Lauderhill Business Litigation Attorney
A business dispute usually ends one of three ways: the money comes back, the owners separate on workable terms, or a court orders what the parties would not agree to. The Andrew M. Schwartz Legal Team helps owners get there. As a firm handling business and real estate litigation across Broward County and Palm Beach County, we represent partners, LLC members, shareholders, investors, and families in disputes that put a company or a property at risk. If you are looking for a Lauderhill business litigation attorney, the first question is rarely “should I sue?” It is “what outcome do I actually need, and what is the fastest reliable way to reach it?”
For Lauderhill owners, that question often has a practical answer rooted in procedure. Lauderhill sits in Broward County, so circuit-level cases are heard in the Seventeenth Judicial Circuit, and federal cases fall in the Southern District of Florida. The Seventeenth Circuit also has a complex business division that handles dissolution of certain business entities and large business and construction disputes. Knowing which door a case belongs behind, and which deadlines are already running, shapes everything that follows.
Why Choose the Andrew M. Schwartz Legal Team for Business Disputes
The Andrew M. Schwartz Legal Team represents business owners, investors, and families throughout Broward County, Palm Beach County, and South Florida, including Lauderhill, Fort Lauderdale, Boca Raton, and West Palm Beach. Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation and was admitted to The Florida Bar in 1989. His career has been built around complex contract disputes, business divorces, and conflicts between 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.
Andrew is joined by Senior Counsel Sundeep Nath, 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 contract dispute can start in a Broward circuit courtroom or end up in federal court depending on who the parties are. The firm works as a true legal team, so everyone handling a matter knows the file, and a strict 24 hour return call policy applies when the lawyers are in court and cannot pick up right away.
The firm’s trial work speaks to its approach. After a 5-day bench trial, a Broward County Circuit Court issued a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. Obtaining an order that forces a party to actually perform a contract, rather than just pay damages, takes careful preparation of the written agreement and the parties’ course of dealing. We also handle 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 of our matters come to us through referrals from other attorneys, and we keep referring counsel informed throughout.
Types of Business and Real Estate Disputes We Handle for Lauderhill Clients
- Business Divorce: Co-owners who can no longer work together may need a negotiated buyout, a sale, a structured wind-down, or court-ordered dissolution. Deadlocked management and valuation fights are the usual sticking points.
- Partnership and LLC Member Disputes: Breaches of operating agreements and shareholder agreements, claims of self-dealing, and conflicts between majority and minority owners over control, compensation, and distributions.
- Breach of Fiduciary Duty: Managers, controlling members, and partners owe duties to the company and co-owners. Claims arise when someone diverts opportunities, misuses authority, or favors personal interests.
- Missing Funds and Accounting Claims: Unpaid distributions, commingled accounts, disputed capital contributions, and managers who cannot explain where company money went. We pursue accountings and recovery of funds, and seek emergency relief when assets are being moved.
- Complex Contract Litigation: Purchase agreements, commercial leases, loan documents, construction contracts, and operating agreements, where the precise wording and history of dealings decide the outcome.
- Partition Actions: Co-owners of real estate, including former business partners, heirs, unmarried couples, and investors, who need the court to divide the property or order it sold. Florida’s heirs property rules can change how these cases are handled.
- Title Disputes and Quiet Title: Competing ownership claims or a cloud on title that needs to be cleared, or an owner who needs to separate from title to a property.
- Injunctions: Temporary and permanent injunctions, including emergency relief, to freeze assets, protect property, or stop conduct that would cause damage before a case can be decided.
Deadlines and Early Moves When a Business Dispute Surfaces
Start by gathering the documents that define the relationship: the operating agreement, shareholder agreement, partnership agreement, the contract in dispute, bank and accounting records, tax returns, and correspondence showing how the parties actually behaved. Those documents usually decide whether you have a claim, a defense, or a negotiating position, and a lawyer cannot assess a dispute without them. Preserve emails and texts, and do not delete anything, even if it looks unhelpful.
