Greenacres Partnership Dispute Attorney

When the person you built a company with stops returning your calls, stops sharing the books, or starts making decisions without you, the problem is rarely just personal. The company’s money, its customers, and your ownership stake are all exposed while the disagreement drags on. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families in Palm Beach County and Broward County, and a Greenacres partnership dispute attorney from our firm can step in before a stalled relationship turns into a lost business.

Greenacres sits in Palm Beach County, and that matters for where a lawsuit would be filed. Circuit civil cases in the county are heard by the Fifteenth Judicial Circuit, sitting in and for Palm Beach County, and the main courthouse is in West Palm Beach. If your partner, your company, or the property at issue is tied to Broward County, the Seventeenth Judicial Circuit may come into play instead. Knowing which court has the case, and which tools that court has, shapes every decision that follows.

Partnership disputes come in more shapes than people expect. Some are about money: unpaid distributions, a partner who cannot account for deposits, or capital you contributed that is now treated as a gift. Others are about control: a deadlock where two 50 percent owners cannot agree on anything, or a majority freezing out a minority. Others are about exit: one owner wants out, the other wants to keep the company, and nobody agrees on what it is worth. Each of these calls for a different first move.

Legal Routes Out of a Broken Ownership Arrangement

The first decision is whether you want to stay, leave, or force the other side out. Florida gives LLC members and shareholders different statutory tools, and the right one depends on what kind of entity you own and what your governing documents already say.

For an LLC, a manager or member can ask the circuit court to dissolve the company on specific grounds. These include a company that cannot reasonably carry on its activities under its articles and operating agreement, controlling members who have acted or are expected to act illegally or fraudulently, assets being misappropriated or wasted to the company’s injury, and a deadlock between managers or members that cannot be broken while irreparable injury to the company is threatened or occurring. Once a dissolution case is filed and shows enough merit, the court can appoint a receiver or custodian after a hearing, or order the company or other members to buy out the petitioner’s interest.

One wrinkle matters a great deal in practice. If your operating agreement contains a deadlock sale provision, such as a buy-sell or shotgun clause, and that provision is started before the court finds that deadlock grounds exist, the contractual mechanism can take the place of a judicial dissolution order. That is why reading your agreement before you file anything is not optional.

For a corporation, a shareholder can seek judicial dissolution on grounds that include abandonment of the business without a reasonable effort to wind it up. Florida also builds in a pressure valve: once a dissolution proceeding is filed, the corporation, or if it does not act, one or more shareholders, can elect to buy the petitioner’s shares at fair value. The corporation must notify the other shareholders of that option within 30 days of the proceeding starting. If the parties agree on a price 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 buy is irrevocable unless the court finds it equitable to modify it, so it is a decision to make with eyes open. Filing for dissolution also does not take away a shareholder’s right to use a compliant deadlock sale provision in a shareholder agreement.

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

The Andrew M. We serve clients in Greenacres and across Palm Beach County and Broward County, including Boca Raton, West Palm Beach, and Fort Lauderdale, as well as clients from New York, New Jersey, and Connecticut who own a business or property here with a South Florida partner.

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. Senior Counsel Sundeep Nath, a Northwestern-trained litigator, brings years of experience in business and real estate cases in both state and federal courts. The firm works as a true team, so everyone on your matter knows the file, and we keep a strict 24 hour return call policy.

The firm’s results include a recent final judgment in a Broward County commercial real estate case. After a 5-day bench trial, the circuit court issued a 32-page final judgment awarding our client specific performance of a commercial real estate contract. We are also experienced in mediation and arbitration, and we look for the resolution that fits the client’s goals and budget rather than prolonging a case for its own sake. Many clients arrive wanting the most aggressive lawyer available; what they usually need is a lawyer who matches the tactic to the situation.

