Question 1

I was just served with a lawsuit in Miami. What do I do first?

Accepted Answer

Look at the summons and find your deadline. In Florida you generally have 20 days from service to file a response, and that clock does not stop while you decide what to do. Missing it can result in a default judgment entered against you without any hearing on the merits. Do not contact the other party or their lawyer directly. Do not delete emails, texts, or documents relating to the dispute. Destroying evidence after litigation is anticipated creates a separate problem that is worse than the underlying case. Preserve everything, including drafts and internal communications. Then get counsel. The first response, whether an answer, a motion to dismiss, or a counterclaim, sets the posture of the entire case.

Question 2

When should I hire a civil litigation attorney?

Accepted Answer

Earlier than most people do. Pre-suit work frequently shapes the outcome of a dispute more than anything that happens after a complaint is filed. Demand strategy, statute of limitations analysis, and evidence preservation all benefit from early counsel involvement, and none can be done well retroactively. Emails get deleted, witnesses leave companies, and documents get discarded in the ordinary course of business. By the time a dispute feels serious enough to warrant a lawyer, some of the evidence that would have settled it is often gone.

Question 3

Someone owes my business money and will not pay. What are my options?

Accepted Answer

A demand letter from counsel resolves a meaningful share of these before anything is filed. If it does not resolve, the question becomes where to file, which depends on the amount at stake. Under $50,000 goes to Miami-Dade County Court. Above that, circuit civil. The contract itself matters here, particularly whether it contains an attorney's fees provision, a venue clause, or an arbitration clause. Any of those changes the calculus before a pleading is drafted. Collectability also matters. It is worth assessing whether the other side can satisfy a judgment before spending money to obtain one.

Question 4

What is the statute of limitations for a civil claim in Florida?

Accepted Answer

It depends on the claim. Written contracts carry a five-year period. Oral contracts, four years. Fraud, four years, running from when the fraud was discovered or should have been discovered with due diligence. Professional malpractice, two years. Negligence claims are now two years for accidents occurring on or after March 24, 2023, following HB 837, having previously been four. Real property actions vary. The clock generally runs from when the cause of action accrues, with discovery-rule exceptions for certain claims. Missing the deadline permanently bars the claim regardless of its merit. See our full Florida Statute of Limitations reference guide for the complete breakdown by case type.

Question 5

Can I recover my attorney's fees in a Florida civil case?

Accepted Answer

Sometimes, and it changes strategy substantially when you can. Florida follows the American Rule, meaning each party generally bears its own fees. The exceptions matter. Many commercial contracts include a prevailing party attorney's fees provision. Specific Florida statutes provide fee-shifting in defined contexts. Florida's offer of judgment statute at Fla. Stat. 768.79 and the proposal for settlement procedure can also produce fee recovery, and a well-timed proposal can shift the economics of a case. Whether fees are recoverable should be assessed at the outset.

Question 6

What is an injunction and when would I need one in Miami?

Accepted Answer

An injunction is a court order requiring a party to do something, or to stop doing something, while the case is pending or permanently. A temporary restraining order provides emergency relief on minimal notice. A preliminary injunction provides ongoing relief during the litigation. A permanent injunction follows final judgment. To obtain one you generally have to show irreparable harm that money damages cannot fix, a substantial likelihood of success on the merits, that the balance of harms favors you, and that the public interest supports the relief. These are time-sensitive and usually filed alongside the complaint. Common triggers in Miami business disputes include a departing partner taking client lists, a former employee violating a non-compete, or a party about to dissipate assets.

Question 7

Does my contract's arbitration clause mean I cannot go to court?

Accepted Answer

Usually it means the dispute goes to arbitration rather than to a Miami-Dade judge, and Florida courts generally enforce these clauses. There are exceptions. The clause may not cover every kind of claim in the dispute. It may be unenforceable based on how it was drafted or agreed to. The right to arbitrate can also be waived by a party that litigates in court first without asserting it. Arbitration is often faster and more private but offers very limited grounds for appeal. This should be evaluated before anything is filed. Filing in the wrong forum wastes money and can waive rights.

Question 8

What does civil litigation cost in Miami?

