Miami Business Litigation Attorneys

Representing companies and their owners in contract, partnership, shareholder, and fraud disputes in Miami-Dade County and across Florida, from 701 Brickell Avenue.

9.4Alexander Rodriguez
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9.4Alexander Rodriguez
Alexander RodriguezReviewsout of 10 reviews
Rated by Super Lawyers


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A business dispute in Florida runs on a clock. A claim on a written contract must be brought within five years under section 95.11(2)(b), Florida Statutes. Fraud, oral contracts, and most other business claims carry four years. Industria Business Lawyers represents businesses and business owners in those disputes as the party bringing the claim and as the party defending one, in Miami-Dade’s courts, in arbitration, and on appeal.

This page explains which court hears a Florida business case, the deadlines that apply, how a case moves from demand letter to judgment, and what to bring to the first call. Every statute cited was read on the Florida Legislature’s site on 16 September 2026.

Every matter is assessed on its own facts. Some disputes are better resolved through a demand letter and a negotiated agreement than through a lawsuit, and IBL says so at the outset when that is the case.

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Business Disputes We Handle in Miami

The disputes that reach a Miami business litigation attorney fall into a small number of patterns. The other side stopped paying. A partner or co-owner took something that was not theirs to take. A contract was signed on one understanding and performed on another. Someone was told something about a deal that was not true. IBL handles each of these on both sides.

Supply agreements, service agreements, leases, licences, purchase agreements, and the informal deals that were never fully written down. IBL reads the contract first, then the performance record, then the correspondence, because the answer is usually in the order of those three things. A claim on a written contract carries a five-year limitation period under section 95.11(2)(b); an oral or implied contract carries four years under section 95.11(3)(j).

Control, distributions, capital accounts, access to books and records, buyouts, deadlock, and the enforcement of operating and shareholder agreements. These matters often involve claims for breach of fiduciary duty and, where a business cannot continue, judicial dissolution. IBL represents majority and minority owners.

Deals induced by statements that turned out to be false, or by facts that were left out. Remedies include damages and rescission, which unwinds the transaction. An action founded on fraud must be brought within four years under section 95.11(3)(i), and an action to rescind a contract within four years under section 95.11(3)(k).

Unpaid invoices, promissory notes, personal guaranties, and the judgments that follow. A judgment is a piece of paper until it is collected, so IBL looks at whether the other side has assets to collect from before advising a client to sue.

Interference with contracts and business relationships, disputes over non-compete and non-solicitation terms when an employee or a partner leaves, and misuse of confidential information. Malicious interference and other intentional torts carry a four-year period under section 95.11(3)(n).

Claims arising from token transactions, exchange and custody relationships, and blockchain ventures, an area in which IBL also advises on the transactional side. Investor claims against brokerage firms are a separate matter heard in FINRA arbitration; see IBL’s FINRA arbitration page.

Where and When a Florida Business Case Is Heard

Forum and timing decide the shape of a Florida business case before the first document is filed.

Which court. Florida divides civil cases by the amount in controversy. Under section 34.01, Florida Statutes, county courts hear actions filed on or after 1 January 2023 where the amount in controversy does not exceed $50,000, exclusive of interest, costs, and attorney fees. Anything above that belongs in circuit court under section 26.012. For Miami-Dade County that is the Eleventh Judicial Circuit, which sits in downtown Miami a short distance from IBL’s Brickell office. Where the parties agreed to arbitrate, the dispute is heard by a private arbitrator under the rules the contract names, and the timeline and remedies change. Federal court is a third possibility when the parties are citizens of different states and the amount is large enough, or when a federal statute is involved.

The deadlines. Section 95.11, Florida Statutes, sets the limitation periods: five years for a claim on a written instrument, section 95.11(2)(b); four years for fraud, section 95.11(3)(i); four years for a contract not founded on a written instrument, section 95.11(3)(j); four years to rescind a contract, section 95.11(3)(k); four years for malicious interference and other intentional torts, section 95.11(3)(n); four years for any action not otherwise provided for, section 95.11(3)(o); and two years for negligence, section 95.11(4)(a). When the period starts is often the real question. For fraud it generally runs from when the fraud was or should have been discovered; for a contract, usually from the breach. If a dispute is more than a year old, the date question comes first.

