Davie Business Attorney

A business dispute that starts in Davie rarely stays in Davie. Because Davie sits in Broward County, lawsuits over company ownership, contracts, and money generally land in the Seventeenth Judicial Circuit, and larger or more intricate commercial cases can be steered into that circuit’s complex business divisions. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families in Davie, across Broward County, and into neighboring Palm Beach County.

If you are searching for a Davie business attorney, you are probably past the stage of general questions. A partner has stopped cooperating, money has gone missing, a lease or purchase agreement has been breached, or a co-owner is blocking a decision that cannot wait.

Why Choose the Andrew M. Schwartz Legal Team for Davie Business Disputes

The Andrew M. Schwartz Legal Team is a business litigation and real estate firm serving Davie, Fort Lauderdale, Boca Raton, West Palm Beach, and the rest of Broward and Palm Beach Counties, along with clients in New York, New Jersey, and Connecticut who hold business or property interests in South Florida.

Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation. He was admitted to The Florida Bar in 1989, earned his undergraduate degree at Emory University in 1986 and his law degree at the University of Miami in 1989, and has built his career around contract disputes 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 both state and federal courts. That matters in South Florida, where a dispute can end up in the Seventeenth Circuit in Broward County or in federal court in the Southern District of Florida, which holds court in Fort Lauderdale and West Palm Beach.

The firm practices as a true team: everyone working on your matter knows the file, and a strict 24 hour return call policy applies when the attorneys are in court. Our attorneys are experienced in mediation and arbitration as well as trial, and we look for the resolution that fits your goals and budget rather than stretching a case out. As proof of trial work, a recent 5-day bench trial in Broward County Circuit Court produced a 32-page final judgment awarding our client specific performance of a commercial real estate contract.

Business Problems That Bring Davie Owners to a Litigator

• Business Divorce: Co-owners who can no longer work together face a choice among a negotiated buyout, a sale, a structured wind-down, or court-ordered dissolution. Valuation is usually the hardest fight.
• LLC Member and Shareholder Disputes: Claims for breach of an operating or shareholder agreement, oppression of a minority owner, or breach of fiduciary duty by a manager or controlling owner.
• Judicial Dissolution: Under Chapter 605, a member or manager can ask the court to dissolve an LLC for grounds such as deadlock with irreparable injury, misappropriated assets, or illegal conduct by those in control. Corporate shareholders have a parallel route under Chapter 607.
• Missing or Diverted Funds: Unpaid distributions, commingled accounts, disputed capital contributions, and partners who cannot account for company money. Remedies include an accounting, recovery of funds, and emergency relief.
• Complex Contract Litigation: Purchase agreements, operating agreements, commercial leases, loan documents, and construction contracts, where the outcome often turns on exact wording and the parties’ course of dealing.
• Family Business Conflicts: Siblings who inherited a company, parents and children with different plans, or in-laws holding shares, where control and compensation collide with family ties.
• Partition and Title Disputes: Co-owners of real estate who cannot agree on its future, plus quiet title actions to clear competing ownership claims.
• Landlord and Tenant Disputes: Notice requirements and termination timing under Chapter 83 can decide a lease case before the merits are reached.

What to Do in the First Days of a Business Dispute

Start by gathering the documents that define the relationship: the operating agreement, shareholder agreement, partnership agreement, purchase contract, lease, and any amendments. Add bank statements, tax returns, capital contribution records, and emails or texts showing what each side agreed to and did. Do this before tensions harden, because access to company systems can disappear quickly once a relationship sours.

Then look at the clock. A claim on a written contract generally has five years under Florida law. A contract claim without a written instrument has four. Fraud runs four years from discovery, with an outer limit of 12 years, and rescission has four. Negligence is now two years for claims accruing after March 24, 2023, and professional malpractice claims also carry a two-year period measured from when the claim was or should have been discovered. A specific performance action has just one year, which is why real estate contract disputes demand fast attention.

If money is leaving the company or property is about to be moved, speak to a litigator about emergency injunctive relief right away. Courts can act to freeze assets in place while the case proceeds, but only if you move before the damage is done. Do not confront a partner by email in ways that create a record you will regret, do not delete anything, and do not sign a buyout or release you have not had reviewed.

On the court side, Davie cases are filed in Broward County. Disputes above the county court’s limit go to the circuit court, and the Seventeenth Circuit’s complex business court handles matters such as business entity dissolutions and large commercial litigation. Federal cases go to the Southern District of Florida. Your attorney will decide the right forum based on the claims, the amount, and the parties.

