Broward County Family Business Dispute Attorney

Most families in a business fight want one of three things: to keep the company running, to be bought out fairly, or to separate cleanly from relatives without losing what they put in. The Andrew M. Schwartz Legal Team handles Broward County family business dispute matters for siblings, parents and children, spouses, in-laws, and longtime friends who co-own companies and can no longer agree on who controls what. We serve owners across Broward County, including Fort Lauderdale, and throughout Palm Beach County and South Florida.

These cases are different from ordinary commercial disputes because the relationships do not end when the lawsuit does. Holiday tables, inheritances, and children’s futures are tied up in the same company. That is why the strategy often starts with a question most clients do not expect: does the relationship need to end at all, or does the ownership structure just need to change? Sometimes a negotiated buyout, a restructured operating agreement, or a mediated settlement gets a family out of the conflict faster and for far less money than a trial.

When it does need to be fought out, Florida law gives co-owners real tools, from judicial dissolution to buyout elections to emergency court orders freezing company assets. Knowing which tool fits your situation, and which deadlines apply, is where most of the early work happens.

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

The Andrew M. Andrew M. Schwartz, the firm’s 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 earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. 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 practices as a true legal team, which matters in a family dispute where facts change quickly and clients call with urgent questions. Everyone working on your matter knows the file. We keep a strict 24 hour return call policy when we are in court or otherwise unavailable. We are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that serves a client’s goals and budget rather than stretching a case out for its own sake.

On the trial side, the firm recently obtained 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 result reflects the kind of detailed, document-driven preparation family business cases demand, since they often turn on the exact wording of an agreement and the history of how the owners actually dealt with one another. We also take referrals from other attorneys, including out of state lawyers whose clients own Florida businesses or property, and we communicate with referring counsel throughout.

Types of Family Business Conflicts We Handle in Broward County

• Deadlocked Siblings After an Inheritance: Brothers and sisters who inherit a company together often split on whether to sell, reinvest, or bring in outside management. When no one holds a deciding vote, an LLC member or shareholder may be able to petition the circuit court for dissolution or another remedy.
• Parent and Child Succession Disputes: A founder wants to hold on while an adult child wants control, or one child works in the business while another does not. These disputes raise questions about compensation, voting power, and whether the founder’s promises were ever put in writing.
• Spouses and In-Laws as Co-Owners: Ownership shared through marriage becomes complicated when the marriage or the family relationship deteriorates. We address buyouts, valuation, and the separation of business interests from personal ones.
• Diverted Funds and Unexplained Withdrawals: One relative runs the books and the others notice money missing, unpaid distributions, or personal expenses charged to the company. Remedies can include claims for an accounting, breach of fiduciary duty, and recovery of funds, along with emergency relief to stop assets from being moved.
• Freeze-Outs of Minority Family Owners: A relative with majority control cuts another owner out of decisions, information, or distributions. Operating agreements, shareholder agreements, and Florida’s fiduciary duty principles all come into play.
• Family-Held Real Estate: Many family businesses own the building or land they operate from. When co-owners cannot agree, a partition action under Florida’s partition statutes, a quiet title action, or a landlord and tenant dispute between family entities may follow.
• Buyout and Valuation Fights: Even when everyone agrees someone should leave, the price is often the real battle. Valuation disputes can involve competing appraisals, discounts, and disagreements over what the company is actually worth.
• Breach of Operating or Shareholder Agreements: Family businesses frequently run on informal understandings or outdated documents. We enforce and interpret the agreements that exist and address the gaps where they do not.

What to Do Now if Your Family Business Is Coming Apart

Start by getting your documents in one place: the articles of organization or incorporation, operating agreement or shareholder agreement, any buy-sell terms, tax returns, bank statements, and recent financials. If a relative controls the books, ask for access in writing now. Written requests create a record, and a refusal can become evidence later. Do not remove records or lock anyone out of systems on your own. Self-help moves in a family dispute tend to be used against the person who made them.

