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Civil Litigation Practice

Civil Litigation in Miami, Florida

Contract disputes, business conflicts, fraud claims, real estate matters, and emergency injunctive relief across South Florida since 1989. Direct attorney involvement on every case.

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35+
Years of Practice
Florida Bar member since 1989
1989
Florida Bar Licensed
University of Miami School of Law
State & Federal
Court Admission
SDFL (1991), MDFL (2001)
Boutique
Practice Model
Direct attorney involvement
Boutique Practice

One attorney involved on every case.

Civil litigation rewards careful preparation, disciplined strategy, and direct attorney attention. The Law Offices of Andre A. Rouviere is intentionally a boutique practice. Andre conducts each consultation, drafts the pleadings, reviews the contracts and records, takes the depositions, and appears in court personally.

Calls reach Andre directly. There is no intake center, no automated routing, no junior attorney screening. The same attorney who takes the call handles the case through resolution.

Civil Litigation Areas

Cases the Firm Handles

Each area below has its own page with the specific legal framework, defenses, and litigation considerations involved.

Contract Disputes

Breach of contract, non-performance, enforcement, and disagreements over terms, obligations, or financial loss.

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Business Disputes

Conflicts between companies, partners, or entities involving operations, obligations, and breakdowns in business relationships.

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Fraud & Misrepresentation

Civil claims involving deceptive conduct, false statements, reasonable reliance, and financial harm.

Explore Fraud Claims →

Real Estate Litigation

Disputes involving property ownership, transactions, contracts, title issues, and real estate investment conflicts.

Explore Real Estate Litigation →

Commercial Litigation

High-stakes business litigation involving financial exposure, contractual disputes, and complex commercial relationships.

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Partnership & Shareholder Disputes

Ownership rights, control, fiduciary duties, and internal disputes between business partners or shareholders.

Explore Ownership Disputes →

Injunctions & Emergency Relief

Temporary restraining orders, preliminary injunctions, and urgent court action to preserve rights or prevent immediate harm.

Explore Injunctive Relief →
“
Most civil disputes settle. The cases that settle on favorable terms are the ones that have been prepared as if they were going to trial. The work that drives that outcome happens long before any negotiation.
Andre A. Rouviere · Attorney
Plaintiff vs. Defendant Representation

Two Sides of Civil Litigation

Civil disputes look fundamentally different depending on which side of the case you are on. The firm represents both.

Pursuing a Claim

Plaintiff Representation

  • Pre-suit investigation, demand letters, and settlement positioning
  • Statute of limitations analysis and timing strategy
  • Drafting and filing complaints; pleading the elements
  • Evidence preservation, document collection, and witness identification
  • Burden of proof: building affirmative case under Florida and federal rules
  • Damages analysis, expert retention, and recovery strategy
Defending a Claim

Defendant Representation

  • Answer, affirmative defenses, and counterclaim assessment
  • Motions to dismiss for failure to state a claim or jurisdictional defects
  • Statute of limitations and other procedural defenses
  • Discovery strategy: protecting privileged and proprietary materials
  • Settlement leverage analysis; cost-benefit posturing
  • Trial defense, dispositive motions, and post-judgment positioning
How Cases Are Handled

What the Litigation Work Actually Is

Most civil cases settle. The settlements that actually compensate the client, or that close out exposure on favorable terms, are reached because the case was prepared as if it would go to trial. Civil litigation work happens in five phases.

The first phase is case evaluation. Reviewing contracts, communications, financial records, and corporate documents. Identifying the legal theories that fit the facts, the defenses the other side will raise, and the realistic damages exposure. The first 30 days often determine whether the case settles cheaply or escalates.

The second phase is strategic positioning. Demand letters, response strategy, and pre-suit settlement leverage. Many disputes resolve at this stage when handled carefully. Cases that do not resolve here move forward with the work product already in place.

The third phase is pleadings and motion practice. Drafting complaints, answers, and counterclaims that protect the case posture. Motions to dismiss, motions for judgment on the pleadings, and early motion practice can dispose of weak claims or defenses before discovery costs accumulate.

The fourth phase is discovery. Document requests, depositions, interrogatories, and the slow accumulation of evidence that defines the case. The discovery record drives every subsequent decision: settlement value, summary judgment, and trial preparation.

The fifth phase is resolution. Mediation, summary judgment, trial, or negotiated settlement. The path depends on the strength of the record, the financial stakes, and the client's strategic goals.

Common Questions

Frequently Asked Questions

When should I hire a civil litigation attorney?+
As early as possible. Pre-suit work often shapes the outcome of a dispute more than anything that happens after a complaint is filed. Demand strategy, evidence preservation, statute of limitations analysis, and settlement positioning all benefit from early counsel involvement.
Do civil disputes always go to trial?+
No. Most civil cases settle before trial through negotiation, mediation, or motion practice. Cases that settle on favorable terms are typically those that were prepared as if they would proceed to trial. The threat of a well-prepared trial posture is what produces strong settlements.
How long do civil litigation cases take?+
Timelines vary considerably. Simple contract disputes resolved at the demand or motion-to-dismiss stage may take a few months. Cases that proceed through full discovery and motion practice typically take 12 to 24 months. Complex commercial litigation with multiple parties or extensive discovery can run longer.
What is the statute of limitations for a civil claim in Florida?+
Florida statutes of limitations vary by claim type: written contracts (5 years), oral contracts (4 years), fraud (4 years from discovery), professional negligence (2 years), real property actions (varies). The clock typically runs from when the cause of action accrues, with discovery-rule exceptions for certain claims. Missed deadlines can permanently bar a claim.
What does civil litigation cost?+
Civil litigation fee structures vary by case type. Some matters are handled hourly, others on flat-fee arrangements for specific phases, and certain plaintiff matters may be eligible for contingency or hybrid arrangements. Costs depend on case complexity, expected discovery scope, and likelihood of trial. Specifics are discussed openly at the initial consultation.
What is an injunction and when do I need one?+
An injunction is a court order requiring a party to do or stop doing something. Temporary restraining orders provide emergency relief on minimal notice; preliminary injunctions provide ongoing relief during litigation; permanent injunctions follow final judgment. Injunctions require showing irreparable harm, likelihood of success on the merits, balance of harms, and public interest. They are time-sensitive and often filed alongside the underlying complaint.
Can I recover attorney's fees in a civil case?+
Sometimes. Florida follows the American Rule, meaning each party generally bears its own fees, but exceptions exist. Many contracts include attorney's fees provisions. Specific Florida statutes provide fee-shifting in defined contexts. Florida's offer of judgment statute (768.79) and proposal for settlement procedure can also produce fee recovery. Whether fees are recoverable affects case strategy from the outset.
Does the firm handle both plaintiff and defense work?+
Yes. The firm represents both plaintiffs pursuing claims and defendants facing litigation. Each side requires different strategy, but the underlying preparation and disciplined approach to the case is the same.
Speak With Andre

Direct attorney access at (305) 774-7000

Civil disputes resolve faster and on better terms when counsel is engaged early. The first conversation is the right time to assess strategy, deadlines, and exposure.

📞 Call (305) 774-7000 Request Confidential Consultation
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