Then check the clock. Florida sets different limitation periods depending on the claim. A claim founded on a written instrument has a five-year period, while an oral or implied contract claim has four years. Fraud claims run four years from discovery, subject to an outer cap of twelve years. An action to rescind a contract has four years. Specific performance is the outlier: the period is only one year, which surprises many owners trying to enforce a real estate or business purchase contract. Negligence-based claims and professional malpractice claims, including those against accountants or other advisors, now carry a two-year period for claims that accrued after the 2023 amendments. A claim that is plainly valid can still be lost to delay.
Where money is disappearing or property is about to be transferred, speed matters more than anything. A court can issue injunctive relief to stop assets from being moved or spent while the case is pending, and in an entity dissolution proceeding a court can appoint a receiver or custodian after notice and a hearing. If you suspect a partner is draining accounts, the first conversation with counsel should happen before confronting the partner, not after.
On venue, a Lauderhill dispute filed in state court is heard in Broward County. Cases above the county court’s dollar limit belong in circuit court, and smaller disputes are heard in county court, with small claims reserved for the lowest tier. Some larger business cases can be directed into the Seventeenth Circuit’s complex business division, which has its own filing procedure. Federal court in Fort Lauderdale may be available when the parties are from different states or a federal question is involved, which can matter for owners who live in New York, New Jersey, or Connecticut.
The most common mistakes are waiting for a relationship to repair itself while a deadline runs, signing a buyout or release without a valuation, accepting partial payments in ways that muddy the record, and self-help such as changing locks or freezing accounts without authority. Each can weaken a claim or create counterclaims.
Business Divorce in Florida: Dissolution, Buyouts, and Deadlocks
Owners often assume a split means dissolving the company. Florida law offers more options than that, and the remedy depends on the entity type and what the governing documents say.
For LLCs, a court may dissolve the company in a proceeding brought by a manager or member on specific grounds: all or substantially all activities are being conducted unlawfully; it is not reasonably practicable to operate in line with the articles and operating agreement; controlling managers or members have acted or are reasonably expected to act illegally or fraudulent; assets are being misappropriated or wasted, causing injury; or managers or members are deadlocked, cannot break the deadlock, and irreparable injury to the company is threatened or occurring. If the operating agreement contains a deadlock sale provision that is initiated before the court finds deadlock grounds exist, that provision can take the place of judicial dissolution. During the case, the court may appoint a receiver or custodian, or order a purchase of the petitioning member’s interest instead of dissolving.
For corporations, a shareholder can seek judicial dissolution on statutory grounds, including where the corporation has abandoned its business and failed to liquidate within a reasonable time. A key feature is the buyout election: in a dissolution proceeding of this kind, the corporation, or if it does not act, one or more shareholders, may elect to purchase all of the petitioner’s shares at fair value. If the parties agree on value and terms within 60 days after the first election is filed, the court enters an order directing the purchase. The corporation must notify the other shareholders within 30 days of the start of the proceeding that they can avoid dissolution by electing to buy. Once made, an election is irrevocable unless the court finds it equitable to modify it. The court also has power to issue injunctions, appoint a receiver or custodian, and preserve assets while the case proceeds.
The practical takeaway is that a dissolution petition is often leverage toward a buyout rather than an end in itself. Whether the better path is a negotiated exit, a court-supervised purchase, or full dissolution depends on valuation, who controls the books, and what the agreements already say.
Partition and Title Fights Between Co-Owners
Real estate co-ownership breaks down in business ventures, family inheritances, and unmarried relationships alike. In Florida, partition is brought in the court of equity and begins with a complaint that describes the land, names the owners and where they live, and states what each holds. If the court orders partition, it appoints three commissioners, chosen by the court unless the parties agree. If they report the land cannot be divided without prejudice to the owners, the court may order a sale at public auction, with proceeds divided according to ownership interests. A sale on credit is possible for good cause, but at least one-third of the purchase money must be paid down unless everyone consents otherwise.
Inherited property is treated differently. Florida’s Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2020, where the property is held as tenants in common, no binding agreement governs partition, at least one cotenant acquired title from a relative, and another listed condition applies, such as relatives holding 20 percent or more of the interests. Where the act applies, partition in kind comes ahead of a forced sale, and a court may not order division in kind unless the commissioners have weighed the statutory factors and found that division would harm the cotenants as a group.
