Florida Business Litigation Attorney for New York Clients
A New York business owner who files or defends a lawsuit over a Florida company or property usually ends up in one of two places: the Fifteenth Judicial Circuit, which sits in and for Palm Beach County, or the Seventeenth Judicial Circuit, which sits in and for Broward County. Which one depends on where the property sits, where the defendant lives, or where the contract was to be performed. The Andrew M. Schwartz Legal Team is a Florida business litigation attorney for New York clients who hold a stake in a South Florida company, partnership, or piece of real estate, and it handles disputes in Palm Beach County, Broward County, and throughout the region while keeping out-of-state clients fully informed.
The disputes that bring New Yorkers to a Florida courtroom tend to share a pattern. A partner who lives in Boca Raton or Fort Lauderdale runs the day-to-day operation, while the New York investor holds an LLC membership, a minority share, or a fractional interest in a building. When the numbers stop adding up, distributions stop, or the partners stop agreeing, the investor needs someone local who can appear in court, file motions, and move quickly without the client flying down for every hearing.
Timing matters more than most out-of-state owners expect. Florida gives five years to sue on a written contract, four years on an oral one, and only one year to bring a specific performance action. Fraud claims run four years from discovery, subject to a 12-year outside limit. A New York investor who waits to see whether a dispute resolves itself can lose leverage, or lose a claim outright.
Why Choose the Andrew M. Schwartz Legal Team for Florida Disputes Involving New York Owners
The Andrew M. Schwartz Legal Team represents business owners, investors, and families in South Florida’s business and real estate disputes, with a practice built around contract litigation, business divorces, and conflicts among partners, LLC members, and shareholders. The firm serves Boca Raton, West Palm Beach, Fort Lauderdale, and communities throughout Palm Beach County and Broward County, and it regularly represents clients from New York, New Jersey, and Connecticut whose co-owners or investments are in South Florida. The firm handles the local court appearances and proceedings, so a client in Manhattan, Long Island, or Westchester does not need to travel for each hearing.
Andrew M. Schwartz, the firm’s founder, was admitted to The Florida Bar in 1989 and has spent 37 years in litigation. 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 both state and federal courts. That federal experience matters for out-of-state clients, because a dispute between a New York party and a Florida party can sometimes raise the question of whether the case belongs in state court or in the Southern District of Florida, which covers both Broward and Palm Beach Counties.
The firm works as a true legal team: everyone on a matter knows the file, and a strict 24-hour return call policy applies when the attorneys are in court. Scheduled conference calls are arranged at times that work for everyone, which counts for a lot when the client is in another time zone and another courtroom schedule. Mr. Schwartz grew up in Short Hills, New Jersey, and tri-state clients often find it easier to work with a Florida litigator who understands how business gets done in the Northeast.
On the results side, in a case tried in Broward County, the firm’s client obtained specific performance of a commercial real estate contract after a five-day bench trial, and the Circuit Court issued a 32-page final judgment. Cases like that turn on the exact wording of the agreement and the full history of the parties’ dealings, which is how the firm prepares every file. The firm is also experienced in mediation and arbitration, and it looks for the resolution that fits the client’s goals and budget rather than stretching a case out for its own sake.
Types of Florida Disputes That Involve New York Owners and Investors
- Business Divorce Between Florida and New York Co-Owners: Deadlocked management, buyouts, valuation fights, and breaches of operating or shareholder agreements often surface when one owner lives in Florida and runs the company while the other holds a passive stake from New York.
- Judicial Dissolution of an LLC or Corporation: A Florida circuit court can dissolve an LLC when members are deadlocked and irreparable injury is threatened, when assets are being misappropriated or wasted, or when carrying on the business under the operating agreement is no longer reasonably practicable. For corporations, shareholders can seek dissolution on statutory grounds, and the corporation or other shareholders may elect to buy out the petitioner at fair value.
- Missing Funds and Diverted Distributions: Out-of-state investors often discover problems only when distributions stop or the books cannot be reconciled. Claims include an accounting, breach of fiduciary duty, and recovery of funds, along with emergency relief to stop assets from being moved.
