Sunrise Partnership Dispute Attorney

Most owners who call about a partnership dispute want one of three things: to get paid what they are owed, to get out of a business that has stopped working, or to keep the company alive without a partner who is draining it. The Andrew M. Schwartz Legal Team is a business and real estate litigation firm that helps owners reach those outcomes, and a Sunrise partnership dispute attorney from our team represents partners, LLC members, shareholders, and minority owners in Sunrise and throughout Broward County and Palm Beach County.

The facts of these disputes are rarely abstract. A co-owner stops answering questions about the books. Distributions that were supposed to go out quarterly stop arriving. A partner signs a lease or takes on a loan without telling anyone, or the two people who each hold half of a company cannot agree on a single decision and the business stalls. In Sunrise, where commercial space, retail operations, and professional practices sit alongside family-owned companies and real estate investments, these breakdowns often involve both a business and the property it operates from, which is why the contract fight and the real estate fight frequently have to be resolved together.

What follows is a practical look at how partnership and member disputes actually play out in Florida courts, what tools exist to stop damage while a case is pending, and what you should be doing now if your relationship with a co-owner is coming apart.

Why Choose the Andrew M. Schwartz Legal Team for a Partnership Dispute

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s most difficult business and real estate disputes, serving Sunrise, Fort Lauderdale, Boca Raton, West Palm Beach, and the rest of Broward County and Palm Beach County. Clients also come to us from New York, New Jersey, and Connecticut when their partners or co-owners are here in South Florida.

Andrew M. Schwartz, Founder, has spent 37 years in litigation. He was admitted to The Florida Bar in 1989, earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989, and has built his career around contract disputes and conflicts between 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 matters in Broward County disputes, where a case can land in the circuit court or, depending on the claims and the parties, in the federal courthouse in Fort Lauderdale.

The firm practices as a true legal team, meaning everyone working on your matter knows your file and can answer when you call. We maintain a strict 24 hour return call policy when we are in court, and we are experienced in mediation and arbitration as well as courtroom litigation. Our approach is to look for the resolution that fits the client’s goals and budget rather than stretching a case out for its own sake. On the courtroom side, the firm recently secured a 32-page final judgment after a five-day bench trial in Broward County Circuit Court, awarding our client specific performance of a commercial real estate contract. That is the kind of document-driven, evidence-heavy trial work that partnership cases also demand.

The Kinds of Partnership and Co-Owner Disputes We Handle

• Deadlocked Management: Two equal owners, or two factions, who cannot agree on a budget, a hire, a sale, or a strategy. Under the Florida LLC statute, deadlock combined with threatened or actual irreparable injury to the company is a recognized ground for judicial dissolution, and many operating agreements contain their own deadlock sale provisions that may control instead.
• Breach of Operating, Partnership, or Shareholder Agreements: Disputes over capital calls, transfer restrictions, non-compete terms, buy-sell triggers, and voting rights. These cases turn on the exact wording of the agreement and on how the parties actually behaved under it.
• Breach of Fiduciary Duty: A managing member, general partner, or controlling shareholder who self-deals, usurps a business opportunity, or runs the company for personal benefit at the expense of the other owners.
• Missing or Diverted Funds: Unpaid distributions, commingled accounts, personal expenses run through the company, and managers who cannot explain where money went. Remedies include an accounting, recovery of funds, and emergency relief to freeze assets.
• Buyouts and Valuation Fights: Disagreements over what a departing owner’s interest is worth, which method of valuation applies, and whether discounts for minority status or lack of control are fair.
• Minority Owner Oppression: Majority owners who cut a minority partner out of information, compensation, or decision-making, often hoping the minority owner will give up and sell cheaply.
• Family and Friend-Run Businesses: Siblings who inherited a company together, parents and children with different visions, or spouses and in-laws who share ownership. These disputes need discretion alongside firm protection of the client’s financial interests.
• Jointly Owned Real Estate: Partners who hold property together and cannot agree on whether to keep it, sell it, or buy one another out, which can lead to a partition action or a title dispute.

What to Do Right Now If a Partner Relationship Is Breaking Down

Start by getting your documents in order before the other side realizes how serious things have become. That means the operating agreement, partnership agreement, or shareholder agreement and every amendment, along with formation documents, tax returns, financial statements, bank statements, loan documents, leases, and any emails or texts in which the other owner discusses money, control, or intentions. Do not take anything you are not entitled to access, and do not delete anything of your own. Preserve it all, because a dispute that begins as a disagreement can become litigation, and destroyed records hurt the person who destroyed them.

