Lake Worth Beach Business Attorney
A co-owner has stopped answering calls, the company account looks lighter than it should, and the operating agreement says nothing useful about what happens next. That is the point where owners in Lake Worth Beach start searching for a Lake Worth Beach business attorney. The Andrew M. Schwartz Legal Team handles business litigation, partnership and member disputes, contract disputes, and real estate litigation for clients in Lake Worth Beach, the rest of Palm Beach County, Broward County, and across South Florida.
Business problems here rarely look like textbook cases. A small retail or service company on the Lake Avenue corridor, a rental property split among siblings, a family operation that outgrew its handshake agreement: each turns on a few documents, a few dates, and a handful of choices made early. The decisions you make in the first weeks, such as whether to demand an accounting, whether to seek emergency relief, whether to negotiate a buyout or file suit, tend to shape everything that follows.
Why Choose the Andrew M. Schwartz Legal Team for Lake Worth Beach Business Disputes
The Andrew M. 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. His career has centered on 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.
He is joined by Senior Counsel Sundeep Nath, 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, meaning everyone working on a matter knows the file, so a client who calls with a question is not starting from scratch. The firm keeps a strict 24 hour return call policy when attorneys are in court, and it sets up scheduled conference calls at times that suit everyone involved.
On the results side, after a 5-day bench trial the Broward County Circuit Court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That outcome reflects the kind of detailed, document-driven work these disputes require. The attorneys are also experienced in mediation and arbitration, and the firm looks for the resolution that fits a client’s goals and budget rather than prolonging a case for its own sake. For clients who want a lawyer to act as the situation demands and use finesse when finesse will do, that practical approach is the point.
Disputes a Lake Worth Beach Business Litigation Attorney Handles
- Business Divorce: Owners who can no longer work together face deadlocked management, buyouts, valuation fights, and judicial dissolution. The right path depends on the entity type, the governing agreement, and whether the business can keep operating during the fight.
- LLC and Shareholder Agreement Breaches: Operating and shareholder agreements often contain buyout formulas, deadlock sale provisions, and expulsion terms. Disputes usually turn on the exact wording and on how the owners actually behaved over the years.
- Breach of Fiduciary Duty: Managers and controlling owners owe duties to the company and to minority owners. Self-dealing, diverted opportunities, and unexplained compensation are typical claims.
- Missing Funds and Accounting Claims: Unpaid distributions, commingled accounts, and partners who cannot account for company money may support claims for an accounting and recovery of funds, along with emergency relief to stop assets from moving.
- Complex Contract Litigation: Purchase agreements, commercial leases, loan documents, and construction contracts all generate disputes where precise language and the history of dealings decide the outcome.
- Partition Actions: Co-owners of real estate, including former business partners, heirs, and unmarried couples, can ask a court to divide the property or order it sold and the proceeds divided.
- Title and Quiet Title Disputes: Competing ownership claims and clouds on title can be resolved through a court action that determines who actually owns the land.
- Family Business Conflicts: Siblings, parents and children, and in-laws who share ownership face questions about control and compensation that carry personal weight alongside the financial stakes.
First Moves When a Business Relationship Breaks Down
Start with the paper. Gather the operating agreement or shareholder agreement, articles of organization or incorporation, financial statements, tax returns, bank records, loan documents, and any emails or texts in which owners discussed money, roles, or exit terms. The agreement matters most, because it may already contain a buyout formula, a dispute resolution clause requiring mediation or arbitration, or a deadlock sale mechanism. Florida’s LLC statute says that a deadlock sale provision, if initiated before a court finds deadlock grounds, applies in place of judicial dissolution, so reading your agreement before filing anything can change the whole strategy.
Next, protect the money. If you suspect funds are being diverted, do not confront the other owner first and give them time to move assets. Preserve your own access to records, request books and records in writing where the agreement or statute allows, and talk to counsel about whether emergency injunctive relief is warranted. In a corporate dissolution proceeding, Florida courts can issue injunctions, appoint a receiver or custodian, and take steps to preserve assets while the case is pending. For LLCs, a court may appoint a receiver or custodian or order a purchase of a petitioning member’s interest, but only after a hearing and a showing of sufficient merit.