Before the other side moves. Many Florida business disputes start with one side quietly preserving records, sending a demand, or filing first to choose the forum. A company that suspects a dispute is coming should gather its documents and take advice before the other side does.

After service. If a complaint has already been served, the time to respond starts running that day and it is short. Send the papers the day they arrive. A missed response date can lead to a default judgment, which is far harder to undo than to prevent.

Next question: How is a commercial case assessed and run? Then: What does a breach of contract claim take?

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How We Work a Florida Business Dispute

Case Assessment +

The governing contract, operating agreement, or shareholder agreement is read first, with every amendment, then the performance record and the correspondence. A written assessment sets out the claims, the defences, the forum, the deadline, the likely timeline, and whether the other side can pay a judgment.

Demand and Pre-Suit Resolution +

A written demand that sets out the claim, the amount, and a deadline. Some contracts require notice and a cure period before suit. A good number of disputes end here, because a demand forces both sides to put a number on the problem.

Complaint and Response +

The complaint filed in the court the facts and the contract point to, and served. When IBL is defending, the answer or motion to dismiss, usually with a counterclaim, filed inside the deadline. A company that files suit should expect to be sued back on the same facts.

Discovery +

Contracts, emails, accounting and bank records, and depositions of the people who made the decisions. Discovery is where most of the cost and most of the leverage in a commercial case sits, and where a party that kept good records has the advantage.

Mediation and Offers of Judgment +

Under section 44.102, Florida Statutes, a court must refer a civil action for damages to mediation on the request of one party who is willing to pay for it, and Florida circuit courts order mediation before trial in nearly every business case. Section 768.79 lets either side serve an offer of judgment; a party that rejects it and does worse at trial by the statutory margin can be made to pay the other side’s fees and costs from the date of the offer.

Trial +

The cases that do not settle are tried to a judge or a jury. Section 57.105, Florida Statutes, allows the court to award fees against a party and its lawyer for a claim or defence with no support in fact or law, which is a reason to bring only claims that can be proved.

Judgment, Collection, and Appeal +

Post-judgment discovery, garnishment, and liens turn a judgment into money. Where the ruling was wrong, review in Florida’s district courts of appeal.

FAQ

Only in a limited way. Under Florida Rule of General Practice and Judicial Administration 2.510, an attorney licensed in another state may appear in a particular Florida case by verified motion, and only if a member of The Florida Bar is associated as attorney of record. IBL practises in Florida’s state courts from its Miami office.

Yes. IBL represents clients in business disputes across Florida, and in Washington, D.C., Massachusetts, and New York through attorneys admitted in those jurisdictions.

No. Many are resolved by demand letter, negotiation, or mediation before a complaint is filed. Where a contract contains an arbitration clause, the dispute goes to arbitration rather than court. Whether to file, and where, is decided with the client once the facts and the documents have been reviewed.

Court filing fees are set by the clerk and are public. How an engagement with IBL is structured depends on the matter. Contact the firm to discuss your situation.

The governing document with every amendment; the emails and messages in which the dispute was discussed, in date order; invoices, statements, and payment records; any demand letters or court papers; a one-page timeline; and a rough figure for the amount in dispute with a note of any deadline. With those, IBL can usually say in the first conversation which forum the matter belongs in, which limitation period applies, and what the next step is.

IBL private securities offering and capital raising practice

Talk to a Miami Business Litigation Attorney

701 Brickell Avenue, Suite 1550, Miami, FL 33131. Call (202) 860-1210 or send the governing document and a short description of the dispute through the form. Every matter is reviewed on its own facts.

This page provides general information about business litigation in Florida and does not constitute legal advice. Reading it does not create an attorney-client relationship. Last reviewed 16 September 2026. Statutes cited: sections 26.012, 34.01, 44.102, 57.105, 95.11, and 768.79, Florida Statutes (2025), and Florida Rule of General Practice and Judicial Administration 2.510 (July 2026).