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What Is The Business Litigation Process In Florida?

How Do I Handle A Boundary Dispute With Another Florida Property Owner?

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What Is The Business Litigation Process In Florida?

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Business litigation refers to the legal disputes that come between businesses between people that are related to business matters. These conflicts can include things like breach of contract, and intellectual property disputes, and they can have significant financial implications. Here’s what to expect during the business litigation process in Florida.

The Pre-Litigation Phase

Before filing a lawsuit, you should try to resolve the dispute through negotiation or alternative dispute resolution methods. This pre-litigation phase often involves sending demand letters, engaging in settlement discussions, and exploring mediation or arbitration options.

Selecting The Correct Court

Once it becomes clear you can’t resolve the dispute, the next step is to determine the appropriate court to file a lawsuit. Depending on the nature and value of the dispute, it may be filed in small claims court, state court, or federal court.

The Discovery Stage

Once the lawsuit is filed, you’ll enter the discovery stage. This stage is when both sides collect evidence and exchange information related to the dispute. Discovery can include written requests for documents, depositions, interrogatories, and requests for admissions. The discovery stage allows each party to gain a better understanding of the opposing party’s case and evidence.

Litigation    

During the trial, both sides present their evidence and arguments to the judge or jury. The judge or jury then makes a decision, either in the form of a verdict or judgment. Litigation can be a complex and lengthy process, requiring the expertise of a business litigation attorney with courtroom experience.

Post-Trial Proceedings

After a verdict or judgment is reached, there are still additional steps that may need to be taken. If the decision is in your favor, you may need to enforce the judgment to collect any damages awarded. If the decision is not in your favor, you may have the option to file an appeal to a higher court.

Get Help From An Experienced Florida Business Litigation Lawyer Now 

The business litigation process in Florida involves several stages, each requiring careful navigation and expertise to protect your interests and successfully resolve the dispute. A skilled attorney can guide you through each step of the process, ensuring that you have the best possible chance of achieving a favorable outcome. 

Contact Feinstein Real Estate Litigation & Business Law if you have questions or to schedule your initial consultation to discuss your case. Call now at 954-767-9662.

By : admin | July 29, 2023 | Business Litigation

How Do I Handle A Boundary Dispute With Another Florida Property Owner?

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Boundary disputes between property owners are a common problem that often happen as a result of unclear or improperly marked property lines. These conflicts can escalate and cause a lot of stress for everyone involved. Here are some tips on how to handle a boundary dispute with another property owner and how to get legal help. 

Understanding Boundary Disputes

Boundary disputes occur when there is a disagreement over the location of a property line between two touching properties. They may be caused by things like conflicting surveys, misplaced markers, or unclear property descriptions in deeds. There are four main types of boundary disputes: 

  • Encroachment – when a structure, fence, or other improvements cross onto a neighboring property
  • Fence and wall disputes – disagreements about the location, ownership, or maintenance responsibilities of fences or walls that mark property lines
  • Trespass – unauthorized use or entry onto someone else’s land
  • Adverse possession – when someone occupies and uses another person’s property openly and without permission for a significant period, which can lead to a legal claim of ownership

When To Hire A Professional Land Surveyor

If you’re involved in a boundary dispute, it’s important to get an objective opinion. Hiring a professional land surveyor can provide accurate measurements, expert analysis, and documentation of property boundaries to help support your case.

How To Resolve Property Conflicts

In many cases, resolving a boundary dispute through mediation and negotiation can lead to mutually satisfactory outcomes by avoiding the need for costly litigation. During this process, you and your attorney will meet with the other side and a neutral third party who can help you compromise with one another to reach a mutually beneficial resolution. 

If efforts at mediation fail to resolve the boundary dispute, you may need to consider legal action. Start by gathering all relevant documentation, such as property deeds, surveys, photographs, or videos that support your claim of the property boundary. Then, you can work with a lawyer to file a claim. 

Litigation can sometimes be lengthy and emotionally draining. Be prepared for court appearances, negotiations, and potential settlement discussions.

Conclusion

Boundary disputes with other South Florida property owners can be stressful and challenging, but with the right approach, they can be resolved. Contact Feinstein Real Estate Litigation & Business Law today for more information by calling 954-767-9662 or leaving a message using our online contact form. 

By : admin | July 25, 2023 | Real Estate Litigation
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