- Complex Contract Litigation: Purchase agreements, operating agreements, commercial leases, loan documents, and construction contracts tied to Florida projects, where the outcome depends on precise contract language.
- Partition Actions: Florida partition cases are heard in chancery, and the court can divide the property or, if division would prejudice the owners, order a sale and divide the proceeds. New Yorkers hold shared Florida property with former partners, siblings, and unmarried co-owners, and heirs property is subject to its own statutory framework.
- Title Disputes and Quiet Title: A quiet title complaint can be filed in any county where part of the land lies, and the plaintiff must trace title back at least seven years unless the court orders otherwise. These cases clear competing ownership claims.
- Failed Closings and Purchase Contract Disputes: Commercial and residential contracts that collapse before closing, including cases where a buyer or seller seeks specific performance.
- Family Business Disputes: Siblings, parents, and children who share ownership of a Florida business, where control, compensation, and succession have become contested.
What a New York Owner Should Do When a Florida Business Dispute Begins
Start by gathering the documents that govern the relationship: the operating agreement or shareholder agreement, the purchase agreement, loan documents, capital contribution records, and any correspondence in which the other side admitted a debt or promised a payment. Written instruments carry the longest limitations period, but they also define your rights, including any buyout, expulsion, or deadlock sale provisions. A deadlock sale clause that one owner triggers before a court finds grounds for dissolution can take priority over a judicial dissolution order, so the order of moves can matter.
Next, pull financial records you are entitled to see. If you suspect money is being diverted, say so early to counsel, because a court can issue injunctions and appoint a receiver or custodian to preserve assets while the case proceeds. In a corporate dissolution proceeding, the corporation must notify the other shareholders that they can avoid dissolution by electing to buy out the petitioner, and parties have 60 days after the first election to agree on fair value before the court steps in. These deadlines run whether or not you are in the state, which is another reason to engage a local litigator before the clock narrows your options.
Figure out where the case will be heard. A circuit-level claim above the county court threshold in Palm Beach County is filed in the Fifteenth Judicial Circuit, with civil cases heard at the main courthouse in West Palm Beach and satellite courthouses in the county. In Broward County, the Seventeenth Judicial Circuit handles circuit civil matters at the Central Judicial Complex in Fort Lauderdale, and it runs a complex business division for large business and dissolution disputes, which cases may enter through a direct filing process. Federal court sits in Fort Lauderdale and West Palm Beach for certain disputes between parties from different states.
Avoid the common mistakes. Do not confront the other owner with accusations before you understand what the agreements allow. Do not move company funds yourself to protect them, since that can create claims against you. And do not assume that a friendly relationship means the dispute will resolve on its own. Call the firm, and the attorneys can review your agreements, explain which options exist, and let you know whether a negotiated resolution, mediation, or litigation fits the situation.
Litigating From New York: How Out-of-State Clients Participate in a Florida Case
Most of what a Florida case requires can be done remotely. Pleadings, discovery, and motion practice are handled by counsel, and clients typically provide documents and testimony at key points rather than showing up for every event. The firm keeps New York, New Jersey, and Connecticut clients informed at every stage and schedules calls that fit across time zones. Depositions can often be arranged near the client, and a trial is the main event for which travel is likely.
Choice of venue deserves early attention. If the operating agreement has a forum selection clause or a mandatory arbitration provision, that language can decide whether the dispute proceeds in a Florida court, in a New York court, or before an arbitrator. A plaintiff with property in Florida generally has a strong basis to sue there, and a partition or quiet title action can be filed in any county where part of the land sits. Counsel evaluates these questions at the start, because a procedural misstep on venue can cost months.
The firm also works with referring attorneys. A significant part of its practice comes from lawyers whose clients have disputes in Florida, including New York counsel who need local representation and Florida attorneys who do not handle business litigation. The firm keeps referring counsel in the loop and respects the existing client relationship.
