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Florida Business Law & Commercial Litigation Attorneys

Strategic Counsel. Relentless Advocacy.

At Perez Mayoral, P.A., we represent business owners, investors, and partners in high-stakes commercial disputes. When problems arise, whether it’s a breach of contract, partnership conflict, or corporate misconduct, we act quickly and strategically to safeguard your interests and pursue lasting, business-minded solutions.

Commercial Dispute Resolution

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business lawyer miami partnership dispute

Business Litigation Services

Millions Won for Florida Businesses
Contract Disputes

Handling breaches, interpretation issues, and enforcement of contract clauses to protect clients’ rights and obligations.

Shareholder and Partnership Disputes

Representing stakeholders in disputes over management, profit distribution, and breaches of fiduciary duties.

Business Torts

Addressing issues like tortious interference, unfair competition, defamation, fraud, and more to protect clients and recover damages.

Commercial Real Estate Litigation

Managing disputes involving lease issues, zoning, property rights, and eminent domain.

Employment Disputes

Representing businesses in cases of wrongful termination, discrimination, wage disputes, and breaches of noncompete or confidentiality agreements.

Corporate Governance and Fiduciary Duty Litigation

Focusing on disputes related to governance, breaches of fiduciary duties, mismanagement, and corporate integrity.

Construction Litigation

Dealing with breaches, construction defects, mechanic’s liens, and payment or performance disputes.

Intellectual Property Litigation

Assisting in the defense and enforcement of trademarks, copyrights, patents, and trade secrets.

Video Resources

FOR FLORIDA BUSINESSES

How Perez Mayoral, P.A. Helps Businesses as a Law Firm
How do I prove fraud in a business litigation case? - Perez Mayoral
What should I do if someone breaches a business contract with me? - Perez Mayoral
How long does the litigation process usually take in a Business Dispute? - Perez Mayoral
What is the process for filing a business litigation case in Florida? - Perez Mayoral
What are common mistakes businesses make in litigation? -Perez Mayoral HOA, Condo & Business Lawyers
What should I look for in a business litigation attorney
What are the advantages of arbitration over litigation? - Perez Mayoral

How Perez Mayoral, P.A. Helps Businesses as a Law Firm

How do I prove fraud in a business litigation case?

What should I do if someone breaches a business contract with me?

How long does the litigation process usually take in a business dispute?

What is the process for filing a business litigation case in Florida?

What are common mistakes businesses make in litigation?

What should I look for in a business litigation attorney?

What are the advantages of arbitration over litigation?

Strategic Counsel. Relentless Advocacy.

Protecting the interests of Florida businesses, investors, and shareholders through sophisticated representation in state and federal courts.

Learn How We Can Help
Factors to Consider During a Miami Business Formation

Frequently Asked Questions

Your Questions Answered
How do I know if my business has grounds for a lawsuit?

Your business may have grounds for a lawsuit if you’ve experienced financial harm due to another party’s actions or failure to meet their obligations. Common indicators include breach of contract where the other party failed to deliver goods, services, or payments as agreed, fraudulent business practices that caused monetary losses, interference with your business relationships or existing contracts, trademark or copyright infringement affecting your brand, partnership disputes involving mismanagement of funds or breach of fiduciary duties, or employment issues such as trade secret theft by former employees. Additionally, if you’ve suffered damages from construction defects, real estate disputes, or unfair competition practices, you likely have viable legal claims.

The key factors Florida courts consider are whether you can demonstrate actual damages, establish the other party’s legal responsibility, and show a clear connection between their actions and your losses. To determine if your specific situation warrants legal action, gather all relevant documentation including contracts, correspondence, financial records, and evidence of damages. Contact our experienced business litigation attorneys for a consultation where we can evaluate the strength of your potential claims and discuss the most effective legal strategy for your case.

How long does litigation typically take?

Business litigation timelines in Florida vary widely based on the case’s complexity, court schedules, and whether parties reach settlement agreements. Simple contract disputes or straightforward business matters may resolve within 6-12 months, while complex commercial litigation involving multiple parties, extensive discovery, or involved legal issues can take 2-3 years or longer to reach trial. The discovery phase, where parties exchange documents and take depositions, typically accounts for the majority of litigation time and can last 6-18 months depending on the volume of information involved.