Next, read your agreement for the clauses that govern exits and impasse: buy-sell provisions, deadlock sale provisions, dispute resolution requirements, and any clause requiring mediation or arbitration before you can sue. Under Florida law, a deadlock sale provision in an LLC operating agreement can take priority over a court-ordered dissolution if it is initiated before the court finds that the deadlock ground exists, so the timing of your first move can change the whole shape of the case.

Deadlines matter more than most owners expect. A claim founded on a written agreement, such as an operating agreement or a partnership contract, generally has a five-year limitations period in Florida. A claim on an oral or implied agreement has four years. Fraud claims run four years from discovery, subject to an outer cap of twelve years. A claim for specific performance has only one year. Professional malpractice claims, which can arise if an accountant or attorney for the company contributed to the problem, carry a two-year period measured from when the claim was or should have been discovered. Because different claims in the same dispute can carry different clocks, waiting to see if things improve can quietly cost you a claim.

If money or assets are at risk, say so early. When a partner is moving funds, selling property, or draining accounts, the right response is often a request for a temporary injunction, and in a dissolution case the court can also appoint a receiver or custodian after notice and a hearing. For disputes in Sunrise, a case seeking more than $50,000 belongs in circuit court, which for Broward County means the Seventeenth Judicial Circuit. Broward’s circuit court has complex business divisions that handle, among other things, dissolution of certain business entities and large business litigation, and a case can be filed directly into one of those divisions using the required form. If the dispute involves property or a partner in Palm Beach County, the Fifteenth Judicial Circuit would hear it. Claims that meet federal jurisdiction rules can also be filed in the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

A common mistake is confronting the other owner in writing before you understand your position. Angry emails become exhibits, and an accusation you cannot yet prove can prompt the other side to hide records or file first. Speak with counsel before sending anything that threatens a lawsuit, demands records, or announces that you are leaving.

How Florida Law Handles Dissolution, Buyouts, and Court Intervention

When owners cannot continue together, Florida offers several routes, and which one applies depends on the entity type and the agreement. For LLCs, a member or manager can ask the circuit court to dissolve the company on specific statutory grounds: the company’s activities are being conducted unlawfully; it is not reasonably practicable to carry on the business consistent with the articles and operating agreement; controlling members or managers have acted or are expected to act illegally or fraudulently; assets are being misappropriated or wasted, causing injury; or the owners are deadlocked, cannot break the deadlock, and irreparable injury to the company is threatened or occurring. In those proceedings, a court that finds sufficient merit can appoint a receiver or custodian, or can order the company or other members to purchase the petitioner’s interest instead of shutting the business down.

For corporations, a shareholder can seek judicial dissolution on several grounds, including that the corporation has abandoned its business and failed within a reasonable time to wind up and distribute assets. Corporate law also builds in an alternative to dissolution: the corporation, or other shareholders if the corporation does not act, can elect to buy the petitioning shareholder’s shares at fair value. If the parties agree on value and terms within 60 days after the first election is filed, the court enters an order directing the purchase on those terms, and the election is irrevocable unless the court finds it equitable to set it aside or modify it. The corporation must also notify the other shareholders, within 30 days after a dissolution case begins, that they have the option to avoid dissolution by buying out the petitioner. During the case, the court can issue injunctions, appoint a receiver or custodian, and take other steps to preserve corporate assets.

This framework gives leverage to both sides, which is why the early strategy matters. A minority owner who files for dissolution may trigger a buyout at fair value rather than a liquidation, while a majority owner who ignores the notice and election deadlines can lose control over how the exit happens. Filing a dissolution action on certain grounds does not take away a shareholder’s right to use a deadlock sale provision in a compliant shareholder agreement, so these remedies can sometimes be pursued together.

When a Partnership Dispute Also Involves Real Property

Business partners often own real estate personally or through an entity, and a falling-out can leave a building, a parcel, or an investment property in limbo. Florida partition law lets a co-owner ask the circuit court to divide jointly held land or, when division would harm the owners, to order a sale. If the court orders partition, it appoints three commissioners, chosen by the parties if they agree, to evaluate whether the land can be divided fairly. If they conclude it cannot be divided without prejudice to the owners, the court may order a public sale to the highest bidder and divide the proceeds in proportion to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone consents otherwise.