Next, check your agreement for dispute provisions before anyone files anything. Many operating agreements require mediation or arbitration first, set a buyout formula, or include a deadlock sale mechanism. That last one matters: under Florida’s LLC statute, a deadlock sale provision in the operating agreement that is started before a court finds grounds for dissolution can take the place of a judicial dissolution order. Shareholder agreements for corporations can work similarly, and a pending dissolution case does not necessarily stop a shareholder from using an available deadlock sale clause. Using or missing these provisions can change the whole shape of the case.

Deadlines matter more than people expect. A claim founded on a written agreement generally must be filed within five years, while a claim on an oral or implied agreement has four. Fraud claims have a four-year period measured from discovery, subject to an outer limit of 12 years. Rescission has four years. A suit for specific performance has just one. Family businesses often run on handshake deals, so figuring out which clock applies to which claim is one of the first things we do.

If money or property is at risk of disappearing, say so immediately. Courts can issue injunctions and, in dissolution proceedings, can appoint a receiver or custodian after notice and a hearing, though the court looks for sufficient merit before doing so. In Broward County, civil cases above the county court threshold are heard in the Seventeenth Judicial Circuit, with courthouses in Fort Lauderdale, Deerfield Beach, Hollywood, and Plantation. The circuit also operates a complex business division that handles, among other matters, dissolution of certain business entities and large business litigation, and a case may be filed directly into that division under the circuit’s administrative order. Where a federal court has jurisdiction, the Southern District of Florida sits in Fort Lauderdale and West Palm Beach. We will tell you early which forum fits your dispute.

A common mistake is waiting until the relationship has completely collapsed. Earlier conversations, even mediated ones, often preserve more value and more of the family. Another is signing a quick “peace” document drafted by the other side without review. Buyout terms, releases, and non-compete language in those documents can be hard to undo.

Dissolution, Buyouts, and Court Remedies Between Co-Owners

For LLCs, Florida law lists several grounds on which a member or manager can ask a circuit court to dissolve the company. They include situations where it is not reasonably practicable to carry on the business under the articles and operating agreement, where the people in control have acted or are expected to act illegally or fraudulently, where assets are being misappropriated or wasted to the company’s injury, and where managers or members are deadlocked and irreparable injury to the LLC is threatened or occurring. In a dissolution case the court can, on a showing of sufficient merit, appoint a receiver or custodian or order that the petitioner’s interest be purchased instead.

For corporations, a shareholder may petition for dissolution or other relief on statutory grounds, including where the corporation has abandoned its business and failed to liquidate within a reasonable time. Florida also builds in an off-ramp: once certain dissolution proceedings begin, the corporation must notify the other shareholders within 30 days that they can avoid dissolution by electing to purchase the petitioner’s shares at fair value. If the parties agree on fair value and terms within 60 days after the first election is filed, the court enters an order directing the purchase on those terms. An election to purchase is irrevocable unless the court finds it equitable to set it aside or modify it, so the decision to elect deserves careful thought. During the case, the court can issue injunctions, appoint a receiver or custodian, and take other steps to preserve company assets.

These statutory tools often work best as leverage. A credible dissolution petition can bring the other side to the table on a buyout, and a well-structured buyout can end a dispute that litigation would drag on for years.

When the Family Also Owns Real Estate Together

Many Broward families hold property in the same circle as the business, whether a commercial building, rental units, or land inherited from a parent. Florida partition law lets a co-owner ask the chancery side of the circuit court to divide the property or, if division would prejudice the owners, order it sold at public auction with proceeds divided according to each owner’s share. The court appoints three commissioners to evaluate whether division is practical.

Where the co-owners are relatives who acquired the property from a family member and no agreement governs partition, the Uniform Partition of Heirs Property Act may apply, and it changes the process in meaningful ways, including added protections before a forced sale. Quiet title actions are a separate tool for clearing competing claims or removing a cloud on title, and such a case may be filed in any county where part of the land sits. We assess which path fits your goals before a complaint is drafted.

Common Questions About Family Business Disputes in Broward County

Can I sue a family member who co-owns my business?

