Conflicting Interests

24 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Baker v. State
  202 So. 2d 563· Fla.· 1967-09-20 ·cited 67×
  Baker and Dalton were convicted of felony murder and sentenced to death for the beating death of Francis MacKenzie during a robbery. The Florida Supreme Court reversed their convictions on the ground that their joint representation by court-appointed counsel violated their Sixth
• Bd. OF Educ. OF the City OF NEW York & Irving Anker v. Ewald Nyquist
  590 F.2d 1241· 2d Cir.· 1979-01-09 ·cited 59×
  An attorney should not be disqualified based solely on an appearance of impropriety; there must be a reasonable belief that the conduct may affect the outcome of the case. In this instance, there was no appearance of impropriety.
• THE Florida BAR v. Reid F. Moore
  194 So. 2d 264· Fla.· 1966-09-28 ·cited 22×
  The Florida Bar disciplined attorney Reid F. Moore for representing conflicting interests in the administration of a trust, seeking improper legal opinions, charging excessive contingent fees, and withholding information from remainder beneficiaries. The court reversed the Board
• Cmty. Counselling Serv. v. Reilly
  317 F.2d 239· 4th Cir.· 1963-05-01 ·cited 20×
  A former employee's pretrial deposition admissions can be used as substantive evidence against him, even if he testifies at trial.
• Phelan v. Middle States OIL Corp.
  220 F.2d 593· 2d Cir.· 1955-01-11 ·cited 20×
  The court held that the appellants must bear the entire cost of printing the Joint Appendix due to the unanimous dismissal of a claim against one appellee.
• Ehrman v. Cook Elec. Co. & N. Telecom Ltd.
  630 F.2d 529· 7th Cir.· 1980-09-17 ·cited 10×
  The court held that the plaintiff presented sufficient evidence to create jury questions on the existence of an implied agreement for a finder's fee and whether he was the procuring cause of the merger, and also on the issue of damages.
• Wellington v. Louie L. Wainwright
  214 So. 2d 28· Fla. 1st DCA· 1968-09-12 ·cited 10×
  The court held that the rule requiring separate counsel does not apply when defendants enter guilty pleas.
• Prichec v. Tecon Corp.
  139 So. 2d 712· Fla. 3d DCA· 1962-04-10 ·cited 9×
  Cuba and its agencies challenged orders denying their motion to disqualify opposing counsel who had previously represented them in 1960-1961 before switching to represent the plaintiff against them in the same matter. The court held that the attorneys violated the Canons of Ethic
• THE Florida BAR v. Lehrman
  485 So. 2d 1276· Fla.· 1986-04-10 ·cited 8×
  The Florida Bar disciplined attorney Jeffrey Lehrman for professional misconduct arising from his arrangement of a high-interest loan to former client Donald Guiking, secured by valuable mortgages. The court upheld findings of violations of the Code of Professional Responsibility
• Hovsons, Inc. v. The Sec'y OF the Interior OF the United States
  711 F.2d 1208· 3d Cir.· 1983-07-13 ·cited 8×
  The court held that it had jurisdiction to hear the appeal and denied the motion to disqualify counsel, affirming the district court's grant of summary judgment on Counts I and II and its abstention on Count III.
• Fielding v. Brebbia
  399 F.2d 1003· D.C. Cir.· 1968-07-25 ·cited 8×
  The court held that the first count of the amended complaint sufficiently stated a claim for breach of fiduciary duty, but the second count for intentional falsehood was inadequately pleaded as an independent claim.
• Sheridan v. Perpetual Bldg. Ass'n
  299 F.2d 463· D.C. Cir.· 1962-02-01 ·cited 8×
  The court held that a fiduciary with conflicting interests bears the burden of proving faithfulness to the trust, and the lower court did not apply this rule with sufficient scrutiny.
• THE Florida BAR v. Dougherty
  541 So. 2d 610· Fla.· 1989-04-06 ·cited 6×
  The Florida Supreme Court determined that a public reprimand was necessary for an attorney who mishandled a trust account, disagreeing with the referee's recommendation of a private reprimand.
• Carlisle Davidson and Frank O. Fredericks v. Lazarus Joseph & David I. Shivitz-Appellees. In the Matter of The Sire Plan Mgmt. Corp.
  354 F.2d 946· 2d Cir.· 1966-01-20 ·cited 6×
  The court held that the indenture trustees were estopped from terminating the leases because they acquiesced in the reorganization proceedings and allowed the reorganization trustees to expend significant resources to benefit the fractional interest holders.
• The Breakers OF Fort Walton Beach Condos., Inc. v. Atl. Beach Mgmt., Inc.
  552 So. 2d 274· Fla. 1st DCA· 1989-11-14 ·cited 5×
  A condominium association appealed the dismissal of counts seeking termination of a management contract, breach of contract damages, appointment of a receiver, and injunctive relief against the management company and developer. The court affirmed dismissal of counts seeking termi
• Barnhart v. Hovde
  490 So. 2d 1271· Fla. 5th DCA· 1986-05-22 ·cited 4×
  Subsequent court approval of a trustee's sale is sufficient to cure the failure to obtain prior court authorization, especially when the sale is in the beneficiaries' best interest.
• In re Granada Apts. v. Granada Apts. Hotel Corp.
  155 F.2d 882· 7th Cir.· 1946-06-06 ·cited 4×
  A trustee is entitled to reimbursement for expenses, including attorney fees, incurred in successfully defending against a debtor's attempt to surcharge or falsify the trustee's account or obtain a money judgment for alleged misfeasance.
• United States v. Harbolt
  426 F.2d 1346· 5th Cir.· 1970-06-02 ·cited 2×
  The court held that the district court properly denied the motion to vacate sentence without an evidentiary hearing.
• 32 W. Randolph Corp. v. Blackman
  222 F.2d 54· 7th Cir.· 1955-05-11 ·cited 2×
  The court held that an attorney's statutory lien in Illinois does not grant the broad scope asserted in the cross and counterclaim. The court reversed and remanded one appeal to hear evidence on remaining issues, while affirming the dismissal of the cross and counterclaim in the
• Irving Air Chute Co., Inc. v. Commissioner of Internal Revenue
  143 F.2d 256· 2d Cir.· 1944-06-15 ·cited 2×
  The court held that when a licensee deducts British income tax from royalties due to a patentee and pays that tax, the patentee is considered to have paid that portion of the tax.
• THE Florida BAR v. Stone
  538 So. 2d 460· Fla.· 1989-02-16
  The Florida Bar disciplined attorney Charles W. Stone for professional misconduct arising from his representation of multiple parties with conflicting interests in a stock sale transaction and his arrangement of a usurious loan. The Florida Supreme Court affirmed findings of inad
• Smith v. Smith
  158 Fla. 628· Fla.· 1947-03-14
  The Florida Supreme Court affirmed a declaratory decree allowing Henry L. Smith, the sole surviving trustee, to continue administering his father's estate trust despite the will's provision that a foreign Massachusetts bank would assume trusteeship upon the death of all three ori
• Dunn v. Reading Tr. Co.
  121 F.2d 854· 3d Cir.· 1941-06-30
  A trustee bank that advanced funds to cover mortgagor defaults can be held liable to bondholders either for breach of trust due to assuming conflicting interests or by estoppel due to misrepresentation and concealment.