Factors that can extend timelines include crowded court dockets, motions practice, appeals, and the opposing party’s cooperation level. Many cases settle during mediation or negotiations before reaching trial, which can significantly shorten the overall process. Federal court cases often move faster than state court matters due to different scheduling practices and case management approaches. Emergency situations may qualify for expedited hearings or temporary injunctions that can provide quicker relief while the main case proceeds. For a realistic timeline estimate based on your specific business dispute, contact our office for a consultation where we can evaluate your case’s unique circumstances and provide a more precise timeframe for resolution.

Can my business recover attorney fees in litigation?

Whether your business can recover attorney fees in litigation depends on the specific circumstances of your case and applicable Florida law. Florida generally follows the “American Rule,” meaning each party pays their own attorney fees unless there’s a specific statute, contract provision, or legal principle that allows fee recovery. Common situations where businesses can recover attorney fees include contracts with prevailing party clauses, cases involving statutory violations like unfair trade practices or certain employment disputes, trademark and copyright infringement claims, and situations where the opposing party acted in bad faith or filed frivolous claims.

Additionally, Florida’s offer of judgment statute allows fee recovery in some cases where a party rejects a reasonable settlement offer and then receives a less favorable judgment at trial. The amount recoverable must be reasonable and necessary, and courts will review fee requests to ensure they’re appropriate for the work performed. To understand your potential for fee recovery in your specific case, contact our team for a consultation where we can review your contracts, assess applicable statutes, and develop a strategy that maximizes your chances of recovering attorney fees along with other damages.

What are the costs associated with business litigation?

Business litigation costs in Florida include several components beyond attorney fees, such as court filing fees ranging from $400-$500 to initiate a lawsuit, deposition costs of $500-$1,500 per witness, expert witness fees that can reach $200-$500 per hour, and expenses for document production, investigations, or forensic analysis when needed. Additional costs may include mediation fees, court reporter charges, and potential bond requirements for certain types of relief. The total expense depends heavily on factors like case duration, the amount of discovery required, number of parties involved, and whether the matter settles early or proceeds to trial.

Simple contract disputes might resolve for under $30,000, while complex commercial matters can cost significantly more depending on their scope and duration. Many cases settle during negotiations or mediation, which typically reduces overall expenses compared to full trial proceedings. To understand the potential costs for your specific situation and discuss our fee structure, schedule a consultation where we can evaluate your case and provide a detailed breakdown of expected expenses and available payment options.

What are my options if the other party isn’t upholding their end of a contract?

When another party breaches a contract, you have several legal remedies available under Florida law depending on the severity of the breach and your specific damages. Your options include seeking monetary damages to compensate for financial losses caused by the breach, requesting specific performance to force the other party to fulfill their contractual obligations, or pursuing contract rescission to cancel the agreement and restore both parties to their pre-contract position. You may also be entitled to consequential damages for additional losses that resulted from the breach, such as lost profits or costs incurred due to their failure to perform.

Before pursuing litigation, consider sending a formal demand letter outlining the breach and requesting compliance, as this can sometimes resolve the matter without court involvement and may be required under your contract terms. If the breach is ongoing, you might seek a temporary restraining order or injunction to prevent further harm to your business. In cases where the other party’s breach is substantial, you may have grounds to terminate the contract and seek damages for any losses incurred. The statute of limitations for contract disputes in Florida is typically five years for written contracts and four years for oral agreements, so timely action is important. Contact our attorneys for a consultation to review your contract terms, assess your damages, and determine the most effective strategy for enforcing your rights and recovering compensation.

Florida Appellate Attorneys

Appellate Advocacy That Makes a Difference​

At Perez Mayoral, P.A., we understand the complexities and challenges involved in the appellate process. Our appellate attorneys are dedicated to helping clients navigate appeals with confidence, whether you’re dealing with a civil or criminal matter. We offer a consumer-friendly approach to ensure you are fully informed and supported every step of the way.