Watch the clock. A claim on a written contract generally must be filed within five years, while oral or implied contract claims have four. Fraud claims run four years from discovery, with an outer limit of twelve years. A claim for specific performance has only one year, which is the shortest of these and the one most often missed by owners who wait to see whether a deal will close on its own. Negligence and professional malpractice claims, which sometimes arise alongside a business dispute, carry two years.
Knowing where a case will be heard also shapes planning. Palm Beach County disputes above the county court ceiling are heard in the Fifteenth Judicial Circuit, which sits in and for Palm Beach County, with civil proceedings centered at the main courthouse in West Palm Beach. Broward matters go to the Seventeenth Judicial Circuit, which operates a complex business division for larger commercial disputes and certain entity dissolutions. Cases involving diverse parties or federal questions may belong in the U.S. District Court for the Southern District of Florida, which holds court in West Palm Beach and Fort Lauderdale, among other cities. Choosing the right forum, and the right track within it, is part of the early work.
The most common mistakes are waiting too long, signing a buyout term sheet without a valuation, continuing to fund the company while the other owner stops contributing, and moving out of the dispute into self-help such as changing locks or draining accounts. Each can hand the other side an argument.
How Florida Law Ends a Business Partnership
When owners cannot agree on a negotiated exit, Florida’s statutes provide structured routes. For an LLC, a member or manager can ask a circuit court for dissolution on specific grounds: activities are conducted unlawfully; it is no longer reasonably practicable to operate under the articles and operating agreement; controlling members have acted or are expected to act illegally or fraudulently; assets are being misappropriated or wasted, causing injury; or the owners are deadlocked and irreparable injury to the company is threatened or occurring. These grounds are demanding, which is why documentation of the misconduct or the deadlock matters so much.
For corporations, a shareholder may seek judicial dissolution on statutory grounds, including that the corporation has abandoned its business and failed within a reasonable time to wind up and distribute assets. Within 30 days of a shareholder’s dissolution petition on certain grounds, the corporation must notify the other shareholders 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. Once made, the election is irrevocable unless the court finds it equitable to set it aside or modify it. Filing for dissolution does not cut off a shareholder’s right to use a deadlock sale provision in a compliant shareholder agreement.
The practical takeaway is that dissolution petitions often function as leverage toward a buyout, and the valuation fight, not the dissolution itself, is frequently where the real money is decided.
Co-Owned Property: Partition and Quiet Title
Real estate disputes are a natural companion to business disputes in South Florida, where partners often hold property together. All partition actions in Florida are brought in equity. The complaint must describe the land, identify the owners and where they live, state what each holds, and include whatever else the court needs to sort out the parties’ rights. If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree. When the commissioners report that the property cannot be divided without prejudicing the owners, the court may order a sale at public auction and divide the proceeds in proportion to each owner’s interest. A sale on credit is possible for good cause, but at least one-third of the price must be paid down unless everyone consents otherwise.
Inherited property is treated differently. Florida’s Uniform Partition of Heirs Property Act applies to actions filed on or after July 1, 2020. If the court finds the property is heirs property, it must be partitioned under that law unless all cotenants agree otherwise. Heirs property generally involves a tenancy in common with no binding partition agreement, at least one cotenant who acquired title from a relative, and another listed condition, such as twenty percent or more of the interests being held by relatives. The law adds protections that make a forced sale harder, including a requirement that commissioners consider specific factors before a partition in kind is entered.
Quiet title actions address a different problem: competing claims or a cloud on title. A plaintiff may ask the court to determine ownership or cancel an instrument held by someone who is not the rightful owner, and the action may be filed in any county where part of the land sits. Plaintiffs generally must trace title back at least seven years unless the court orders otherwise. Adverse possession claims, which sometimes underlie these cases, require seven years of continuous possession, and a claim under color of title requires the instrument to be recorded in the county where the property lies.
