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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 requires sustained attention from someone who understands the full record. The Law Offices of Andre A. Rouviere is a boutique practice by design. Andre handles each consultation personally, drafts the pleadings, takes the depositions, and appears at the hearings.

Calls reach Andre directly without a screening service or junior intake. 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.

Explore Contract Disputes →

Business Disputes

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

Explore Business Disputes →

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.

Explore Commercial Litigation →

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, but the ones that settle on terms the client can live with are the ones prepared seriously from day one. The work that drives the result happens long before any settlement conversation.
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 close out exposure on favorable terms, come from cases that were prepared as if they would go to trial.

Case Evaluation

The work begins with reading the contracts, the communications, the financial records, and the corporate documents in detail. Identifying which legal theories actually fit the facts, what defenses the other side will raise, and what the realistic damages exposure looks like. The first 30 days often determine whether a case settles cheaply or escalates into protracted litigation.

Strategic Positioning

Demand letters, response strategy, and pre-suit settlement leverage. A meaningful number of disputes resolve here when handled carefully. Cases that do not resolve at this stage move forward with the work product already in place, which gives the client an advantage going into pleadings.

Pleadings & Motion Practice

Complaints, answers, and counterclaims drafted to protect case posture. Motions to dismiss or for judgment on the pleadings can dispose of weak claims or defenses before discovery costs accumulate.

The discovery record drives every subsequent decision about settlement value, summary judgment, and trial preparation.

Discovery

Document requests, depositions, and interrogatories accumulate the evidence that defines the case. This is where the factual record gets locked in for both sides and where most of the case-shaping work happens.

Resolution

Resolution comes through mediation, summary judgment, trial, or negotiated settlement. Which path makes sense depends on the strength of the record by that point, the financial stakes, and what the client actually wants out of the case.

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 and statute of limitations analysis benefit substantially from early counsel involvement, and evidence preservation is harder to do retroactively.
Do civil disputes always go to trial?+
No. Most civil cases settle before trial through negotiation, mediation, or motion practice. The cases that settle on favorable terms tend to be the ones that were prepared as if they would proceed to trial. A well-prepared trial posture is what produces strong settlements.
How long do civil litigation cases take?+
Timelines vary. 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?+
Fee structures vary by case type. Most civil matters are handled hourly. Some specific phases can be priced as flat fees, and certain plaintiff matters may be eligible for contingency or hybrid arrangements. Total cost depends on case complexity, expected discovery scope, and likelihood of trial. Specifics get 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. To get one, you generally have to show irreparable harm, likelihood of success on the merits, balance of harms, and that the public interest favors the relief. Injunctions 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 is the same.
Speak With Andre

Direct attorney access at (305) 774-7000

Civil disputes resolve better when counsel is engaged early. Initial consultations are free and confidential, with no obligation to retain. The first conversation is the right time to assess strategy and deadlines.

📞 Call (305) 774-7000 Request Confidential Consultation
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