Weston Business Litigation Attorney

Two co-owners in Weston stop speaking, one of them stops answering questions about the books, and the company’s cash starts moving in ways nobody approved. The Weston business litigation attorney you hire at that point decides whether the dispute gets contained early or hardens into years of motion practice. The Andrew M. Schwartz Legal Team handles business and real estate litigation for owners, investors, and families in Weston, Broward County, and Palm Beach County.

Weston sits in western Broward, so most disputes that start here are filed in the Seventeenth Judicial Circuit, which sits in and for Broward County. Some cases belong in federal court instead, where the Southern District of Florida holds proceedings in Fort Lauderdale and West Palm Beach. Which forum applies, and which deadlines are already running, shapes everything that follows.

The disputes we see most often involve partners and LLC members who cannot agree on control, money, or exit terms; contracts that one side stopped performing; and co-owned property that one owner wants sold and another does not.

What a Weston Business Dispute Usually Looks Like Once It Reaches Court

Most business cases follow a recognizable arc. It begins with a demand letter or a failed negotiation. If that does not resolve it, a complaint is filed in circuit court. In Broward, disputes above the county court ceiling go to the circuit court, and the county court handles the middle tier of claims below that ceiling. Small claims sit below both.

Broward’s Seventeenth Circuit also runs complex business divisions. They handle matters such as dissolution of certain business entities, assignments for the benefit of creditors, and large business and construction litigation. A case may be filed directly into one of those divisions only by following the circuit’s administrative order, which requires a specific form filed with the Clerk at the time of filing. The Clerk then assigns the case randomly to a complex division judge. Whether a Weston dispute qualifies is a decision worth making before the complaint goes in, not after.

After filing comes service, responsive pleadings, and discovery: documents, bank records, depositions. Many cases are resolved at mediation, and some contracts send the dispute to arbitration instead. Cases that do not settle go to a bench or jury trial. When the relief sought is equitable, such as specific performance, an accounting, or dissolution, a judge decides the case rather than a jury.

Why Choose the Andrew M. Schwartz Legal Team for Business Litigation Near Weston

The Andrew M. Schwartz Legal Team is a South Florida business and real estate litigation firm that represents business owners, investors, and families in Weston, throughout Broward County and Palm Beach County, and in Boca Raton, West Palm Beach, and Fort Lauderdale. The practice centers on business divorce, partnership and member disputes, complex contract litigation, partition actions, quiet title and real estate disputes, injunctions, and outside general counsel work.

Andrew M. Schwartz, the firm’s founder, has spent 37 years in litigation. He was admitted to The Florida Bar in 1989 and has practiced litigation in Florida since then. He earned his undergraduate degree from Emory University in 1986 and his law degree from the University of Miami in 1989. His career has been built around complex contract disputes, business divorces, 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.

Recent work includes a 5-day bench trial in Broward County Circuit Court that ended in a 32-page final judgment awarding the firm’s client specific performance of a commercial real estate contract. That is the kind of outcome that comes from detailed preparation on contract language and the parties’ course of dealing.

The firm practices as a true legal team, so everyone working on a matter knows the file. There is a strict 24-hour return call policy when the attorneys are in court or otherwise unavailable, and scheduled conference calls are set at times that work for everyone. Our attorneys are experienced in mediation and arbitration as well as courtroom litigation, and we look for the resolution that fits the client’s goals and budget rather than prolonging a case. Clients who live elsewhere, including in New York, New Jersey, and Connecticut, can rely on us to handle Florida court appearances. We also work regularly with referring attorneys, and we keep them informed throughout.