Accepted Answer

Most civil matters are handled hourly. Certain phases can be priced as flat fees, and some plaintiff-side matters may be eligible for contingency or hybrid arrangements. The main driver of cost is discovery, not the courtroom. Document production, depositions, and outside professional fees consume the majority of a litigation budget, so scope has to be managed deliberately. A case that is well positioned before suit is filed frequently costs a fraction of one that drifts into full discovery. The fee structure, the likely range, and the points where cost escalates are all discussed at the initial consultation, which is free.

Question 9

How long does a civil lawsuit take in Miami-Dade?

Accepted Answer

Timelines vary widely. A straightforward contract dispute resolved at the demand stage or on a motion to dismiss may take a few months. A case that proceeds through full discovery and motion practice in circuit civil typically runs 12 to 24 months. Complex commercial litigation with multiple parties, extensive document production, and testimony from outside professionals can run considerably longer. Cases in the Complex Business Litigation Division often move on a more predictable schedule, because the division uses structured case management and the judges rule on written submissions rather than waiting for hearing availability.

Question 10

Do civil disputes always end up at trial?

Accepted Answer

No. The large majority of civil cases resolve before trial, through negotiation, mediation, or dispositive motion. Florida courts routinely order mediation, and in Miami-Dade it functions as a real decision point rather than a formality. The cases that settle on favorable terms tend to be the ones prepared as though they would be tried. A party that is unprepared for trial has little leverage in a mediation.

Question 11

Where would my business lawsuit be filed in Miami-Dade?

Accepted Answer

It depends on the amount in controversy. Claims under $50,000 go to Miami-Dade County Court. Claims above that proceed in the Circuit Civil Division of the Eleventh Judicial Circuit, at the Osvaldo N. Soto Miami-Dade Justice Center, where twenty-four circuit judges hear contract disputes, torts, real estate matters, and business cases. Complex business matters above $750,000, including breach of contract, business torts, shareholder disputes, construction defect, and trade secrets claims, may be assigned to the Complex Business Litigation Division, which operates in Sections 43 and 44 before two dedicated judges. The Eleventh Circuit also runs an International Commercial Arbitration Court. Appeals go to the Third District Court of Appeal. Cases with federal jurisdiction proceed in the U.S. District Court for the Southern District of Florida.

Question 12

What is the Complex Business Litigation Division and would my case go there?

Accepted Answer

The Eleventh Judicial Circuit created the Complex Business Litigation Division in 2006 to handle business cases that were languishing on the general civil docket. It hears matters generally exceeding $750,000 that involve complex legal or case management issues, including breach of contract, business torts, shareholder and partnership disputes, construction defect, and trade secrets litigation. Cases can also be assigned there at the court's discretion. The division uses structured briefing schedules closer to the federal rules, and the judges decide motions on the papers rather than waiting for hearings, which generally makes it faster and more predictable than the regular civil docket. Employment cases, eminent domain, tax and zoning appeals, and certain other matters are excluded.

Question 13

Does the firm handle both plaintiff and defense work?

Accepted Answer

Yes. The firm represents plaintiffs pursuing claims and defendants facing them. Each side calls for different strategy, but the underlying preparation is the same. Understanding how the other side builds a file is useful when you are on either one. Conflicts are screened at intake on every matter.

Question 14

Will I work with Andre directly, or get handed to an associate?

Accepted Answer

You work with Andre. The firm is a boutique practice by design. Andre conducts each consultation, reads the contracts and the record himself, drafts the pleadings, takes the depositions, and appears at hearings in the Eleventh Judicial Circuit personally. There is no associate or case manager running the matter out of view. In litigation, the person arguing the motion needs to know the record in detail.

Question 15

Does the firm handle cases in federal court?

Accepted Answer

Yes. Andre has been admitted to the U.S. District Court for the Southern District of Florida since 1991 and the Middle District since 2001. Civil cases reach federal court through diversity jurisdiction, where the parties are from different states and the amount in controversy exceeds $75,000, or through a federal question. A case filed in Miami-Dade circuit court can also be removed to federal court by a defendant. Whether to fight that removal is a strategic decision, because the two forums operate under different rules and different discovery expectations.

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