West Palm Beach Business Attorney

The hardest business problems in Palm Beach County rarely come from outside competitors; they come from the person who signed the operating agreement next to you. A West Palm Beach business attorney is often called in not to build something, but to untangle it: a partner who stopped accounting for the money, co-owners who deadlocked over a sale, a lease or purchase contract that one side refuses to honor. The Andrew M. Schwartz Legal Team handles business litigation, real estate litigation, partnership and member disputes, and outside general counsel work for owners, investors, and families in West Palm Beach, throughout Palm Beach County, and across Broward County.

Business disputes in this market have a particular texture. Many companies here are held by a small group of owners, often relatives or longtime friends, and many owners live elsewhere while their property, partners, or operating company sit in South Florida. A dispute can start as a quiet disagreement over distributions and end with frozen operations, competing claims to the same asset, or a judge deciding who controls the company. Knowing which remedy fits, and how quickly it must be pursued, usually matters more than any single argument made in a courtroom.

The sections below walk through the kinds of disputes that bring owners to a business lawyer in West Palm Beach, the deadlines that quietly decide whether a claim survives, the courts that hear these cases, and what to do in the first days after a relationship with a partner or counterparty breaks down.

Why Choose the Andrew M. Schwartz Legal Team for West Palm Beach Business Disputes

The Andrew M. The firm serves clients in West Palm Beach, Boca Raton, Fort Lauderdale, and throughout Palm Beach County and Broward County, along with clients from New York, New Jersey, and Connecticut who hold business or real estate interests here. The work centers on business divorce, partnership and LLC member disputes, complex contract litigation, missing-funds cases, partition and title actions, and injunctions, with outside general counsel services for companies that want a litigator involved before a dispute starts.

Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and was admitted to The Florida Bar in 1989. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989, and his career has been built around contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience handling business and real estate cases in both state and federal courts. That federal experience matters in this market, since the Southern District of Florida holds court in West Palm Beach and Fort Lauderdale.

Results show how that experience translates. After a five-day bench trial, a Broward County circuit judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. Winning specific performance means persuading a court to compel the deal itself rather than award money in its place, and it depends on careful proof of the contract’s terms and the parties’ history.

The firm practices as a true legal team, so everyone working on a matter knows the file and can answer when a client calls. There is a strict 24 hour return call policy when the attorneys are in court, and scheduled conference calls can be arranged around clients’ schedules. The firm is experienced in mediation and arbitration as well as litigation, and Andrew’s stated view is that most clients want a lawyer who uses finesse when finesse will do and who keeps fees in proportion to what is at stake. A significant part of the practice also comes from referrals by other attorneys, both Florida lawyers who do not handle business litigation and out of state counsel whose clients have disputes here.

Business Disputes That Bring Owners to a West Palm Beach Business Lawyer

• Business Divorce: Co-owners who can no longer work together may need a negotiated buyout, a sale, a structured wind-down, or court-ordered dissolution. Valuation fights and deadlocked management are the usual flashpoints.
• LLC Member and Shareholder Disputes: Breaches of operating or shareholder agreements, freeze-outs of minority owners, and disagreements over who has authority to bind the company. Florida’s LLC statute lists specific grounds for judicial dissolution, including deadlock and misappropriation of assets.
• Breach of Fiduciary Duty: Managers, majority owners, and partners owe duties to the company and co-owners. Self-dealing, undisclosed side deals, and use of company opportunities for personal gain are common claims.
• Missing Funds and Unpaid Distributions: Commingled accounts, diverted company money, disputed capital contributions, and managers who cannot account for cash. Remedies include an accounting, recovery of funds, and emergency relief to freeze assets.
• Complex Contract Litigation: Purchase agreements, operating agreements, commercial leases, loan documents, and construction contracts. These cases often turn on precise wording and the parties’ course of dealing.
• Family Business Conflicts: Siblings who inherited a company, parents and children with different visions, or in-laws who share ownership. Control, compensation, and succession are the central questions, and discretion matters.
• Partition and Title Disputes: Former partners, heirs, and unmarried co-owners who cannot agree on shared real estate, plus quiet title actions to clear competing ownership claims.
• Injunctions: Temporary and permanent injunctions, including emergency relief, to protect assets, property, and business interests while the case is pending.