Table of Contents
  1. Appellate Advocacy That Makes a Difference​
  2. About Our Firm
  3. Civil Appeal Services
    1. Appeals from Final Judgments
    2. Interlocutory Appeals (Appeals from Non-Final Orders)
    3. Writs of Certiorari, Prohibition, Mandamus, and Quo Warranto
    4. Appeals in Business & Contract Litigation
    5. Appeals in Real Estate, HOA & Condominium Disputes
    6. Motions & Appeals Related to the Disqualification of Judges
  4. Criminal Appeal Services
    1. Appeals from Convictions
    2. Post-Conviction Relief Appeals Under Rule 3.850
    3. Appeals from Sentencing
    4. Habeas Corpus Petitions
    5. Writs of Certiorari and Prohibition in Criminal Cases
    6. Motions & Appeals Related to the Disqualification of Judges
  5. Appellate Resources
  6. Florida Appellate Courts
  7. Recently Issued Opinions
  8. Additional Resources

About Our Firm

Perez Mayoral, P.A. is a full-service litigation firm managing complex disputes across business and commercial law, real estate law, HOA and condominium law, and general litigation. Our appellate practice extends to these areas, as well as criminal appeals, leveraging our attorneys’ deep backgrounds in these fields. We are committed to providing strategic, results-oriented legal representation at every stage of the legal process.

Civil Appeal Services

Appeals from Final Judgments

Appealing final decisions in civil cases involves a broad spectrum of issues, including commercial disputes, contract disputes, HOA and condominium conflicts, real estate matters, personal injury claims, employment disputes, insurance claims, and other legal challenges. These appeals require careful analysis and a strategic approach to overturn or modify the original ruling.

Interlocutory Appeals (Appeals from Non-Final Orders)

Interlocutory appeals challenge significant non-final orders during ongoing litigation. They address interim decisions that could substantially impact a case’s outcome or parties’ rights, such as preliminary injunctions, denials of motions to dismiss, or certain summary judgment rulings. These appeals are crucial in preventing potential injustices before a final judgment is reached.

Writs of Certiorari, Prohibition, Mandamus, and Quo Warranto

Extraordinary writs in appellate practice include certiorari, prohibition, mandamus, and quo warranto. Certiorari reviews non-appealable decisions, prohibition stops courts from exceeding jurisdiction, mandamus compels duty performance, and quo warranto challenges authority. These writs intervene in lower court proceedings to correct urgent errors outside the standard appeal process.

Appeals in Business & Contract Litigation

Handling appeals related to business contracts, commercial transactions, corporate governance, and contract disputes often involves complex issues such as partnership disputes, shareholder rights, breaches of fiduciary duty, and contract enforcement. The key focus is on whether the trial court correctly applied business law principles and accurately interpreted contract terms, ensuring fair outcomes for all parties involved.

Appeals in Real Estate, HOA & Condominium Disputes

Appealing decisions in real estate and HOA/condominium disputes covers property rights, zoning issues, construction conflicts, landlord-tenant matters, and conflicts between homeowners or condominium owners and their associations. These appeals review the trial court’s application of real estate laws, fiduciary duty, rule enforcement, assessments, governance decisions, property maintenance, and the interpretation of governing documents.

Motions & Appeals Related to the Disqualification of Judges

These legal actions challenge a judge’s ability to preside over a civil case due to potential bias, conflict of interest, or other factors that could compromise impartiality. The process typically starts with a motion for disqualification filed in the trial court. If the motion is denied, the decision can be appealed to ensure a fair and unbiased adjudication of the case.

Criminal Appeal Services

Appeals from Convictions

These appeals are the initial challenge to a criminal conviction, filed directly after the trial court proceedings. They address errors evident in the trial record, such as improper admission or exclusion of evidence, incorrect jury instructions, prosecutorial misconduct, or ineffective assistance of counsel visible from the trial proceedings. The appellant must demonstrate that the error was significant enough to have affected the outcome of the trial.

Post-Conviction Relief Appeals Under Rule 3.850

These appeals seek relief after a conviction has been finalized, often through motions such as Rule 3.850 in Florida. They typically address issues that were not apparent during the trial or direct appeal, such as ineffective assistance of counsel, newly discovered evidence, or constitutional violations evident after the conviction. Post-conviction relief appeals have strict time limits and procedural requirements, often requiring filing within a specific period after the conviction becomes final.

Appeals from Sentencing

These appeals contest the legality or appropriateness of a sentence imposed by the trial court. They may argue that the sentence exceeds statutory limits, violates constitutional protections against cruel and unusual punishment, or reflects an abuse of judicial discretion. Sentencing appeals often involve complex issues of statutory interpretation and constitutional law.