Questions New York Clients Ask About Florida Business Litigation
Can a New York resident sue in Florida over a business dispute?
Yes, when the dispute has a real connection to Florida, such as a Florida-based company, a Florida property, or a contract to be performed there. Florida courts regularly hear cases brought by out-of-state owners, and the firm handles the local filings and appearances.
How long do I have to file a breach of contract claim in Florida?
A claim founded on a written instrument has a five-year period. A contract claim not founded on a written instrument, such as an oral or implied agreement, has four years. A specific performance action has just one year, which surprises many clients.
Do I have to travel to Florida for every hearing?
No. The firm handles local court appearances and keeps you informed. Your presence is generally needed only for events like trial, and some proceedings can be arranged to limit travel.
Can a Florida court dissolve an LLC if my partner and I are deadlocked?
Possibly. Florida allows a member or manager to seek dissolution when members are deadlocked, cannot break the deadlock, and irreparable injury to the LLC is threatened or occurring. The court can also appoint a receiver or custodian or order a purchase of the petitioner’s interest. If your operating agreement has a deadlock sale provision, that can change the path.
What can I do if my Florida partner is taking company money?
You may have claims for an accounting, breach of fiduciary duty, conversion, and recovery of funds. In urgent cases, a court can order injunctive relief to stop assets from being moved or spent while the case is pending.
Can I force a partner out of a Florida LLC?
It depends on your operating agreement and the conduct involved. Many agreements include buyout, expulsion, or dissociation provisions, and Florida law provides remedies for serious misconduct or when the company can no longer function. An attorney can review your agreement and explain what is available.
What happens in a Florida partition action if the property cannot be divided?
The court appoints three commissioners, and if they report that division would prejudice the owners, the court may order the property sold at public auction and the proceeds divided in proportion to each owner’s interest. Heirs property follows a separate statutory process with additional protections.
Will my case be heard in state or federal court?
Most South Florida business disputes are filed in the state circuit courts for Palm Beach or Broward County. When the parties are from different states, federal court in the Southern District of Florida can be an option, and the choice depends on the claims and the strategy. Senior Counsel Sundeep Nath has handled cases in both systems.
Is it worth hiring a Florida lawyer for a smaller dispute?
Often it is worth at least a consultation. Claims below the county court ceiling are heard in county court rather than circuit court, and the right forum affects cost and speed. Early advice can also reveal whether negotiation or mediation will resolve the matter before litigation costs build.
Does every dispute have to end in a trial?
No. Many disputes resolve through negotiation, mediation, or arbitration. The firm’s attorneys are experienced in alternative dispute resolution as well as courtroom litigation, and they pursue the path most likely to meet your goals efficiently.
Can my New York attorney work with your firm?
Yes. The firm accepts referrals and co-counsel arrangements with other lawyers and communicates with referring counsel throughout the matter.
Serving New York Clients With Business and Real Estate Interests Across South Florida
The firm represents New York clients whose disputes arise in Palm Beach County and Broward County. In Palm Beach County, that includes Boca Raton, Delray Beach, Boynton Beach, Lake Worth Beach, West Palm Beach, Palm Beach Gardens, Jupiter, Royal Palm Beach, Wellington, Greenacres, and Belle Glade. In Broward County, the firm serves Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, Sunrise, Davie, Hollywood, and Weston, along with the surrounding communities.
These are the markets where New York investors tend to hold commercial buildings, condominium units, restaurants, medical practices, and shared LLC interests. The firm also serves clients from New Jersey and Connecticut with the same kinds of South Florida stakes, and it appears in the courts that cover this region on their behalf.
Speak With a Florida Business Litigation Lawyer for New York Owners
If you hold an interest in a South Florida company or property and a partner, co-owner, or counterparty has put it at risk, the Andrew M. Schwartz Legal Team can review your agreements and explain your options. As a Florida business litigation lawyer working with New York clients, the firm handles the court appearances locally and keeps you informed from the first call to the final resolution. Contact the firm to schedule a consultation and talk through what is happening with your business or property.