Questions Lake Worth Beach Owners Ask
Do I need a business attorney before a dispute starts?
Often it saves money to have one. Through its outside general counsel program, the firm acts as a company’s registered agent and helps with contract, compliance, and operational questions. A litigator reviewing your operating agreement before a conflict can close gaps that otherwise become lawsuits.
What is a business divorce?
It is the separation of co-owners, whether partners, LLC members, or shareholders. It can end through a negotiated buyout, a sale of the business, a structured wind-down, or court-ordered dissolution if the owners cannot agree.
Can I force a partner out of my Florida LLC?
That depends on your operating agreement and the conduct involved. Many agreements include buyout, expulsion, or dissociation terms, and Florida law offers remedies for serious misconduct or when the company can no longer function. An attorney needs to read your agreement first.
What can I do if a partner is taking company money?
You may have claims for breach of fiduciary duty, an accounting, conversion, and recovery of funds. In urgent situations a court can issue injunctive relief to stop assets 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 for claims founded on a written instrument. Oral or implied contract claims have four years, and specific performance claims have just one year, so the type of relief you want affects your deadline.
Does every dispute end up in court?
No. Many resolve through negotiation, mediation, or arbitration, and the firm’s attorneys are experienced in each. Your agreement may also require one of these steps before you can file.
Which court would hear a business dispute arising in Lake Worth Beach?
Claims within the county court’s limit go to county civil court, while larger claims go to the Fifteenth Judicial Circuit in Palm Beach County. If the other party or the property is in Broward, the Seventeenth Judicial Circuit may be the venue, and some cases belong in federal court.
Can a court appoint someone to run the company during a dispute?
Yes, in appropriate cases. Florida courts may appoint a receiver or custodian for an LLC or corporation, but an LLC receivership requires notice and a hearing and a showing of sufficient merit. It is typically reserved for situations involving asset misuse or a paralyzed company.
My co-owner and I are family. Does that change anything legally?
The legal standards are the same, but the strategy differs. Family disputes often benefit from discretion, early mediation, and a focus on structured exits, while still preserving financial claims if talks fail.
I live in New York, New Jersey, or Connecticut. Can you handle my Palm Beach County dispute?
Yes. The firm regularly represents clients from those states who have business partners or property here. The firm handles local court appearances and keeps you informed, so you do not have to travel for every hearing.
Does my attorney’s referral arrangement affect my case?
A significant part of the firm’s work comes from other lawyers, including out of state counsel and Florida attorneys who do not handle business litigation. The firm keeps referring counsel informed and respects the existing client relationship.
Business and Real Estate Litigation Across Lake Worth Beach and South Florida
The firm represents owners and investors in Lake Worth Beach and in neighboring Palm Beach County communities including Lantana, Greenacres, Boynton Beach, Palm Springs, Atlantis, Lake Clarke Shores, and Wellington. Clients also come from West Palm Beach, Royal Palm Beach, Delray Beach, Palm Beach Gardens, Jupiter, and Boca Raton, along with the county’s western towns.
The firm’s reach continues south into Broward County, where it serves clients in Fort Lauderdale, Deerfield Beach, Pompano Beach, Coral Springs, Plantation, Hollywood, and surrounding communities. Many of those clients own property in one county and run a business in the other, which is why the firm is comfortable moving between the Fifteenth and Seventeenth Judicial Circuits.
Speak With a Lake Worth Beach Business Litigation Attorney
If a partner dispute, a missing funds problem, a contract breach, or a property ownership fight is putting your company or investment at risk, talk to a Lake Worth Beach business litigation attorney before positions harden. The Andrew M. Schwartz Legal Team can review your agreements, explain your realistic options, and tell you whether negotiation, mediation, or litigation fits your goals and budget. Call to schedule a consultation.