Common Partnership Conflicts We Handle for Greenacres Owners

• Deadlocked Management: Two equal owners, or a board split down the middle, cannot approve a budget, a hire, or a sale. Florida’s LLC dissolution statute treats an unbreakable deadlock that threatens irreparable harm as a ground for court intervention.
• Buyouts and Valuation Fights: One owner wants out and the numbers do not match. Fair value, discounts, and the date of valuation are often the whole case.
• Breach of an Operating or Shareholder Agreement: Distribution rules, consent requirements, non-compete terms, and transfer restrictions are enforced as written, so the exact wording and the parties’ history of dealing control the outcome.
• Breach of Fiduciary Duty: A manager or controlling owner who self-deals, usurps a company opportunity, or favors one side owes duties the minority can enforce.
• Missing or Diverted Funds: Commingled accounts, unexplained withdrawals, and unpaid distributions can support claims for an accounting and recovery of the money, and sometimes emergency relief to freeze assets.
• Family Business Splits: Siblings who inherited a company together, or parents and children with different plans, need discretion as much as legal firepower.
• Co-Owned Real Estate: When the partnership’s main asset is a building or parcel, a partition action in chancery can divide the land or order a sale and split the proceeds.
• Minority Owner Freeze-Outs: Being cut from information, meetings, or compensation while a majority runs the company is a recognized basis for claims and, in the right case, dissolution or a court-supervised buyout.

What to Do Now If Your Partnership Is Coming Apart

Start by getting your documents in one place. That means the operating agreement or shareholder agreement, any buy-sell terms, articles filed with the state, tax returns, bank statements, ledgers, loan guarantees, and the emails and texts where the dispute began. If you are still a member or shareholder, you generally have a right to company information, and requesting it in writing creates a record. Do not delete anything, and do not take company files you are not entitled to, because that can hand the other side a counterclaim.

Next, check whether your agreement requires a step before suing, such as notice, mediation, or arbitration. Skipping a required step can get a case delayed or sent elsewhere. Also look for a deadlock or buy-sell clause, because as noted above, who triggers it and when can change which remedy controls.

Watch the clock. Florida gives five years to sue on a written contract and four years for oral or implied agreements, and fraud claims run four years from discovery within an outer limit of 12 years. A claim to enforce a contract by specific performance has a one-year period, which surprises many people. Waiting to see if things cool off can quietly cost you a claim.

If money is leaving the company, move faster. A court can issue injunctive relief to stop assets from being transferred or spent while the case is pending, and in a dissolution case it can appoint a receiver or custodian after notice and a hearing. If the dispute is substantial, it is likely to be filed in the Fifteenth Judicial Circuit in West Palm Beach for Palm Beach County matters, or in Broward County’s circuit court if the company or defendant is there. Broward also has a complex business division that hears matters like business entity dissolutions and large business litigation. Federal court in West Palm Beach or Fort Lauderdale is possible when the parties are from different states and the amount at stake qualifies, which is relevant for out of state owners.

Finally, avoid the most common mistake: negotiating alone by text or over dinner with a partner who has already hired counsel. Statements made in frustration become evidence. A short consultation before you reply to a demand letter is far cheaper than undoing an admission.

Co-Owned Property and Title Problems Between Partners

Many partnerships end up fighting over land. If you and a former partner, relative, or investor hold real estate together and cannot agree on its future, a partition action asks the court to divide it or sell it. All partition actions are heard in chancery. 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 court unless the parties agree. If they report that dividing the property would prejudice the owners, the court can order a sale at public auction and divide the proceeds by ownership share.

If the property came down through family, Florida’s heirs property rules apply in place of the ordinary process when the statutory conditions are met, including that the cotenants hold title as tenants in common without a binding partition agreement, at least one acquired title from a relative, and a further condition such as relatives holding twenty percent or more of the interests. Those rules push courts to consider fair market value and the family’s interest in keeping the land before ordering a forced sale.

Where ownership itself is clouded, a quiet title action lets a court cancel a conveyance or other record that casts doubt on title. The plaintiff generally must trace title back at least seven years unless the court orders otherwise, and the case can be filed in any county where part of the land lies.