Habeas Corpus Petitions

These petitions challenge unlawful detention or imprisonment, often used to address constitutional violations in criminal cases. They can be filed in state or federal court and are considered a last resort when other appeals have been exhausted. Habeas corpus petitions often involve complex procedural issues and can address a wide range of constitutional violations.

Writs of Certiorari and Prohibition in Criminal Cases

Writs of Certiorari and Prohibition play crucial roles in criminal cases. Certiorari allows appellate courts to review interlocutory orders, such as evidence suppression or bail decisions, before final judgment. Prohibition prevents trial courts from exceeding their jurisdiction or acting contrary to fundamental legal principles. Both writs are discretionary, with Certiorari providing the higher courts the option to review and Prohibition serving as a rare and extraordinary remedy.

Motions & Appeals Related to the Disqualification of Judges

These legal actions challenge a judge’s ability to preside over a criminal case due to potential bias, conflict of interest, or other grounds that could compromise impartiality. They typically begin with a motion for disqualification filed in the trial court, which, if denied, can be appealed.Regulatory Compliance

Appellate Resources

Below, you’ll find a collection of key resources, including links to the Florida appellate courts, recently issued opinions, rules of procedure, and other useful materials.

Florida Appellate Courts

Florida Supreme Court
Jurisdiction: Statewide
The highest court in Florida, with ultimate judicial authority over all lower courts in the state.

First District Court of Appeal
Circuits: 1st, 2nd, 3rd, 8th, 14th
Counties: Escambia, Santa Rosa, Okaloosa, Walton, Leon, Gadsden, Wakulla, Jefferson, Liberty, Franklin, Madison, Taylor, Hamilton, Suwannee, Lafayette, Dixie, Columbia, Baker, Union, Bradford, Gilchrist, Alachua, Levy, Bay, Calhoun, Gulf, Holmes, Jackson, Washington

Second District Court of Appeal
Circuits: 6th, 12th, 13th
Counties: Pasco, Pinellas, Manatee, Sarasota, DeSoto, Hillsborough

Third District Court of Appeal
Circuits: 11th, 16th
Counties: Miami-Dade, Monroe

Fourth District Court of Appeal
Circuits: 15th, 17th, 19th
Counties: Palm Beach, Broward, Indian River, Martin, Okeechobee, St. Lucie

Fifth District Court of Appeal
Circuits: 4th, 5th, 7th, 18th
Counties: Clay, Duval, Nassau, Citrus, Hernando, Lake, Marion, Sumter, Flagler, Putnam, St. Johns, Volusia, Brevard, Seminole

Sixth District Court of Appeal
Circuits: 9th, 10th, 20th
Counties: Orange, Osceola, Hardee, Highlands, Polk, Charlotte, Collier, Glades, Hendry, Lee

Recently Issued Opinions

Recently Issued Opinions from the Florida Supreme Court

Recently Issued Opinions from the First District Court of Appeal

Recently Issued Opinions from the Second District Court of Appeal

Recently Issued Opinions from the Third District Court of Appeal

Recently Issued Opinions from the Fourth District Court of Appeal

Recently Issued Opinions from the Fifth District Court of Appeal

Recently Issued Opinions from the Sixth District Court of Appeal

Recently Issued Opinions from the Judicial Ethics Advisory Committee

Additional Resources

Florida Rules of Appellate Procedure – This document provides the comprehensive set of rules governing appellate practice and procedure in Florida’s appellate courts, effective as of July 1, 2024.

Florida Self Represented (Pro Se) Appellate Handbook – Prepared by individual members of The Florida Bar Appellate Practice Section as a public service, this handbook is designed to assist individuals representing themselves in appellate matters. It is not intended to substitute for the advice of an experienced appellate lawyer.

The Record – The Record is the Journal of the Florida Bar Appellate Practice Section. Articles are published regularly online and address substantive appellate topics and other issues of interest to appellate practitioners.

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Conflicts with HOAs are complex. Don’t go it alone. Contact us today for a case review.

How Perez Mayoral, P.A. Helps Businesses as a Law Firm
How We Help People in Their Disputes with HOAs (with Attorney Erik Perez)
Types of Miami Business Litigation Our Practice Handles

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