When the property was inherited from a relative by co-owners and the statutory conditions are met, Florida’s Uniform Partition of Heirs Property Act can govern the case instead, which changes how a court weighs sale versus division. Title problems are a separate track. If someone holds a deed or claim that clouds your ownership, a quiet title action can ask the court to determine title and remove the cloud, and the plaintiff must generally trace title back at least seven years unless the court orders otherwise. Because our firm handles both partnership litigation and real estate litigation, we can address the company dispute and the property dispute in coordination rather than leaving gaps between them.

Sunrise Partnership Dispute FAQs

What counts as a partnership dispute?

It is any serious conflict among co-owners of a business, whether they hold interests as general partners, LLC members, or shareholders. Typical triggers are disagreements over control, money, compensation, breach of the governing agreement, or one owner acting in his or her own interest at the company’s expense.

Can I force a partner out of the business?

It depends on your operating or partnership agreement and on the partner’s conduct. Many agreements include buyout, expulsion, or dissociation clauses. Where the agreement is silent, Florida law provides court remedies when an owner has engaged in serious misconduct or the company can no longer function, but removal is not automatic.

What if my partner is taking money from the company?

You may have claims for breach of fiduciary duty, an accounting, and recovery of the funds. If the money or assets are actively moving, a court can issue an injunction to stop transfers while the case is pending, and in dissolution proceedings it can appoint a receiver or custodian after a hearing.

How long do I have to file a lawsuit?

For a claim founded on a written agreement, Florida generally allows five years. Oral or implied contract claims have four years, fraud claims run four years from discovery with a twelve-year outer limit, and a specific performance claim has one year. Different claims in one dispute can have different deadlines, so each should be evaluated separately.

Does every partnership dispute end up in court?

No. Many are resolved through negotiation, mediation, or arbitration, and some agreements require those steps before suing. Our attorneys are experienced in alternative dispute resolution and in courtroom litigation, and we pursue whichever path is most likely to reach your goal efficiently.

What is a deadlock, and why does it matter?

A deadlock occurs when owners are split and cannot make decisions needed to run the company. Under Florida’s LLC statute, deadlock plus threatened or actual irreparable injury to the company is a ground for judicial dissolution. Some operating agreements also include a deadlock sale clause that can take precedence over a court order if it is invoked in time.

Can a minority owner force the company to buy their shares?

There is no universal right to demand a buyout. However, in corporate dissolution proceedings, the corporation or other shareholders can elect to buy the petitioner’s shares at fair value, and an operating or shareholder agreement may contain its own buyout mechanism. A minority owner’s leverage often comes from the credible threat of a dissolution case.

Which court would hear my case if the company is in Sunrise?

Sunrise is in Broward County, so a state court case seeking more than $50,000 would be in the circuit court of the Seventeenth Judicial Circuit, which has complex business divisions for larger business disputes. Smaller claims can fall within county court limits, and certain disputes can be filed in federal court in Fort Lauderdale.

Do I need to hire a lawyer before my partner and I try to settle?

It is usually worth getting advice first. A lawyer can review your agreement, tell you what you are entitled to, and identify deadlines or rights you could lose by signing a hasty settlement or by writing the wrong thing in an email. A short consultation early often costs far less than correcting a poor deal later.

I live in New York or New Jersey. Can you handle my Sunrise business dispute?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut who have business or real estate interests in South Florida. We handle the local court appearances and proceedings and keep you informed so you do not need to travel for every hearing.

Can you work with my existing attorney?

Yes. A significant part of our practice comes from referrals by other attorneys, including out of state lawyers whose clients have Florida disputes. We communicate with referring counsel throughout the matter and respect the attorney’s relationship with the client.

Serving Partnership Dispute Clients Across Sunrise and South Florida

Our work starts in Sunrise and extends across Broward County, including Plantation, Davie, Tamarac, Lauderhill, Lauderdale Lakes, Coral Springs, Margate, Coconut Creek, Pompano Beach, Deerfield Beach, Weston, Pembroke Pines, Hollywood, and Fort Lauderdale. We also represent owners in Palm Beach County, from Boca Raton and Delray Beach through Boynton Beach, Lake Worth, and West Palm Beach.

Talk With a Sunrise Partnership Dispute Lawyer Before the Situation Hardens

The earlier an owner gets advice, the more options remain open: a negotiated buyout, a structured wind-down, an emergency injunction, or a lawsuit filed on your timeline rather than the other side’s. If you are weighing next steps with a co-owner, call the Andrew M. Schwartz Legal Team to speak with a Sunrise partnership dispute lawyer about where you stand, what your agreement allows, and what a realistic resolution looks like. We will give you a straightforward assessment and a plan that fits your goals and your budget.