Business and Real Estate Disputes We Handle for Weston Owners

• Business Divorce: Deadlocked management, buyouts, valuation fights, and breaches of operating or shareholder agreements among partners, LLC members, and shareholders, including minority owners who have been frozen out.
• Judicial Dissolution of an LLC: Florida’s LLC statute lets a member or manager ask the circuit court to dissolve the company when it is not reasonably practicable to operate under the operating agreement, when controlling members act illegally or fraudulently, when assets are being misappropriated or wasted, or when owners are deadlocked and irreparable injury is threatened or occurring.
• Shareholder Disputes in Corporations: A shareholder may petition for dissolution on statutory grounds, and the corporation or other shareholders can often elect to buy the petitioner out at fair value instead, which is how many of these cases end.
• Complex Contract Litigation: Purchase agreements, operating agreements, commercial leases, loan documents, and construction contracts, where the outcome often turns on exact wording and how the parties actually behaved.
• Missing Funds and Accounting Claims: Unpaid distributions, diverted company money, commingled accounts, and managers who cannot explain where cash went, with claims for an accounting, breach of fiduciary duty, and recovery.
• Partition Actions: Co-owners of real property, including former business partners, siblings who inherited together, and investors, can ask the court to divide the property or order it sold and split the proceeds.
• Quiet Title and Title Disputes: Suits to clear competing ownership claims or cancel a conveyance that clouds title, filed in any county where part of the land sits.
• Injunctions and Emergency Relief: Temporary and permanent injunctions to stop assets from being moved, spent, or encumbered while a dispute is pending.

Immediate Steps and Deadlines When a Business Relationship Breaks Down

Start by securing information. Gather the operating agreement or shareholder agreement, amendments, capital contribution records, tax returns, bank statements, and any emails or texts that show what each owner agreed to. Do it quietly and lawfully, using records you already have a right to access. Do not delete anything, and do not move company money without authority.

Next, read the dispute resolution terms in your agreement. Many require notice, mediation, or arbitration before any lawsuit, and ignoring them can cost you time. Some operating and shareholder agreements also contain a deadlock sale or buy-sell mechanism. If one is initiated before a court finds deadlock grounds, the agreement’s process can take priority over a court-ordered dissolution or buyout, so timing matters.

Know the clock. A claim founded on a written contract generally has five years. A contract claim not founded on a written instrument has four, as does rescission. Fraud claims run four years from discovery, subject to a 12-year outer limit. A suit for specific performance has only one year, which surprises many people. Professional malpractice claims run two years from when they were or should have been discovered, and negligence claims run two years for causes of action that arose after March 24, 2023.

If money is leaving the company right now, the question is whether to ask for emergency relief. A court can issue injunctions, appoint a receiver or custodian after a hearing, and take other steps to preserve assets while a dissolution case proceeds. Weston cases are generally filed in the Broward County circuit court, and the Broward Clerk handles both circuit and county civil filings. If the property or parties also touch Palm Beach County, that county’s Fifteenth Circuit may be involved. Call a lawyer before you confront the other owner, because how you handle that first conversation can affect what a court later sees.

How Buyouts, Dissolution, and Partition Actually Resolve

Business divorces rarely end with a courtroom dissolution. Corporate shareholders who petition for dissolution can be answered with an election to purchase their 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 election is irrevocable unless the court finds it equitable to modify it, and the corporation must notify other shareholders of the buyout option within 30 days of the proceeding starting. For LLCs, the court can order a purchase of the petitioning member’s interest or appoint a receiver or custodian once the petitioner shows sufficient merit.

Partition follows a different path. Partition suits are heard in equity. The complaint must describe the land, name the owners and where they live, and state each owner’s share. If the court orders partition, it appoints three commissioners, picked by the court unless the parties agree. If the commissioners report that dividing the land would prejudice the owners, the court may order a public sale to the highest bidder and divide the proceeds by ownership share. Sales on credit require a meaningful down payment, at least one-third of the price unless all parties consent otherwise.

Family-held property gets special treatment. Florida’s Uniform Partition of Heirs Property Act applies when cotenants hold title together without a binding partition agreement, someone acquired title from a relative, and a further condition is met, such as relatives holding twenty percent or more of the interests. Heirs property must be partitioned under those special rules unless every cotenant agrees otherwise, and partition in kind cannot be ordered without commissioners considering statutory factors and finding that division would prejudice the cotenants as a group.

