Business Litigation Process in Florida
1. Definition
Business litigation refers to lawsuits that arise from disputes between businesses, owners, employees, vendors, landlords, or competitors. The litigation process in Florida involves multiple steps — from filing a lawsuit to resolution through settlement, mediation, or trial.
2. Florida Legal Context
The business litigation process in Florida is governed by both state and federal rules:
- Florida Rules of Civil Procedure govern lawsuits filed in state courts.
- Federal Rules of Civil Procedure apply if the case is filed in federal court (often involving interstate parties or federal law).
- Common business litigation cases include contract disputes, shareholder actions, commercial evictions, collections, and business torts.
Florida law also requires mediation in many civil cases before trial, encouraging parties to resolve disputes without full litigation.
3. Real-World Application
Examples of business litigation in Florida:
- A Tampa company sues a vendor for breach of contract after repeated delivery failures.
- A Miami partnership dispute escalates to litigation when one partner misuses company funds.
- An Orlando landlord files a commercial eviction lawsuit against a tenant who stopped paying rent.
4. Why It Matters for Business Owners
Litigation can significantly impact a company’s finances, reputation, and operations.
Why it matters:
- Enforces rights: Protects your contracts and agreements.
- Defends interests: Shields your business from false claims or unfair competition.
- Strategic leverage: Even the threat of litigation can push parties to settle disputes.
- Risk management: Understanding the process helps business owners prepare for potential lawsuits.
Common mistakes Florida businesses make:
- Ignoring a lawsuit instead of responding — risking default judgment.
- Not preserving records or emails that may be evidence.
- Failing to hire litigation counsel early, which weakens defenses.
- Assuming all cases go to trial — many resolve at mediation or before.
5. Real-World Florida Examples
- A Sarasota retailer enforced a non-compete clause through litigation, preventing a competitor from poaching customers.
- A Jacksonville contractor defended against breach of contract claims, settling favorably through mediation.
- A Fort Lauderdale business secured a judgment for unpaid invoices after suing a delinquent client.
6. How Our Law Firm Can Help
At Black Rock Trial Lawyers, our Litigation Department represents Florida businesses in a wide range of disputes. We provide:
- Case evaluation and litigation strategy development
- Aggressive representation in state and federal courts
- Handling discovery, depositions, and trial preparation
- Business dispute mediation and arbitration advocacy
- Collection of judgments and enforcement actions
We combine legal expertise with courtroom experience to protect your business at every stage.
7. FAQs (Frequently Asked Questions)
Q: How long does business litigation take in Florida?
A: It depends — some cases resolve in months at mediation, while others may take 1–2 years or longer if they go to trial.
Q: Do all business disputes go to trial?
A: No. Many resolve through negotiation, mediation, or arbitration.
Q: Can I recover attorney’s fees in Florida business litigation?
A: Sometimes. Fees may be recoverable if the contract allows it or if Florida law provides for it in certain cases.
Q: What should I do if my business is sued?
A: Contact an experienced litigation attorney immediately — deadlines to respond are short.
Q: Why hire Black Rock Trial Lawyers for litigation?
A: We have a dedicated Litigation Department with the experience and resources to protect your interests in court.