Conflict Of Interest

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

• Surrette v. State
  251 So. 2d 149· Fla. 2d DCA· 1971-07-30 ·cited 2×
  Theodore Surrette appealed the denial of his Rule 1.850 motion to vacate his sentence for two counts of second-degree murder, arguing various grounds including conflict of interest arising from his original counsel becoming an assistant state attorney, improper disclosure of psyc
• United States v. Herschel Smith Jones
  436 F.2d 971· 6th Cir.· 1971-01-14 ·cited 2×
  The court held that joint representation of a husband and wife did not constitute ineffective assistance of counsel when no conflict of interest or prejudice was demonstrated.
• United States v. MOS
  435 F.2d 1259· 9th Cir.· 1970-12-23 ·cited 2×
  The court held that the record was insufficient to determine if the defendant received ineffective assistance of counsel due to a joint representation and a plea agreement involving a co-defendant.
• Petition of the Comm. ON Standards OF Jud. Conduct
  242 So. 2d 711· Fla.· 1970-12-21 ·cited 2×
  The Florida Supreme Court adopted comprehensive Standards of Judicial Conduct (Rule 37) to address ethical concerns regarding judges' conflicts of interest, political activity, financial disclosures, and extrajudicial activities. The court established clear guidelines for judicia
• Wilson v. United States
  435 F.2d 162· 5th Cir.· 1970-10-26 ·cited 2×
  The court held that the appellant was not prejudiced by joint representation and that the trial court did not err in failing to advise him of his right to separate counsel.
• United States ex rel. John Hussey v. LaVALLEE
  428 F.2d 457· 2d Cir.· 1970-06-24 ·cited 2×
  A joint representation does not violate the Sixth Amendment unless specific prejudice resulting from the conflict is shown.
• Campbell v. Supreme Court OF Fla.
  428 F.2d 449· 5th Cir.· 1970-06-16 ·cited 2×
• McHENRY v. United States
  420 F.2d 927· 10th Cir.· 1970-01-20 ·cited 2×
  The court held that the admission of a codefendant's confession during a joint trial was not a constitutional violation when the codefendant testified and the appellant also confessed, negating the prejudice addressed in Bruton.
• Griffin v. Fla. Citrus Comm'n
  32 Fla. Supp. 139· Lake Cty. Cir. Ct.· 1969-06-27 ·cited 2×
  The court held that the marketing order and the statute authorizing it were void due to unlawful delegation of legislative authority, specifically regarding the commission's powers to underwrite, subsidize, and engage in broad purchasing/selling of processed orange products, and
• United States ex rel. Curtis Bronzell v. Rundle
  410 F.2d 371· 3d Cir.· 1969-04-23 ·cited 2×
  The court held that the relator's claims of denial of due process due to unprepared counsel, failure to call witnesses, and conflict of interest were without merit.
• Jones v. Baker
  406 F.2d 739· 10th Cir.· 1969-01-29 ·cited 2×
  The court held that the appointment of a part-time municipal magistrate as joint counsel for a criminal defendant did not, per se, create a conflict of interest violating federal constitutional rights.
• Gauthier v. Burke
  402 F.2d 459· 7th Cir.· 1968-10-08 ·cited 2×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus without an evidentiary hearing.
• Wall v. State
  214 So. 2d 384· Fla. 2d DCA· 1968-10-02 ·cited 2×
  Joseph Wall was convicted of grand larceny along with co-defendants for removing a mural from St. Petersburg City Hall. The appellate court reversed his conviction, finding he was entitled to a separate trial from co-defendant Joseph Waller, whose different defensive posture and
• Reed v. Robilio
  400 F.2d 730· 6th Cir.· 1968-09-17 ·cited 2×
  The court held that surviving partners did not breach their fiduciary duty by failing to disclose speculative future prospects or by purchasing a deceased partner's interest at a price within a reasonable range of expert valuations, nor was a partnership agreement executed by the
• ANA Small Bus. Invs., Inc. v. Small Bus. Admin. OF the United States
  391 F.2d 739· 9th Cir.· 1968-03-12 ·cited 2×
  The court held that ANA Small Business Investments, Inc. (ANA) violated the Small Business Investment Act and SBA regulations by purchasing stock from individual shareholders rather than issuing corporations and by acquiring indefinite control over other corporations. The court a
• W. Steel Erection Co. v. C. H. Leavell & Co.
