 So. 2d 653· Fla. 4th DCA· 1996-05-01 ·cited 2×
• Sladek v. Lambertus
  667 So. 2d 417· Fla. 4th DCA· 1996-01-17 ·cited 2×
  The appellate court affirmed the trial court's order, finding no clear error in the factual findings.
• Colton v. State
  667 So. 2d 341· Fla. 1st DCA· 1995-10-24 ·cited 2×
  The court held that no grounds exist for disqualifying the attorney representing the state, as there was no showing of an actual or apparent conflict of interest.
• Venn v. St. Paul Fire & Marine Ins. Co.
  173 B.R. 759· N.D. Fla.· 1994-10-25 ·cited 2×
  The court denied the defendant's motions for judgment as a matter of law and for a new trial, finding that while the underlying Florida Supreme Court decision had significant flaws, the jury's verdict was supported by evidence and the court was bound by prior appellate mandates.
• Cont'l Nat'l Bank v. Brill
  638 So. 2d 1056· Fla. 3d DCA· 1994-06-28 ·cited 2×
  Continental National Bank appealed the denial of its motion to intervene in a wrongful death settlement action. The bank, a creditor of the deceased's estate, sought to challenge the fairness of how settlement proceeds were allocated between the estate and the widow. The court re
• Jihad Abuznaid and Munir Abuznaid v. Sirhal
  638 So. 2d 188· Fla. 4th DCA· 1994-06-15 ·cited 2×
  Jihad and Munir Abuznaid appeal from a judgment awarding damages for breach of a commercial lease agreement. The court reverses the judgment against Munir due to insufficient evidence of apparent agency or ratification, and reverses the judgment against Jihad and remands for a ne
• THE Florida BAR v. Anderson
  638 So. 2d 29· Fla.· 1994-04-28 ·cited 2×
  Malcolm Anderson, an attorney, violated Florida Bar Rule 4-1.8(c) by drafting nine testamentary instruments for a client that named himself or his wife as beneficiaries in six of them. Although the referee recommended a public reprimand and probation, the Florida Supreme Court im
• Isabella K. Sharpe, M.D. v. Charles Cook Howell, III, P.A.
  629 So. 2d 314· Fla. 1st DCA· 1993-12-28 ·cited 2×
  Dr. Isabella Sharpe sued her former defense counsel, attorney Charles Howell, for professional negligence and breach of representation agreement, claiming his inadequate defense of her medical malpractice case led to an unfavorable settlement and subsequent loss of insurance and
• Browning v. AT & T Paradyne
  838 F. Supp. 1564· M.D. Fla.· 1993-11-19 ·cited 2×
  The court held that plaintiffs' counsel did not violate ethical rules by communicating with a former employee who was also a plaintiff in the case, as his interests conflicted with the defendant's.
• Brake v. Eve E. Murphy
  626 So. 2d 325· Fla. 3d DCA· 1993-11-16 ·cited 2×
  The court held that the trial court properly appointed an administrator ad litem due to a conflict of interest and denied the motion to enforce mandate.
• In re Guardianship OF Margaret D. Murphey v. Catholic Charities OF the Diocese OF Palm Beach, Inc.
  630 So. 2d 591· Fla. 4th DCA· 1993-10-13 ·cited 2×
  A ward in a guardianship sought relief from trial court orders that removed her court-appointed attorney and authorized her guardian to represent her in an appeal. The court quashed the order removing counsel, finding a potential conflict of interest when the guardian—who was pur
• United States v. Trevino
  992 F.2d 64· 5th Cir.· 1993-05-12 ·cited 2×
  An appointed attorney's motion to withdraw based on an alleged conflict of interest arising from a co-defendant's prior representation by a colleague in the same public defender's office will be denied if no actual harm to the client's case is demonstrated.
• United States v. Brocksmith
  991 F.2d 1363· 7th Cir.· 1993-05-05 ·cited 2×
  The court held that the defendant's numerous arguments on appeal, including challenges to the sufficiency of evidence, double jeopardy, ineffective assistance of counsel, and sentencing, were without merit or waived.
• United States v. Unimex, Inc.
  991 F.2d 546· 9th Cir.· 1993-04-15 ·cited 2×
  A corporation's Sixth Amendment right to counsel and Fifth Amendment due process rights are violated if its assets are seized pretrial, preventing it from retaining counsel, without a prior adversary hearing to determine if some assets are nonforfeitable.