Deadlines and First Moves When a Business Relationship Breaks Down

The most useful thing a business owner can do early is find out how much time remains on each possible claim, because Florida’s limitation periods differ sharply by claim type. A lawsuit founded on a written contract generally must be filed within five years, while a claim on an oral or implied agreement has four. Fraud claims run four years from discovery, with an outer cap of twelve years. Rescission of a contract is four years. Claims for specific performance are far shorter: one year. That last figure surprises owners who assume they have the full contract period, and it is why a refused closing or a broken purchase agreement needs attention quickly. Negligence claims are now two years for causes of action arising after March 24, 2023, and professional malpractice claims, other than medical, carry a two-year period measured from when the claim was or should have been discovered.

Beyond deadlines, the first days matter for evidence. Gather the operating agreement or shareholder agreement and every amendment, the articles of organization, tax returns, bank and credit card statements, capital contribution records, and the email and text history showing how decisions were made and money moved. Do not delete anything, and do not confront a partner in writing in ways that hand the other side a narrative. If you suspect funds are being moved, say so to counsel before acting, because a court can be asked for emergency injunctive relief, and the timing of that request often decides whether the assets are still there.

Read the governing documents for dispute provisions before anything else. Many agreements require mediation or arbitration, set a venue, specify a buyout formula, or include a deadlock sale mechanism. In an LLC dissolution case, a properly initiated deadlock sale provision can take the place of a court-ordered dissolution, so the order in which steps happen can control the outcome. Likewise, in a corporate dissolution case brought by a shareholder, the corporation or the other shareholders may elect to buy out the petitioner at fair value, and if the parties agree on value and terms within 60 days of the first election, the court enters an order on those terms.

On the practical side, cases in Palm Beach County are filed in the Fifteenth Judicial Circuit, whose main civil courthouse is in West Palm Beach. Circuit court generally handles disputes above the county court threshold, and county court handles smaller claims, so the amount in controversy determines where the case belongs. Broward County disputes go to the Seventeenth Judicial Circuit, which maintains complex business divisions for matters such as dissolution of certain business entities and large business and construction cases. Federal cases may be heard in the Southern District of Florida, which sits in both West Palm Beach and Fort Lauderdale. Choosing the right court, and the right county when property or parties span two, is part of the strategy from day one.

How Florida Courts Handle Dissolution, Buyouts, and Partition

When owners cannot separate on their own, Florida statutes give courts specific tools. For an LLC, a manager or member can seek judicial dissolution on grounds that include conduct of the company’s affairs unlawfully, impracticability of carrying on activities under the operating agreement, illegal or fraudulent conduct by those in control, misappropriation or waste of assets that causes injury, or a deadlock among managers or members that cannot be broken and threatens irreparable injury. On a showing of sufficient merit, the court can appoint a receiver or custodian, after a hearing with notice to the parties, or order a buyout of the petitioning member’s interest. For a corporation, a shareholder can seek dissolution on statutory grounds, and the court may issue injunctions, appoint a receiver or custodian, and take steps to preserve corporate assets while the case proceeds. Within 30 days of a shareholder’s filing under the main grounds, the corporation must notify the other shareholders that they can avoid dissolution by electing to purchase the petitioner’s shares, and that election is irrevocable unless the court finds it equitable to modify it.

Partition is the parallel tool for jointly owned real estate, and it lives in the chancery side of the court. The complaint must describe the land, identify the owners and their residences, and state each owner’s share. The court appoints three commissioners to evaluate whether the property can be divided fairly. If the commissioners report that division would prejudice the owners, the court may order a sale at public auction and divide the proceeds in proportion to each owner’s interest. Where a sale on credit is permitted for good cause, at least one-third of the purchase money must be paid down unless all parties consent otherwise. Property inherited among relatives may qualify as heirs property under Florida’s Uniform Partition of Heirs Property Act, which changes the process and limits a forced sale, so classification of the property can reshape the whole case.

Quiet title actions work differently. They ask the court to determine who owns land and to clear competing claims or cancel a conveyance that clouds title, and they may be filed in any county where part of the land lies. Plaintiffs must trace title back at least seven years unless the court orders otherwise. Related adverse possession claims require seven years of continuous possession under the statutory requirements, which is why long-tolerated informal arrangements between co-owners or neighbors can ripen into ownership disputes.

Common Questions About Business Disputes in West Palm Beach

What does a business attorney in West Palm Beach actually do in a dispute?