  384 F.2d 764· 8th Cir.· 1967-11-03 ·cited 2×
  The court held that the District Court's order was not a final, appealable decision under 28 U.S.C. § 1291 because the issues decided were not wholly collateral to the remaining claims in the lawsuit.
• In re Nazareth Fair Grounds & Farmers Mkt., Inc. v. Seligson
  374 F.2d 595· 2d Cir.· 1967-03-21 ·cited 2×
  The court held that attorneys in reorganization proceedings must keep accurate records, but failure to do so does not mandate total disallowance of fees. It also addressed the appearance of impropriety in attorney-examiner relationships.
• Stone v. State
  196 So. 2d 445· Fla. 4th DCA· 1966-11-07 ·cited 2×
  The court held that the defendant effectively waived his right to undivided counsel and that his counsel's representation did not impair his defense under the circumstances.
• Dukehart-Hughes Tractor & Equip. Co., Inc. v. The United States
  341 F.2d 613· Ct. Cl.· 1965-02-19 ·cited 2×
  The court held that certain expenditures made by the taxpayer to public officials were not deductible as business expenses because they violated Iowa Code § 741.1.
• Gage v. The Riggs Nat'l Bank OF Wash.
  342 F.2d 934· D.C. Cir.· 1965-01-21 ·cited 2×
  The court held that the District Court did not err in approving the administrator's account and allowing counsel fees.
• Legate v. Maloney
  334 F.2d 704· 1st Cir.· 1964-07-13 ·cited 2×
  The court held that the dismissal of the appellant's petition against the Exchange was an error, and that the master's findings regarding the appellant's authorization of stock acquisition and the receiver's claim for non-disclosure were irreconcilable, requiring adjustment.
• City OF Coral Gables v. Weksler
  164 So. 2d 260· Fla. 3d DCA· 1964-05-26 ·cited 2×
  A city employee and pro-manager of a municipal golf course entered into a lease agreement with the city. Taxpayers challenged the lease as violating the city charter's conflict-of-interest provision. The court reversed the lower court's judgment, holding that the lease did not vi
• Katz v. Kilsheimer
  327 F.2d 633· 2d Cir.· 1964-02-04 ·cited 2×
  The court affirmed the denial of the motion to disqualify trustees and counsel, allowing the district court to proceed with the reorganization plan hearing.
• Sheridan v. Perpetual Bldg. Ass'n
  322 F.2d 418· D.C. Cir.· 1963-08-08 ·cited 2×
  Trustees who fail to disclose their conflicts of interest and act adversely to a borrower's interests are liable for the resulting losses, and the lender's appropriation of insurance proceeds based solely on anticipated deficiency may be unlawful.
• In re Barry YAO Co. v. Bertram S. Harris
  286 F.2d 299· 9th Cir.· 1961-01-18 ·cited 2×
  The denial of the appellants' petition for a rehearing was an abuse of discretion, and the district court's orders are reversed.
• Fossey v. Dade Cnty.
  123 So. 2d 755· Fla. 3d DCA· 1960-10-31 ·cited 2×
  A county commissioner owning land on an island is disqualified from voting on a resolution to build a causeway to that island, due to a charter provision prohibiting voting when having a special financial interest.
• Cromer v. Layton
  64 So. 2d 556· Fla.· 1953-04-21 ·cited 2×
  The Florida Supreme Court addressed whether a bill of complaint in equity sufficiently alleged a fiduciary breach by Cook, a city agent who obtained a private option on property while advising the town council, and whether the complaint adequately pleaded Cromer's involvement. Th
• Close v. United States
  198 F.2d 144· 4th Cir.· 1952-07-18 ·cited 2×
  The court held that the denial of the motion to vacate the sentence was proper because the defendant failed to raise substantial issues requiring his presence, and the statute under which the motion was filed is constitutional.