Yes. Ownership in an LLC or corporation carries legal rights and duties no matter who the other owners are. Claims can include breach of the operating or shareholder agreement, breach of fiduciary duty, an accounting, and judicial dissolution, depending on the facts.

What is the difference between a business divorce and an ordinary lawsuit?

A business divorce is the separation of co-owners, whether through a buyout, a sale, a wind-down, or court-ordered dissolution. It focuses on how ownership and value are divided, while an ordinary lawsuit typically seeks damages for a specific wrong.

How long do I have to file a claim over a family business agreement?

For written agreements the general period is five years. For oral or implied agreements it is four. Fraud runs four years from discovery with a 12-year cap, and a specific performance action has one year. The right deadline depends on how each claim is framed.

My parent never put our understanding in writing. Is it still enforceable?

It can be, though proving an oral or implied agreement is harder and is subject to a shorter limitations period than a written one. Emails, texts, tax filings, payment history, and how the business actually operated can all serve as evidence.

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

Often, yes. In both LLC and corporate dissolution cases, Florida law allows for a purchase of the petitioner’s interest in place of dissolution. For corporations, the other shareholders or the company can elect to buy the petitioner’s shares at fair value.

Can a court freeze company funds while we fight?

Courts can issue injunctions to prevent assets from being moved or spent, and in dissolution cases can appoint a receiver or custodian after notice and a hearing. The court looks for sufficient merit before taking those steps.

What if our operating agreement has a deadlock sale clause?

That clause may control. If a deadlock sale provision is initiated before the court finds deadlock grounds, it can apply instead of a judicial dissolution order or a court-ordered buyout, provided it is actually carried out. Reading the clause carefully before filing is critical.

Does a family business case have to go to trial?

No. Many are resolved through negotiation, mediation, or arbitration. Our attorneys handle all of these as well as courtroom litigation, and we pursue the route most likely to meet your goals efficiently.

Which court would hear my dispute?

Larger civil disputes in Broward County go to the Seventeenth Judicial Circuit, which has a complex business division for certain cases. Smaller claims may fall within the county court’s limits. Federal court may be an option when federal jurisdiction exists, and the Southern District of Florida holds court in Fort Lauderdale and West Palm Beach.

I live in New York, New Jersey, or Connecticut. Can I still pursue my Florida family business case?

Yes. We regularly represent out of state owners with South Florida businesses or property. We handle local court appearances and proceedings and keep you informed so you do not need to travel for every hearing.

Will a lawsuit destroy the business?

Not necessarily. Litigation can be structured to protect operations, and the threat of court remedies often pushes parties toward a workable separation. When the relationship can be saved, we work to resolve the dispute in a way that keeps the business running.

Should I get legal help before I confront my relative?

Usually, yes. Reviewing your agreements and deadlines first lets you approach the conversation knowing your rights, and avoids statements or actions that could weaken your position later.

Serving Family Business Owners Across Broward County and South Florida

Our work for Broward County owners reaches from Fort Lauderdale and Hollywood through Pembroke Pines, Miramar, Plantation, Sunrise, Davie, and Coral Springs. We also represent clients in Pompano Beach, Deerfield Beach, Hallandale Beach, Weston, Tamarac, Margate, Coconut Creek, Parkland, Lauderhill, Oakland Park, and Wilton Manors. Family-owned companies in these communities range from restaurants and contracting firms to medical practices, distribution businesses, and real estate holding companies.

Just north, we serve Palm Beach County owners in Boca Raton, Delray Beach, Boynton Beach, and West Palm Beach, and we work with clients from New York, New Jersey, and Connecticut who hold business or real estate interests across South Florida.

Talk With a Broward County Family Business Dispute Lawyer

If you are in a standoff with a relative or longtime partner over control, money, or the future of a company, a conversation with a Broward County family business dispute lawyer at the Andrew M. Schwartz Legal Team can clarify your options before positions harden. Call to schedule a consultation, and we will review your agreements, your deadlines, and the path most likely to protect what you have built.