• In re Order on Motions to Withdraw Filed by Tenth Circuit Public Defender
  612 So. 2d 597· Fla. 2d DCA· 1992-12-16 ·cited 2×
  The Tenth Circuit Public Defender sought withdrawal from 143 criminal appeal cases due to excessive caseload and inadequate funding, alleging a backlog of 286 unassigned cases. The court granted the motion, removing the Public Defender's office from 143 cases while directing circ
• Bogue v. Ampex Corp. & Allied-Signal, Inc.
  976 F.2d 1319· 9th Cir.· 1992-10-07 ·cited 2×
  The court held that the severance program was an ERISA plan, requiring review of benefit denials for abuse of discretion, and that the administrator did not abuse its discretion in denying Bogue's severance pay.
• Jamison v. A.L. Lockhart
  975 F.2d 1377· 8th Cir.· 1992-09-24 ·cited 2×
  The court held that an alleged conflict of interest by trial counsel could constitute sufficient cause to excuse a procedural default in raising an ineffective assistance of counsel claim.
• Bellamy v. Cogdell
  974 F.2d 302· 2d Cir.· 1992-09-08 ·cited 2×
  The court held that the petitioner did not suffer a per se denial of his Sixth Amendment right to counsel because his attorney's alleged incapacity due to illness did not fall under the narrow circumstances where prejudice is presumed.
• Smiley v. Dir., Off. OF Workers Comp. Programs
  973 F.2d 1463· 9th Cir.· 1992-08-31 ·cited 2×
  The court held that an attorney's concurrent representation of a claimant and the claimant's employer's insurance carrier created a conflict of interest, requiring reversal and remand.
• Salley v. E.I. DuPONT de Nemours & Co.
  966 F.2d 1011· 5th Cir.· 1992-07-27 ·cited 2×
  The court held that the plan administrator abused its discretion by terminating benefits without fully considering the treating physician's advice and medical records, and that the district court's application of the treating physician rule, while potentially erroneous, was harml
• Kotrosits v. Gatx Corp. Non-Contributory Pension Plan for Salaried Emps.
  970 F.2d 1165· 3d Cir.· 1992-07-06 ·cited 2×
  The court held that the Plan Administrator's denial of enhanced early retirement benefits was not an abuse of discretion, as the circumstances did not demonstrate a conflict of interest warranting de novo review.
• Glatthar v. Hoequist
  600 So. 2d 1205· Fla. 5th DCA· 1992-06-05 ·cited 2×
  A plenary guardian of an incapacitated ward sought access to the ward's will and codicils that the ward had previously kept confidential from her family. The court reversed an order sequestering the documents, finding a conflict of interest between the guardian's need for knowled
• Meade v. Pension Appeals & Review Comm.
  966 F.2d 190· 6th Cir.· 1992-06-04 ·cited 2×
  The court held that a claim for benefits under ERISA § 1132(a)(1)(B) is subject to the analogous state statute of limitations for breach of contract, and that the plan's discretionary authority to deny benefits must be reviewed de novo unless the plan explicitly grants such discr
• Thompkins v. Cohen
  965 F.2d 330· 7th Cir.· 1992-06-03 ·cited 2×
  The court held that the defendant failed to prove his trial judge knew of his lawyer's conflict of interest and that the prosecutor's improper conduct likely caused a miscarriage of justice.
• United States v. Daniel
  962 F.2d 100· 1st Cir.· 1992-04-03 ·cited 2×
  The court held that the defendant was not forced to proceed pro se and that the denial of a minor participant reduction was not plain error.
• United States v. Rinard
  956 F.2d 85· 5th Cir.· 1992-03-05 ·cited 2×
  The court held that the defendant's arguments regarding ineffective assistance of counsel, career offender classification, and withdrawal of his guilty plea were without merit.
• THE Florida BAR v. Wilson
  599 So. 2d 100· Fla.· 1992-02-06 ·cited 2×
  The court held that while the Florida Bar proved trust account violations, it failed to prove other charges, and a ninety-day suspension is warranted for the proven violations.
• THE Florida BAR v. Granville H. Crabtree, Jr.
  595 So. 2d 935· Fla.· 1992-01-30 ·cited 2×
  The Florida Supreme Court upheld the disbarment of attorney Granville H. Crabtree, Jr. for engaging in dishonest fiscal transactions involving undisclosed conflicts of interest and misrepresentation. Crabtree orchestrated complex transactions to repatriate $1.5 million from Europ