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Andrew M. Schwartz Legal Team Committed to Providing High Quality Legal Representation
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Belle Glade Family Business Dispute Attorney

When a brother, a parent, or an in-law who co-owns your company stops cooperating, the business and the family relationship start failing at the same time. The Andrew M. Schwartz Legal Team handles business and real estate disputes for owners, investors, and families in Palm Beach County and Broward County, and a Belle Glade family business dispute attorney from our firm can step in before a disagreement at the dinner table becomes a frozen bank account or a locked-out owner.

Family business fights rarely start with a lawsuit. They start with a sibling who stops sharing financial statements, a parent who rewrites roles without telling anyone, or a relative who runs personal expenses through the company. Belle Glade sits in the western agricultural part of Palm Beach County, where land, farming operations, packing and trucking companies, and property held across generations are often owned by relatives. When ownership is shared by blood or marriage, the usual commercial rules still apply, but the emotional stakes change how disputes unfold.

Our job is to find out what the documents actually say, what the money actually shows, and what remedy fits. Sometimes that is a negotiated buyout. Sometimes it is an emergency motion to stop assets from being moved. Sometimes it is a court-ordered dissolution when the owners cannot coexist.

How Family Business Disputes Typically Unfold

Most of these cases follow a recognizable arc. First comes a trust problem: distributions stop, records become hard to get, or one relative begins making decisions alone. Then the communication breaks down, and each side hires someone or digs in.

The early phase is about information. We look at the operating agreement or shareholder agreement, the company’s formation documents, tax returns, bank statements, and any side arrangements the family made verbally over the years. Family businesses often run on handshakes, and that history matters when the written paper is thin or outdated.

Next comes a choice of path. Many disputes settle in mediation once each side sees the real numbers. If they do not, the case moves into circuit court, where claims can include breach of fiduciary duty, an accounting, breach of the governing agreement, and dissolution. Where assets are at risk, we ask the court for injunctive relief early rather than waiting for a final judgment.

Finally, there is the resolution: a buyout at a negotiated or court-determined value, a sale of the company, a division of assets, or a wind-down. The goal throughout is a result that fits the client’s finances and goals, not a longer fight than the facts justify.

Why Choose the Andrew M. Schwartz Legal Team for a Family Business 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 Belle Glade and the rest of Palm Beach County, along with Broward County, Boca Raton, West Palm Beach, and Fort Lauderdale.

Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and has practiced in Florida since being 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. 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 in business and real estate cases in state and federal courts.

The firm works as a true legal team, so everyone on your matter knows the file and can answer when you call. We keep a strict 24 hour return call policy when we are in court or otherwise unavailable. Our attorneys handle mediation and arbitration as well as courtroom litigation, and we look for the resolution that serves your goals and budget rather than drawing a case out for its own sake.

For a family business case, that matters. Our recent work includes a five-day bench trial in Broward County Circuit Court that ended in a 32-page final judgment awarding our client specific performance of a commercial real estate contract. Cases that turn on contract language, ownership records, and how the parties dealt with each other are the kind of cases we try and win.

Common Family Business Disputes We Handle

  • Sibling Disputes After Inheritance: Brothers and sisters who inherit a company together often disagree on who runs it, who is paid, and whether to sell. These cases can involve deadlocked management, valuation fights, and requests for buyouts or dissolution.
  • Parent and Child Disagreements Over Control: An older generation holding onto authority, or a younger one pushing for change, can lead to claims over compensation, decision-making power, and succession promises that were never put in writing.
  • Spouses and In-Laws as Co-Owners: Ownership shared through marriage becomes complicated when the relationship ends or the family splits. Disputes involve who actually holds an interest, what it is worth, and whether a buyout is possible.
  • Diverted Funds and Personal Expenses: A relative running personal costs through the company, taking unauthorized distributions, or commingling accounts can support claims for an accounting, breach of fiduciary duty, and recovery of funds.
  • Breach of Operating or Shareholder Agreements: Many family companies use agreements drafted years ago or copied from a template. Disputes turn on what those documents require for votes, transfers, and exits.
  • Minority Owner Freeze-Outs: A relative with a smaller stake may be cut off from information, distributions, or employment. Florida law gives minority owners remedies, and the right one depends on the entity type and the facts.
  • Jointly Held Land and Property: Family farmland and real estate held among relatives can lead to partition actions, where the court divides the property or orders it sold and the proceeds shared. Title disputes and quiet title actions can follow when ownership records are unclear.
  • Judicial Dissolution: When owners are deadlocked, assets are being wasted, or the company cannot operate under its agreement, a court can be asked to dissolve it or order another remedy such as a buyout.

