Florida Business Litigation Attorney

A partner stops answering emails, a distribution never arrives, or a signed contract is suddenly being ignored. When the dispute is over a company or a commercial deal, the clock and the court you file in both matter. The Andrew M. Schwartz Legal Team is a business and real estate litigation firm serving Palm Beach County, Broward County, and clients across South Florida, including owners from New York, New Jersey, and Connecticut with interests here.

Anyone searching for a Florida business litigation attorney usually has one of a few problems: co-owners who cannot agree, money that has gone missing, a contract someone refuses to honor, or a property that several people own and no one can control. Each of these has its own statute, its own deadline, and its own best forum. The sections below walk through what actually governs them.

Why Choose the Andrew M. Schwartz Legal Team for Business Litigation in Florida

The Andrew M. Schwartz Legal Team represents business owners, investors, and families in some of South Florida’s hardest business and real estate disputes, from Boca Raton and West Palm Beach to Fort Lauderdale and the communities between. Andrew M. Schwartz, Founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation, with a career built around complex contract disputes, business divorces, and conflicts among partners, LLC members, and shareholders. He holds an undergraduate degree from Emory University (1986) and a law degree from the University of Miami (1989).

Sundeep Nath, Senior Counsel, is a Northwestern-trained litigator with years of experience handling business and real estate cases in state and federal courts. The firm works as a true team: everyone on a matter knows the file, calls are answered, and a strict 24 hour return call policy applies when the attorneys are in court. Mediation and arbitration are part of the toolkit alongside courtroom litigation, and the firm looks for the outcome that fits the client’s goals and budget rather than prolonging a case for its own sake.

The firm’s trial work speaks for itself. After a five-day bench trial, a Broward County Circuit Court judge issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That kind of result depends on detailed preparation around contract language and the parties’ course of dealing, which is how every matter here is built. Many cases also reach the firm through referrals from other lawyers, including out of state counsel whose clients have Florida disputes, and the firm handles local court appearances so out of state clients do not have to travel for every hearing.

Business Disputes a Florida Litigator Handles

• Business Divorce: Co-owners who are deadlocked, disagree over valuation, or want out need a buyout, a wind-down, or a court order. Florida’s LLC and corporation statutes give courts tools such as receivers, custodians, and court-ordered purchases of a petitioner’s interest.
• Operating and Shareholder Agreement Breaches: These cases turn on exact wording, including buyout triggers, transfer restrictions, and deadlock sale provisions that can displace a court-ordered remedy if properly initiated.
• Breach of Fiduciary Duty: Managers, controlling members, and majority shareholders owe duties to the company and sometimes to minority owners. Self-dealing, excessive compensation, and freezing out a partner are common fact patterns.
• Missing Funds and Accountings: Unpaid distributions, commingled accounts, and diverted company money support claims for an accounting, recovery of funds, and emergency relief to stop assets from being spent or moved.
• Complex Contract Litigation: Purchase agreements, commercial leases, loan documents, construction contracts, and operating agreements are all enforced or defended in court, often through trial.
• Family Business Disputes: Siblings who inherited a company, parents and children with different visions, and in-laws with ownership stakes need discretion alongside firm financial protection.
• Partition and Title Actions: Co-owners of real estate can ask a court to divide the property or order a sale, and owners with clouded title can bring a quiet title action to clear competing claims.
• Injunctions: Temporary and permanent injunctions, including emergency relief, preserve company assets, property, and business interests while the case proceeds.

What to Do and How Fast When a Florida Business Dispute Breaks Out

Start by securing records. Operating agreements, shareholder agreements, bank statements, tax returns, K-1s, emails, text messages, and the company’s financial statements are the backbone of nearly every business case. Copy what you are lawfully entitled to access before relations sour further, and do not delete anything, even if it looks unhelpful.

Then check the deadlines, because they differ sharply by claim. A lawsuit on a written contract has five years. A claim on an oral or implied contract has four. Rescission also has four. Fraud has four years from discovery, with an outer cap of twelve. Specific performance of a contract has just one year, which catches many buyers of real property off guard. Negligence and most non-medical professional malpractice claims have two years. Waiting to see how a dispute plays out can quietly cost you the claim.

Next, look at what your agreements already say. Many operating agreements require mediation or arbitration first, contain buyout formulas, or set a deadlock sale procedure. Following the agreement’s required steps, or deciding not to, is a strategic call worth making with counsel before anyone sends a demand letter.

If money or property is at risk of disappearing, say so early. Courts can issue injunctions, appoint receivers or custodians, and preserve assets, but the judge must be shown a real need, and a custodian or receiver cannot be appointed in an LLC case without notice to the parties and a hearing.

Finally, know where your case will be heard. In Palm Beach County, business cases go to the Fifteenth Judicial Circuit, whose main courthouse is in West Palm Beach. In Broward County, they go to the Seventeenth Judicial Circuit, which operates courthouses in Fort Lauderdale, Deerfield Beach, Hollywood, and Plantation and maintains a complex business division for large business disputes, entity dissolution matters, and big commercial litigation. Disputes above the county court ceiling belong in circuit court, and county courts handle smaller claims. Federal court in Fort Lauderdale or West Palm Beach is also possible when the case meets federal jurisdiction requirements. Avoid the common mistakes: ignoring a contractual notice requirement, confronting a partner before preserving evidence, and assuming a landlord, partner, or buyer’s silence means the deadline has paused.