Quiet title suits have their own requirements. Plaintiffs generally must trace title for at least seven years before filing unless the court orders otherwise. Related adverse possession claims require seven years of continuous possession under the statutory conditions, and claims under color of title depend on the recording of the supporting instrument.

Weston Business Litigation Questions Answered

What does a business litigation attorney do?

A business litigation attorney represents owners and companies in disputes over contracts, ownership, money, and control. That includes demand letters, negotiation, mediation, arbitration, emergency motions, and trial. Our firm focuses on business divorce, partnership and member disputes, contract cases, and real estate litigation.

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

Five years for a claim founded on a written instrument. Oral or implied contract claims have four years. The shorter periods for specific remedies, such as the one-year period for specific performance, can cut that time down, so identify the remedy you need early.

Can I force a partner out of my LLC?

It depends on the operating agreement and the partner’s conduct. Many agreements contain buyout, expulsion, or dissociation provisions, and Florida law provides court remedies for serious misconduct or when the company cannot function. We review the agreement first, because it usually determines your options.

What can I do if my partner is taking company money?

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

What is a deadlock, and does it justify dissolving my LLC?

A deadlock exists when managers or members cannot agree and cannot break the impasse. It supports judicial dissolution when irreparable injury to the company is threatened or already occurring. A court may also order a buyout or appoint a receiver instead of ending the company outright.

Does every business dispute have to go to court?

No. Many are resolved through negotiation, mediation, or arbitration, and some agreements require those steps first. Our attorneys are experienced in each, and we pursue the path most likely to meet your goals efficiently.

Which court will hear my Weston business case?

Most are filed in the Broward County circuit court, part of the Seventeenth Judicial Circuit, though claims in the middle dollar range can be heard in county court. Cases with federal jurisdiction may go to the Southern District of Florida. Complex business disputes may qualify for the circuit’s complex business divisions.

If a co-owner wants to sell our jointly owned property and I do not, can they force a sale?

A co-owner can file a partition action. If the court finds the property cannot be fairly divided, it may order a sale and distribute the proceeds by ownership share. Special rules apply to heirs property, which can give family cotenants stronger protections.

Can I recover legal costs if I win?

It depends on your contract and the claims. Some agreements include attorney fee provisions, and some statutory claims allow fee recovery. We review the fee language in your agreement at the outset, since it affects both strategy and settlement leverage.

I live out of state but own a Weston business interest or property. Can you handle my case?

Yes. We regularly represent clients from New York, New Jersey, and Connecticut, handle the Florida court appearances, and keep you informed so you do not need to travel for every hearing.

Can a lawsuit be avoided with better planning?

Often. Clear buy-sell terms, deadlock provisions, and well-drafted operating agreements prevent many disputes. Our outside general counsel program supports companies with contracts, compliance, and operations, and the firm can serve as the company’s registered agent.

Serving Weston and Surrounding South Florida Business Clients

Further east in Broward, we serve clients in Fort Lauderdale, Hollywood, Coral Springs, Parkland, Coconut Creek, Deerfield Beach, Tamarac, and Miramar.

In Palm Beach County, the firm represents clients in Boca Raton, Delray Beach, Boynton Beach, Lake Worth, Wellington, Royal Palm Beach, West Palm Beach, Palm Beach Gardens, and Jupiter. Across both counties, we handle partnership and member disputes, contract litigation, partition and title actions, and emergency injunction work, and we represent out-of-state owners with South Florida interests.

Talk to a Weston Business Litigation Lawyer Before the Dispute Hardens

When a partner stops cooperating, money goes missing, or a contract is breached, early decisions about evidence, forum, and timing carry real weight. A Weston business litigation lawyer at the Andrew M. Schwartz Legal Team can review your agreements, explain your options and deadlines, and tell you plainly whether negotiation, mediation, or court is the better route. Call to schedule a consultation.