What to Do Now If a Relative Co-Owner Is Putting the Business at Risk

Start by gathering what you can lawfully access. That means the operating agreement or shareholder agreement, articles of organization or incorporation, tax returns, financial statements, bank records you are entitled to see, and emails or texts that show what was agreed. Do not take records you have no right to, and do not delete anything. Preserving evidence protects you.

Next, stop making informal side deals. In family businesses, a casual text or a verbal promise can later be treated as an admission or a modification. Keep communications with your relative civil and brief, and avoid agreeing to anything about ownership, payments, or control until someone has reviewed the documents.

Watch the clock. A claim founded on a written agreement generally must be filed within five years under Florida law, while an oral or implied contract claim has four years. A fraud claim runs four years from discovery, with an outer limit of 12 years. A claim seeking specific performance has just one year. These deadlines make early review worth doing even if you hope to settle.

If money or property is being moved, say so quickly. A court can order injunctive relief to stop assets from being spent or transferred while a case is pending, and that request is far more effective before the funds are gone.

On where these cases are heard: Palm Beach County disputes belong in the Fifteenth Judicial Circuit, and Belle Glade has a west county courthouse used by the Clerk. Cases above the county court limit, and cases seeking dissolution or injunctions, are heard in circuit court, with the main civil courthouse in West Palm Beach. If the company or property is in Broward County, the Seventeenth Judicial Circuit applies, and it has a complex business division that handles dissolution of certain entities and large business litigation. Federal court in the Southern District of Florida sits in West Palm Beach and Fort Lauderdale for cases that qualify.

The most common mistake is waiting. Owners hope a relative will cool down, while records go missing and money keeps leaving. Another is assuming family ties limit the remedies. They do not; the same duties and claims apply.

Florida Dissolution and Buyout Remedies in Family-Owned Companies

When co-owners cannot continue together, Florida law provides structured exits. For an LLC, a member or manager can ask the circuit court to dissolve the company on specific grounds. These include situations where it is not reasonably practicable to carry on activities under the articles and operating agreement, where controlling members or managers have acted or are expected to act illegally or fraudulently, where assets are being misappropriated or wasted and that causes injury, and where managers or members are deadlocked and irreparable injury to the company is threatened or occurring. In these proceedings the court may, once a claim shows enough merit, appoint a receiver or custodian after a hearing, or order a purchase of the petitioning member’s interest.

Operating agreements sometimes contain a deadlock sale provision. If one is started before the court finds deadlock grounds, that provision generally controls instead of a judicial dissolution order or court-ordered purchase, so what your agreement says can decide the whole path.

For corporations, a shareholder can seek judicial dissolution on statutory grounds, including where the business has been abandoned and not wound up within a reasonable time. Within 30 days after such a case begins, the corporation must notify the other shareholders that they can avoid dissolution by electing to buy the petitioner’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. Once made, an election to purchase is irrevocable unless the court finds it equitable to set it aside or modify it. During the case, a court can issue injunctions, appoint a receiver or custodian, and take steps to preserve company assets.

These remedies shape negotiation. A relative who sees that a court can force a buyout or appoint a custodian is often more willing to discuss fair terms.

Family Property: Partition and Title Problems

Family businesses and family land often travel together. When relatives co-own real estate and cannot agree, Florida law allows an owner to ask the court for partition. The complaint must describe the land, identify the owners and where they live, and state each owner’s share. If the court orders partition, it appoints three commissioners, chosen by the parties if they agree. If the commissioners report that the land cannot be divided without prejudice to the owners, the court may order it sold at public auction and the proceeds shared in proportion to ownership.

Property inherited among relatives can fall under Florida’s heirs property rules, which apply to partition actions filed on or after July 1, 2020. When a property qualifies, the court must follow the heirs property procedure unless all cotenants agree otherwise in writing, and partition in kind is not entered unless the commissioners considered the statutory factors and found that division would prejudice the cotenants as a group. One qualifying condition is that twenty percent or more of the interests are held by cotenants who are relatives.

Title disputes are a separate problem. A quiet title action asks the court to determine ownership and remove a cloud on title, and it can be filed in any county where part of the land sits. The plaintiff must generally trace title back at least seven years before filing unless the court orders otherwise.

Questions About Family Business Disputes in Belle Glade

Do family business disputes follow different legal rules than other business disputes?

