Areas of Practice

We represent individuals and businesses in a wide variety of disputes and lawsuits. From initial demand, through trial, settlement negotiations, appeals and post-judgment collection efforts, our firm diligently represents clients in disputes and lawsuits in Charlotte County and throughout the State of Florida. Our litigation practice includes business litigation, probate and trust litigation, real property litigation, construction litigation, breach of contract actions and community association disputes.

 

Business Litigation

 

We engage in numerous transactions on a daily basis. From the complex (purchasing a business, securing financing to develop property) to the routine (hiring a painter, lending money to a friend), there are multiple ways that a transaction can go sideways. Commercial litigation involves every type of dispute that can arise in the business context, including breach of contract cases, partnership disputes, unfair and deceptive business practices, breaches of fiduciary duty, shareholder disputes, derivative actions and creditor claims. Though these cases often result in settlement, it is important to choose a lawyer that is prepared to take your case to trial should settlement talks break down.

Fiduciary Litigation

 

Occasionally, disputes arise in probate or during the administration of a trust. Unfortunately, these disputes often involve highly charged and emotional conflict between and among family members, beneficiaries and fiduciaries. Many of these grievances have been brewing for years, and the death of a loved one brings these family conflicts to the forefront. Probate and trust litigation is a unique practice area, and may include will contests, will and trust construction, trust modification, breach of fiduciary duty, elective share litigation, removal or surcharge of a fiduciary, accountings and creditor disputes.

Real Property Litigation

 

Perhaps your neighbor refuses to remove his fence from your property, or you were unable to close on the sale of your property because a (now) deceased former owner unwisely prepared his own deeds many years ago. Disputes involving real property are often nuanced and complex, especially in cases where it is unclear exactly who owns the property. Real property litigation includes title defects, mortgage foreclosures, reformation of deeds and instruments, boundary disputes, landlord-tenant and other possession cases and contract disputes between buyers and sellers or clients and Realtors.

Construction Law

 

Construction is very often the most important economic activity in Southwest Florida, both in boom times and lean years. Unfortunately, Chapter 713, Florida Statutes (governing construction liens), is notoriously Byzantine and filled with traps for the unwary. For example, many owners are shocked to learn that they have to pay twice for a job, even after they already paid the general contractor, and even though their bank was actually handling the payments. We represent owners, developers, builders, subcontractors and material suppliers in a variety of construction related matters, to include construction defects, lien perfection and foreclosure and breach of contract actions.

Community Association Law

 

A significant number of Floridians live in communities subject to recorded restrictions and governed by boards of directors. It is not surprising to learn that friction often develops within these communities. We represent both owners and community associations in most compliance and litigation matters applicable to condominium or homeowners associations.