• Am. Life INS. Co. v. Fla. Anglers Ass'n, Inc.
  185 F.2d 460· 5th Cir.· 1950-11-30 ·cited 2×
  The court held that there was substantial evidence to support the jury's verdict against both the insurance company and Autrey for money had and received, and that the trial court committed no reversible error.
• Gottschalk v. Ry. Express Agency, Inc.
  166 F.2d 1004· 3d Cir.· 1948-02-11 ·cited 2×
  The court held that the petitioner's actions in defending a police officer and obtaining employment for him under false pretenses constituted just cause for discharge under the statute.
• McCaw v. State
  395 So. 3d 1065· Fla. 4th DCA· 2024-10-02 ·cited 1×
  Paul McCaw appeals his convictions for sexual battery and lewd or lascivious molestation of two child victims. The appellate court affirmed all convictions and sentences, holding that the State properly prosecuted the molestation counts under the principal theory doctrine, and th
• Gordineer v. State
  335 So. 3d 232· Fla. 2d DCA· 2022-03-18 ·cited 1×
  The appellate court granted a petition for writ of certiorari, finding that the circuit court erred in denying the public defender's motion to withdraw. An actual conflict of interest existed because the defendant had sued the public defender's office over a malware attack that c
• Keeler v. Wells Fargo Bank, N.A.
  2017 WL 6026247· Del. Super. Ct.· 2019-03-25 ·cited 1×
  The appellate court reversed the trial court's grant of judgment on the pleadings, finding that the trial court erred by not considering the plaintiff's breach of contract claim and by not adequately addressing the doctrine of equitable tolling under the Uniform Commercial Code (
• Smith v. State
  Del.· 2018-05-29 ·cited 1×
  The appellate court affirmed the Superior Court's judgment, finding that the appellant's appeal was wholly without merit and devoid of any arguably appealable issues. The court was satisfied that the appellant's counsel made a conscientious effort to examine the record and the la
• Boca Raton Reg'l Hosp., Inc. v. Tim Williams, M.D.
  230 So. 3d 42· Fla. 4th DCA· 2017-11-22 ·cited 1×
  The Florida Fourth District Court of Appeal held that a hospital and foundation had standing to seek disqualification of opposing counsel despite not being present or former clients of the law firm, where the conflict arose from a law firm partner's simultaneous service on the ho
• Merck v. State
  216 So. 3d 1285· Fla.· 2017-05-04 ·cited 1×
  Troy Merck, Jr., a death row inmate, appeals the circuit court's order striking his motion to substitute Linda McDermott as his counsel and his successive postconviction motion. The Florida Supreme Court reversed, holding that substitution of counsel is a valid method to terminat
• THE Florida BAR v. Kane
  202 So. 3d 11· Fla.· 2016-10-06 ·cited 1×
  The Florida Supreme Court disbarred three attorneys—Charles Kane, Harley Kane, and Darin Lentner—for engaging in egregious professional misconduct related to a secret settlement with an insurance company that violated conflict-of-interest rules, abandoned clients' claims, and vio
• ATC Logistics Corp. v. Latascha Jackson
  168 So. 3d 292· Fla. 1st DCA· 2015-06-26 ·cited 1×
  The court held that a law firm is disqualified from representing a client if an attorney who joined the firm previously represented an adverse party in a substantially related matter and acquired material confidential information, even if the firm took steps to isolate the attorn
• ASI Holding Co., Inc. v. Royal Beach & Golf Resorts, LLC
  163 So. 3d 668· Fla. 1st DCA· 2015-04-29 ·cited 1×
  ASI Holding Company sought to disqualify its former counsel, Matthews & Jones, from representing Royal Beach & Golf Resorts in litigation over a nondisclosure agreement. The trial court denied disqualification based on the passage of time and circumstances of the NDA, but the Fir
• In re DEL Monte Foods Co. S'holders Litig. Consol. C.A. No. 6027-VCL
  2011 WL 1677458· Del. Ch.· 2011-06-27 ·cited 1×
  The Delaware Court of Chancery awarded $2.75 million in interim attorneys' fees and expenses to lead counsel for their role in obtaining supplemental disclosures in a merger challenge. The court deferred ruling on fees related to a preliminary injunction, finding that further pro
• Matrix Emp. Leasing, Inc. v. Pool
  46 So. 3d 1147· Fla. 1st DCA· 2010-11-02 ·cited 1×
  The court affirmed summary judgment for the insurer, holding that the insured's nearly four-year delay in reporting hurricane damage constituted a failure to provide prompt notice under the policy, which alone was sufficient to bar the claim.
