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Civil Litigation Practice

Miami Civil Litigation Attorney

Contract disputes, business conflicts, fraud claims, real estate matters, and emergency injunctive relief in Miami-Dade, Broward, and the Southern District of Florida since 1989. Plaintiff and defendant representation with 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 Miami 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 hearings in the Eleventh Judicial Circuit himself.

Calls reach Andre directly without a screening service or junior intake. The same attorney who takes the call handles the case through resolution.

Eleventh Judicial Circuit

Where a Miami Business Dispute Gets Heard

Miami-Dade civil cases are not all filed in the same place. Where a case lands changes how it is managed, how quickly it moves, and what the judge expects. The division is a strategic decision, and it is made before filing.

Under $50k

County Court

Smaller claims proceed in Miami-Dade County Court. Faster and less costly, with a narrower procedural toolkit and less room for extensive discovery.

Over $50k

Circuit Civil

Cases above the county threshold proceed in the Circuit Civil Division at the Osvaldo N. Soto Miami-Dade Justice Center. Contract disputes, torts, real estate, and business matters. Twenty-four circuit judges hear this docket.

Over $750k

Complex Business Litigation

Created in 2006, the CBL Division handles complex business matters in Sections 43 and 44 before two dedicated judges. Breach of contract, business torts, shareholder disputes, construction defect, and trade secrets.

The Eleventh Judicial Circuit also operates an International Commercial Arbitration Court in Sections 46 and 47. Appeals from Miami-Dade civil judgments go to the Third District Court of Appeal. Federal civil matters proceed in the U.S. District Court for the Southern District of Florida, where Andre has been admitted since 1991.

Civil Litigation Areas

Disputes the Firm Handles in Miami-Dade

Each area below has its own page covering the specific legal framework, the available defenses, and the litigation considerations involved. Plaintiff and defendant representation in every category, throughout Miami-Dade and Broward County.

Contract Disputes

Breach of contract, non-performance, enforcement, and disagreements over terms, obligations, or financial loss. Written contracts carry a five-year limitations period in Florida.

See all Florida deadlines

Explore Contract Disputes →

Business Disputes

Conflicts between Miami companies, partners, and 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. Four years from discovery in Florida.

See all Florida deadlines

Explore Fraud Claims →

Real Estate Litigation

Disputes involving property ownership, transactions, contracts, title defects, and real estate investment conflicts across South Florida.

Explore Real Estate Litigation →

Commercial Litigation

Business litigation with significant financial exposure. Matters above $750,000 may be assigned to the Eleventh Circuit's Complex Business Litigation Division.

Explore Commercial Litigation →

Partnership & Shareholder Disputes

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

Explore Ownership Disputes →

Injunctions & Emergency Relief

Temporary restraining orders, preliminary injunctions, and urgent court action in Miami-Dade 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 & Defendant Representation

Two Sides of Miami Civil Litigation

A civil dispute looks different depending on which side of it you are on. The firm represents both, in Miami-Dade circuit and county court and in the Southern District of Florida.

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
  • Building the affirmative case under Florida and federal rules
  • Damages analysis, outside professional 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 and cost-benefit posturing
  • Trial defense, dispositive motions, and post-judgment positioning
How Cases Are Handled

What the Litigation Work Really Is

Most civil cases settle. The settlements that compensate the client, or close out exposure on favorable terms, come from cases prepared as if they would go to trial in Miami-Dade.

Case Evaluation

The work begins with reading the contracts, the communications, the financial records, and the corporate documents in detail. Identifying which legal theories fit the facts, what defenses the other side will raise, and what the realistic damages exposure looks like. It also means identifying early whether the matter belongs in county court, circuit civil, the Complex Business Litigation Division, or federal court. That decision shapes cost and timeline substantially. The first 30 days often determine whether a case settles cheaply or escalates.

Strategic Positioning

Demand letters, response strategy, and pre-suit settlement leverage. A meaningful number of Miami business disputes resolve here, before either side has spent money on litigation. Cases that do not resolve at this stage move forward with the work product already built.

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. In the Complex Business Litigation Division, briefing schedules follow a structure closer to the federal rules, and the judges rule on the papers rather than waiting for a hearing. Early and thorough motion work matters more there.

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. Most of the cost lives here too, so the scope has to be managed deliberately.

Resolution

Resolution comes through mediation, summary judgment, trial, or negotiated settlement. Florida courts routinely order mediation before trial, and in Miami-Dade it functions as a real decision point. Which path makes sense depends on the strength of the record by that stage, the financial stakes, and what the client wants out of the case.

Common Questions

What Miami Businesses Ask First

Getting Started
I was just served with a lawsuit in Miami. What do I do first?+
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.
When should I hire a civil litigation attorney?+
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.
Someone owes my business money and will not pay. What are my options?+
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.
Florida Law and Deadlines
What is the statute of limitations for a civil claim in Florida?+
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.
Can I recover my attorney's fees in a Florida civil case?+
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.
What is an injunction and when would I need one in Miami?+
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.
Does my contract's arbitration clause mean I cannot go to court?+
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.
Cost, Time, and Process
What does civil litigation cost in Miami?+
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.
How long does a civil lawsuit take in Miami-Dade?+
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.
Do civil disputes always end up at trial?+
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.
Where would my business lawsuit be filed in Miami-Dade?+
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.
What is the Complex Business Litigation Division and would my case go there?+
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.
Working With the Firm
Does the firm handle both plaintiff and defense work?+
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.
Will I work with Andre directly, or get handed to an associate?+
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.
Does the firm handle cases in federal court?+
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.
Speak With Andre

Direct attorney access at (305) 774-7000

A response to a Florida complaint is generally due within 20 days of service. 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.

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