Quiet title is a separate remedy for cleaning up ownership. A plaintiff can bring the action in any county where part of the land lies, generally must trace title back at least seven years unless the court orders otherwise, and can seek to cancel a conveyance or other evidence of title that clouds ownership. Related rules on adverse possession require continuous possession for seven years, with additional requirements, which is why competing possession claims often come up in title litigation.
Lauderhill Business Litigation FAQs
What is a business divorce?
It is the separation of co-owners of a company, 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 include buyout, expulsion, or dissociation provisions, and Florida law provides court remedies where there is serious misconduct or the company cannot function. An attorney needs to read the agreement before advising on options.
What can I do if a partner is taking money from the business?
You may have claims for an accounting, breach of fiduciary duty, conversion, and recovery of the funds. In urgent cases, a court can order 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 contract in Florida?
Five years when the claim is founded on a written instrument, and four years for oral or implied contracts. Different claims, such as specific performance and negligence-based claims, have shorter periods, so each theory needs its own check.
Why is specific performance so time-sensitive?
The limitations period for a specific performance action is one year, much shorter than the period for an ordinary contract damages claim. Buyers or sellers who want a court to compel a property or business sale to close should not wait.
How does a partition action work?
A co-owner asks the court to divide jointly owned property or, where division is impractical, to order a sale and split the proceeds. Commissioners appointed by the court report on whether the land can be divided fairly.
Does an LLC dissolution case always end the company?
No. A court can instead order a buyout of the petitioning member’s interest, appoint a receiver or custodian, or enforce a deadlock sale provision already in the operating agreement. Dissolution is one remedy among several.
What if my partners are family members?
These cases carry added weight because family relationships and the company are tied together. The legal claims are the same, but we handle them with discretion while protecting your financial position at each step.
I live in New York, New Jersey, or Connecticut. Can you handle my case?
Yes. We regularly represent out of state owners with business or real estate interests in South Florida, handle the local court appearances, and keep you informed so you do not have to travel for every hearing.
Will my case have to go to trial?
Not necessarily. Many disputes resolve through negotiation, mediation, or arbitration. We pursue whichever path is most likely to meet your goals efficiently, and prepare for trial when it is needed.
Do you accept referrals from other lawyers?
Yes. A significant part of our practice comes from other attorneys, including out of state lawyers whose clients have Florida disputes. We communicate with referring counsel throughout and respect their relationship with the client.
Is it worth hiring a lawyer before a dispute becomes a lawsuit?
Often, yes. Our outside general counsel program covers contract, compliance, and operational questions, and the firm can serve as a company’s registered agent. Catching problems at the drafting stage frequently keeps a disagreement from turning into litigation.
Serving Business Owners Across Lauderhill and Broward County
We represent business owners and investors in Lauderhill and throughout Broward County, including Fort Lauderdale, Plantation, Sunrise, Tamarac, Lauderdale Lakes, North Lauderdale, Margate, Coconut Creek, Coral Springs, Pompano Beach, Deerfield Beach, Oakland Park, Lauderdale-by-the-Sea, Hollywood, Davie, and Weston. Our work extends north into Palm Beach County, covering Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, Royal Palm Beach, Palm Beach Gardens, and West Palm Beach.
Whether a dispute involves a Lauderhill storefront, a shared investment property, a family company, or an LLC with members spread across states, the same questions apply: what the agreements say, where the money went, and which court can provide the remedy. We also serve clients from New York, New Jersey, and Connecticut whose partners or co-owners are in South Florida.
Talk With a Lauderhill Business Litigation Lawyer Today
When a partnership is breaking down, funds are missing, or co-owners cannot agree on a property, early decisions often determine the result. The Andrew M. Schwartz Legal Team can review your agreements, explain the deadlines that apply, and recommend a path that fits your goals and budget. If you need a Lauderhill business litigation lawyer, call to schedule a consultation and discuss where your dispute stands.