• Skyler Jones v. State
  35 So. 3d 73· Fla. 1st DCA· 2010-05-07 ·cited 1×
  Skyler Jones appeals the trial court's denial of his postconviction relief motion filed under Florida Rule of Criminal Procedure 3.850. The appellate court affirmed the denial of most claims but reversed and remanded as to two claims regarding ineffective assistance of counsel fo
• Almonor v. Bankatlantic Bancorp, Inc.
  261 F.R.D. 672· S.D. Fla.· 2009-07-28 ·cited 1×
  The court held that the plaintiff is not an adequate representative for the proposed class because her economic interests conflict with those of other class members, as she may have benefited from the same conduct that harmed others.
• James T. Butler, P.A. v. Walker
  932 So. 2d 1218· Fla. 5th DCA· 2006-07-07 ·cited 1×
  Attorney James T. Butler appeals a summary judgment denying him all attorney's fees after representing the Fero family in a personal injury lawsuit. The court vacates and remands because the trial court failed to specify when and how a conflict of interest arose, and holds that e
• Miller v. State
  921 So. 2d 816· Fla. 5th DCA· 2006-03-03 ·cited 1×
  Richard Lynn Stearns Miller appeals his conviction for lewd and lascivious exhibition and solicitation to commit murder. The Fifth District Court of Appeal affirms, rejecting Miller's argument that the trial court erred in denying his motion to discharge counsel, finding that the
• Rae Ann Campellone v. Cragan
  910 So. 2d 363· Fla. 5th DCA· 2005-09-16 ·cited 1×
  This case involves consolidated appeals from a judgment on claims and counterclaims arising from the acquisition and development of real estate, with the appellate court reversing in part and remanding for a new trial on lost commissions and damages for fill and settlement fees.
• Frados v. Cont'l Cas. Co.
  363 F. Supp. 2d 1349· S.D. Fla.· 2005-02-02 ·cited 1×
  The court held that plaintiff is not entitled to a jury trial under ERISA and that defendant did not abuse its discretion in terminating disability benefits.
• Curran v. Abbott Labs. Extended Disability Plan
  331 F. Supp. 2d 1376· M.D. Fla.· 2004-07-09 ·cited 1×
  The court held that the plan administrator's decision to deny long-term disability benefits was not wrong, and therefore summary judgment for the defendant was granted.
• Freling v. Reliance Standard Life Ins.
  315 F. Supp. 2d 1277· S.D. Fla.· 2004-02-24 ·cited 1×
  The court held that the insurer's interpretation of 'regular occupation' was not reasonable because it failed to consider the specific nature of the insured's actual occupation as practiced, instead relying solely on broad Dictionary of Occupational Titles definitions.
• Lake v. Hartford Life & Accident Ins.
  320 F. Supp. 2d 1240· M.D. Fla.· 2004-01-13 ·cited 1×
  The court held that the insurer's denial of long-term disability benefits was not "wrong" under the heightened arbitrary and capricious standard, as the plaintiff's functional capacity evaluation indicated she could perform sedentary work.