Questions About Partnership Disputes in Greenacres

What counts as a partnership dispute?

It is any conflict among co-owners of a business, whether they hold their interests as general partners, LLC members, or shareholders. Typical triggers are money, control, and exit: who gets paid, who decides, and how someone leaves.

Can I force my partner out of an LLC in Florida?

It depends on your operating agreement and what the other member has done. Many agreements contain buyout, expulsion, or dissociation terms. Where they do not, Florida law offers court remedies such as dissolution or a court-ordered buyout when the grounds are met, including misappropriation of assets or an unbreakable deadlock.

My partner is taking money from the company. What can I do?

You may have claims for breach of fiduciary duty, an accounting, conversion, and recovery of the funds. If assets are at risk of being moved or spent, a court can issue injunctive relief and, in a dissolution case, appoint a receiver or custodian after a hearing.

Do I need to go to court to resolve this?

Not necessarily. Many disputes settle through negotiation, mediation, or arbitration, and some agreements require those steps first. Litigation remains the backstop when talks fail or when you need emergency protection.

How long do I have to sue my business partner?

For a claim founded on a written agreement, five years. For an oral or implied agreement, four years. Fraud is four years from discovery with a 12 year outer cap, and a specific performance action must be brought within one year. Because the right clock depends on how the claim is framed, check early.

What does a corporate shareholder buyout look like in a dissolution case?

Once a shareholder files for judicial dissolution on qualifying grounds, the corporation, or other shareholders if the corporation does not act, can elect to buy the petitioner’s shares at fair value to avoid dissolution. If the sides agree on value and terms within 60 days of the first election, the court enters an order on those terms. Otherwise the court determines fair value.

What if my operating agreement has a shotgun or buy-sell clause?

In an LLC, a deadlock sale provision that is started before the court finds deadlock grounds can displace judicial dissolution, so the order of events matters. Do not trigger or ignore such a clause without legal advice, since the price mechanism can cut both ways.

Which court would hear my case if the business is in Greenacres?

A circuit civil case would typically be filed in the Fifteenth Judicial Circuit, sitting in and for Palm Beach County. Circuit court handles claims above the county court ceiling, and dissolution, injunction, and partition matters are equitable in nature. If a defendant or the property is in Broward, the Seventeenth Judicial Circuit may be the proper forum.

Can a family business dispute be handled quietly?

Often, yes. Negotiation and mediation keep matters out of the public eye, and we handle family business disputes with discretion while still protecting your financial interests. Filed court cases are generally public, which is one reason many families try to resolve things first.

I live out of state. Can you handle a Greenacres partnership dispute for me?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut who own a South Florida business or property. We handle the local court appearances and keep you informed so you do not need to travel for every hearing.

Is it worth hiring a lawyer if my partner and I might still reconcile?

Often it is, because early advice can preserve claims, protect records, and shape a settlement without escalating. When a relationship can be saved, we work toward a resolution that keeps the business running.

Serving Partnership Dispute Clients Across Palm Beach and Broward Counties

We represent owners in Greenacres and in neighboring Palm Beach County communities including Lake Worth Beach, Lantana, Boynton Beach, Delray Beach, Boca Raton, Wellington, Royal Palm Beach, West Palm Beach, Palm Beach Gardens, Jupiter, and Belle Glade. Our reach continues south into Broward County, where we serve clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, Hollywood, and the surrounding communities. Whether the company, the property, or your partner is in one county or both, the firm handles the dispute from filing through resolution, and clients who live in New York, New Jersey, or Connecticut can work with us without relocating their case.

Talk to a Greenacres Business Partnership Attorney Before the Dispute Hardens

Partnership disputes get harder and more expensive the longer they sit. If you need a Greenacres business partnership attorney who understands how Palm Beach and Broward courts handle dissolutions, buyouts, and emergency relief, the Andrew M. Schwartz Legal Team is ready to listen. Call us to schedule a consultation and talk through your agreement, your options, and a plan that fits your goals and your budget.