Ending a Co-Ownership: Dissolution, Buyouts, and Partition in Florida

When owners cannot work together, Florida law offers structured exits. In an LLC, a member or manager can ask a circuit court to dissolve the company on several grounds: unlawful conduct of the business, it no longer being reasonably practicable to operate under the operating agreement, illegal or fraudulent conduct by those in control, misappropriation or waste of assets causing injury, or a management deadlock that threatens irreparable harm to the company. A court may appoint a receiver or custodian, or order the company or other members to buy out the petitioner.

Corporations have a parallel framework. A shareholder petitioning for dissolution can trigger a right for the corporation, or other shareholders, to elect to buy the petitioner’s shares at fair value. If the parties agree on value and terms within sixty days of the first election, the court enters an order on those terms, and the election is irrevocable unless the court finds it equitable to modify it. The corporation must also notify the other shareholders of this option within thirty days of the proceeding starting. A shareholder agreement with a compliant deadlock sale provision may still be used alongside these proceedings.

Real property has its own exit. Partition actions are brought in equity under Chapter 64, and the complaint must describe the land, identify the owners, and state each owner’s share. If the court orders partition, it appoints three commissioners to evaluate it. When land cannot be divided without prejudice to the owners, the court may order a public sale and divide the proceeds by interest. Inherited family land may fall under Florida’s heirs property statute, which adds protections and requires a different path before a forced sale. Quiet title is a separate remedy: a plaintiff generally must trace title for at least seven years and may file in any county where part of the land sits.

Questions Florida Business Owners Ask Before Filing Suit

What is the statute of limitations for breach of contract in Florida?

For a written contract, the period is five years. For oral or implied contracts, it is four. Claims for rescission also carry four years, and specific performance carries only one, so the type of relief you want affects how quickly you must act.

Can I sue my business partner in Florida?

Yes. Partners, members, and shareholders can bring claims for breach of the governing agreement, breach of fiduciary duty, an accounting, and dissolution or a buyout, depending on the facts and what the agreement requires before suing.

What is a business divorce?

It is the separation of co-owners, resolved through a negotiated buyout, a sale of the business, a structured wind-down, or court-ordered dissolution when owners cannot agree.

Can a court force a buyout instead of dissolving the company?

Often, yes. In LLC cases the court may order the purchase of a petitioning member’s interest, and in corporate cases the corporation or other shareholders may elect to buy the petitioner’s shares at fair value to avoid dissolution.

What if my operating agreement has a deadlock sale clause?

If the clause is initiated before a court finds deadlock grounds and is carried through, it can take the place of judicial dissolution or a court-ordered buyout. The precise wording and timing matter a great deal.

Which court will hear my business case in Palm Beach or Broward County?

Larger disputes go to the Fifteenth Judicial Circuit in Palm Beach County or the Seventeenth Judicial Circuit in Broward County. Smaller civil disputes fall in county court, and small claims cover the lowest tier. Broward’s complex business division handles certain large commercial and entity matters.

Is there a faster way to stop a partner from draining company accounts?

Possibly. Courts can issue temporary or emergency injunctions and, in dissolution proceedings, appoint a receiver or custodian to preserve assets, though the court will want evidence supporting urgency.

I live in New York. Do I have to come to Florida for every hearing?

No. The firm regularly represents clients from New York, New Jersey, and Connecticut, handles the local court appearances, and keeps you informed through calls and scheduled conferences.

Can a partition action be avoided if co-owners disagree?

Sometimes. Co-owners can negotiate a buyout, a sale, or a use agreement. If they cannot, partition is available, and the court may order a sale when dividing the land would harm the owners.

How long does a business lawsuit take?

It depends on the complexity, the court, and whether the parties settle. Many disputes resolve through negotiation, mediation, or arbitration, while contested cases can proceed to a bench or jury trial.

Do I need a lawyer before sending a demand letter?

It is wise. A demand letter can trigger contractual cure periods, waive rights, or become evidence, so reviewing the governing agreement first can prevent avoidable damage to your position.

Does the firm work with other lawyers on Florida cases?

Yes. Referrals from other attorneys, including out of state counsel and Florida lawyers who do not handle business litigation, are a significant part of the practice, and the firm keeps referring counsel informed throughout.

Serving Business Litigation Clients Across South Florida

From Boca Raton, Delray Beach, and Boynton Beach, the firm represents owners and investors in Palm Beach County disputes heard in West Palm Beach and the county’s other courthouses. It also serves clients in Lake Worth, Wellington, Royal Palm Beach, Jupiter, Palm Beach Gardens, Riviera Beach, and Belle Glade, along with surrounding unincorporated communities.

In Broward County, the team works with clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Parkland, Plantation, Sunrise, Davie, Hollywood, Hallandale Beach, Pembroke Pines, and Miramar. Clients from New York, New Jersey, and Connecticut with business partners, investment properties, or co-owned real estate in these communities are also welcome, and the firm handles the local proceedings on their behalf.

Talk With a Florida Business Litigation Attorney About Your Dispute

When a partner, a contract, or a piece of property puts your investment at risk, the right first move depends on the deadline, the agreement, and the court. A Florida business litigation attorney at the Andrew M. Schwartz Legal Team can review your documents, explain which claims and remedies fit, and recommend whether negotiation, mediation, arbitration, or a lawsuit makes sense. Call to schedule a consultation and get a clear read on where you stand.