A business litigation attorney reviews the governing agreements, identifies the claims and defenses available, protects assets through emergency relief when necessary, and pursues negotiation, mediation, arbitration, or trial depending on what the client needs. Much of the early value comes from knowing which remedy fits the facts before positions harden.

What is a business divorce?

It is the separation of co-owners of a company, whether partners, LLC members, or shareholders. It can end in a negotiated buyout, a sale of the business, a structured wind-down, or court-ordered dissolution when the owners cannot agree.

Can I force a business partner out of an LLC in Florida?

That depends on the operating agreement and the conduct involved. Many agreements contain buyout, expulsion, or dissociation provisions, and Florida law provides remedies when a member has engaged in serious misconduct or the company can no longer function. An attorney needs to read the agreement before advising which path is realistic.

What can I do if a partner is taking money from the business?

You may have claims for breach of fiduciary duty, an accounting, conversion, and recovery of the funds. When assets are at risk of being moved or spent, a court can order injunctive relief while the case is pending, so speed matters.

How long do I have to sue for breach of a written contract?

Five years under Florida law for a claim founded on a written instrument, and four years for oral or implied contracts. A claim seeking specific performance carries a one-year period, which is much shorter and often overlooked.

Does every business dispute end up in court?

No. Many resolve through negotiation, mediation, or arbitration, and some agreements require those steps before a lawsuit can be filed. The firm pursues whichever path is most likely to reach the client’s goals efficiently.

What if my operating agreement has a deadlock sale clause?

If the clause is initiated before the court finds that deadlock grounds exist, it can apply in place of a court-ordered dissolution or buyout, provided it is carried through. Because timing and sequence can change which remedy governs, the clause should be reviewed before anyone files anything.

Can a court appoint someone to run the company during a dispute?

In a dissolution proceeding, a court can appoint a receiver or custodian on a showing of sufficient merit, after a hearing with notice to the parties. That is a significant step, typically reserved for cases involving asset waste, misconduct, or paralysis of the business.

I live in New York or New Jersey but own a business or property here. Can you handle my case?

Yes. The firm regularly represents clients from New York, New Jersey, and Connecticut with South Florida interests, handles the local court appearances, and keeps clients informed so they do not need to travel for every hearing.

How do I know whether my case belongs in county court or circuit court?

Amount in controversy is the main dividing line. County court hears civil claims up to a statutory ceiling, while circuit court hears larger disputes and certain cases regardless of amount, such as matters in equity. Because the ceiling is adjusted periodically, an attorney should confirm the current threshold when filing.

Do you work with other attorneys on Florida matters?

Yes. A meaningful share of the firm’s cases come from other lawyers, including out of state counsel whose clients have Florida disputes. The firm communicates with referring counsel throughout and respects the referring lawyer’s relationship with the client.

Can an outside general counsel arrangement prevent disputes?

It often does. Through its general counsel program, the firm serves as a company’s registered agent and helps with contract, compliance, and operational questions. Having a litigator review agreements before a problem arises frequently keeps a disagreement from becoming a lawsuit.

Serving Business Owners and Investors Throughout Palm Beach and Broward Counties

The firm’s work for West Palm Beach clients extends across the county line to line. From downtown West Palm Beach and the surrounding Palm Beach County communities of Palm Beach Gardens, Jupiter, Lake Worth Beach, Royal Palm Beach, Wellington, Boynton Beach, Delray Beach, and Belle Glade, the firm represents owners, investors, and families in partnership disputes, contract cases, and real estate conflicts. In southern Palm Beach County, that includes clients in Boca Raton and neighboring communities.

The same coverage continues into Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, Hollywood, Davie, and the surrounding communities, where property and business interests of Palm Beach County owners frequently overlap. Clients from New York, New Jersey, and Connecticut who hold interests in these areas are also served, with local court appearances handled by the firm so that distant owners can stay involved without constant travel.

Speak With a West Palm Beach Business Litigation Attorney

When a partner, co-owner, or counterparty puts your company, your investment, or your property at risk, the sooner the facts and documents are in front of a lawyer, the more options remain available. The Andrew M. Schwartz Legal Team brings 37 years of litigation experience in business and real estate disputes to owners throughout Palm Beach County and Broward County. Call to speak with a West Palm Beach business litigation attorney about your situation and the deadlines that may apply.