No. Operating agreements, shareholder agreements, fiduciary duties, and Florida’s dissolution statutes apply the same way regardless of family ties. What changes is the practical side: informal arrangements, unwritten understandings, and emotional history shape how these cases are negotiated and tried.

Can I force a relative out of the company?

It depends on your governing agreement and the conduct involved. Many agreements include buyout, expulsion, or dissociation provisions, and Florida law offers remedies when a member has engaged in serious misconduct or the company cannot function. Someone needs to review your documents before you decide which route fits.

What if there is no written operating agreement or shareholder agreement?

Florida’s default statutory rules fill the gap, and the parties’ history of dealings becomes important evidence. Oral agreements can be enforced in some circumstances, but they carry a shorter limitations period than written contracts, so do not delay.

What can I do if a family member is taking money from the company?

You may have claims for breach of fiduciary duty, an accounting, conversion, and recovery of the funds. In urgent situations, a court can order injunctive relief to stop assets from being moved or spent while the dispute is pending.

How long do I have to file a lawsuit?

A claim based on a written agreement has a five-year limit, and an oral or implied contract claim has four years. A fraud claim has four years from discovery, capped at 12 years. A claim for specific performance has one year. Because the deadlines differ by claim, having them reviewed early matters.

Will a lawsuit destroy the family relationship?

Litigation can strain relationships, but so can leaving a dispute to grow. Many family cases resolve through negotiation or mediation, and we handle them with the discretion they need. When a relationship can be saved, we work toward a resolution that keeps the business running.

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

Yes. In dissolution proceedings, a court can appoint a receiver or custodian after notice and a hearing, and it can issue injunctions to preserve assets. These steps are used when assets are at risk or the company cannot be managed during the dispute.

My relatives and I co-own farmland. Can one of us force a sale?

An owner can ask the court for partition, which divides the land or orders its sale if division is not practical. If the property qualifies as heirs property, a special procedure applies that adds protections for cotenants, including an opportunity to buy out the interest of the owner requesting partition.

I live in New York, New Jersey, or Connecticut. Can you handle a dispute over a Florida family business?

Yes. We regularly represent clients from those states who own businesses or real estate in Palm Beach County and Broward County. We handle the local court appearances and keep you informed so you do not have to travel for every hearing.

Is it worth hiring a lawyer if the amount in dispute is modest?

Often it is worth at least a consultation. Disputes under the county court limit are heard in county court, while larger ones and those seeking dissolution or injunctions go to circuit court. Early advice can show whether your claim is worth pursuing and whether mediation will resolve it faster and for less.

Does every family business dispute go to trial?

No. Many resolve through negotiation, mediation, or arbitration. Our attorneys are experienced in alternative dispute resolution as well as courtroom litigation, and we recommend the route most likely to achieve your goals efficiently.

Do you work with other lawyers on these cases?

Yes. A significant part of our practice comes from referrals by other attorneys, including out of state lawyers whose clients have disputes in Florida and Florida lawyers who do not handle business litigation. We communicate with referring counsel throughout the matter.

Serving Family Business Clients Across Belle Glade and Palm Beach County

We represent family business owners in Belle Glade and the surrounding western Palm Beach County communities, including Pahokee, South Bay, Canal Point, and Clewiston-area families with ties to the Glades. Our work extends east through Wellington, Royal Palm Beach, Loxahatchee, and Greenacres, and into West Palm Beach, Lake Worth Beach, Boynton Beach, Delray Beach, and Boca Raton.

Further north in Palm Beach County, we serve clients in Palm Beach Gardens, Jupiter, North Palm Beach, Riviera Beach, and Lantana. We also represent clients across Broward County, including Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, Hollywood, and Davie, and throughout South Florida. Clients from New York, New Jersey, and Connecticut who hold business or real estate interests here work with us as well.

Whether your family company operates in the Glades or in the coastal cities, the dispute usually involves the same questions: who owns what, where the money went, and how to separate or reorganize on fair terms.

Talk With a Belle Glade Family Business Dispute Lawyer Today

If a relative co-owner is shutting you out, moving company money, or refusing to resolve a deadlock, the situation tends to get harder to fix with time. A conversation with a Belle Glade family business dispute lawyer from the Andrew M. Schwartz Legal Team can clarify your rights under your agreement and Florida law, and show what options exist for protecting the company or exiting it on fair terms.

Call our team to schedule a consultation. We will review your documents, explain your remedies, and recommend a path that fits your goals and your budget.

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