How Dissolution, Buyouts, and Partition Actually Work in Florida

Many owners assume dissolution means the business simply ends. In practice the court has more tools. In an LLC dissolution proceeding, a judge can appoint a receiver or custodian after a hearing, or order that the petitioning member’s interest be purchased instead of winding the company up. For corporations, once a shareholder petitions on certain grounds, the corporation must notify the other shareholders within 30 days 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 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.

Check your agreement first. If it contains a deadlock sale provision that is properly started before the court finds deadlock grounds, that provision can control over a judicial dissolution order. Shareholders who file for dissolution on certain grounds also keep their right to invoke a compliant deadlock sale clause.

Partition follows a different path. Florida partition actions are brought in circuit court. The complaint must describe the land, name the owners and their residences, and state each owner’s share. If the court orders partition, it appoints three commissioners. When the land cannot be divided without prejudice to the owners, the court may order a public sale and divide the proceeds by ownership share. Inherited property is treated differently: under the Uniform Partition of Heirs Property Act, property held among relatives that meets the statutory conditions must be partitioned under that law’s protections, which favor partition in kind or buyout over a forced sale.

Quiet title actions are heard in the county where any part of the land sits, and the plaintiff generally must trace title back at least seven years. They are used to cancel a conveyance or remove a cloud on title held by someone who is not the rightful owner.

Davie Business Litigation Questions, Answered

What is a business divorce?

It is the separation of co-owners, 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 partner out of my Florida LLC?

It depends on your operating agreement and the partner’s conduct. Many agreements contain buyout, expulsion, or dissociation terms, and Florida law offers remedies for serious misconduct or when the company cannot function. A review of your agreement will show which options exist.

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

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

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

Five years under Florida law. An oral or implied contract has four years. Because exceptions and accrual questions can shorten or lengthen the practical window, confirm your deadline early.

Does every business dispute end up in court?

No. Many resolve through negotiation, mediation, or arbitration, and your contract may require one of those first. We pursue whichever path is most likely to meet your goals efficiently.

Which court would hear my Davie business case?

Most state court cases are heard in Broward County, in the county court or the Seventeenth Judicial Circuit depending on the amount in controversy. Complex business matters can go to the circuit’s complex business division, and qualifying federal claims go to the Southern District of Florida.

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

In a dissolution proceeding, a court may appoint a receiver or custodian after notice and a hearing, if the petitioner shows sufficient merit. Corporate dissolution proceedings also allow injunctions and other steps to preserve assets.

What if my operating agreement has a deadlock clause?

It may control. A properly initiated deadlock sale provision can take the place of a judicial dissolution order, so the timing of who starts it can matter a great deal.

I co-own a commercial property with a former partner. Can I make them sell?

A co-owner can ask the court for partition, either dividing the property or ordering a sale with proceeds split by interest. Any written agreement among the owners about sale or buyout will shape the outcome.

Is my landlord dispute governed by a short notice period?

Often, yes. For nonpayment, a landlord’s written demand starts a three-day period that excludes weekends and court holidays. For curable non-rent violations the notice period is seven days, and some violations cannot be cured. Accepting partial rent does not automatically waive the landlord’s right to terminate, but it triggers specific steps.

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

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

Do you work with other attorneys on referrals?

Yes. A significant part of our practice comes from other lawyers, and we communicate with referring counsel throughout and respect their client relationship.

Serving Davie and the Surrounding South Florida Business Community

We represent business owners in Davie and throughout Broward County, including Fort Lauderdale, Plantation, Sunrise, Weston, Cooper City, Southwest Ranches, Pembroke Pines, Miramar, Hollywood, Hallandale Beach, Coral Springs, Parkland, Deerfield Beach, and Pompano Beach. Our reach continues north into Palm Beach County, covering Boca Raton, Delray Beach, Boynton Beach, West Palm Beach, and the communities around them.

Whether your dispute involves a family-run company, an investment property held with a former partner, or a commercial lease gone wrong, we handle the case where it is filed. The firm also serves out-of-state owners with interests anywhere in these counties.

Speak With a Davie Business Litigation Attorney

When a partner, tenant, buyer, or co-owner puts your company or property at risk, early decisions often determine the outcome. A Davie business litigation attorney at the Andrew M. Schwartz Legal Team can review your agreements, identify the deadlines that apply, and recommend whether negotiation, mediation, or court is the right path. Call to schedule a consultation and tell us what is happening.