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ORLANDO: 407-245-7723

TAMPA: 813-251-2701

Commercial Litigation

The DeWitt Law Firm represents clients in general civil commercial litigation in state and federal courts. Commercial litigation encompasses all types of legal issues related to business disputes. If you find yourself with questions regarding any commercial litigation issues, feel free to contact DeWitt Law Firm for further information and assistance.




Examples of issues included within commercial litigation are:

Breach of Contract: Actions for breach of contract can be against vendors, clients, employees, former employees, employers, real estate or business partners, or any other entity where a contract exists between a business and another person or entity or between participants in a business.

Business Dissolutions: Disputes between or among members of a business can result in the dissolution or termination of the business enterprise. Often, buy-sell or shareholder agreements, the fair market value of the business, and how debt and assets are handled are issues addressed in this type of litigation.

Shareholder or Partnership Disputes: Disagreements between shareholders or partners need not result in the dissolution of the business. However, these disagreements may nonetheless need to be litigated and resolved by the courts. Such disputes may involve, for instance, the relative rights and responsibilities of the business owners, salaries or distributions made to the owners and other issues involving the day to day running of the business.

Employment Disputes: Disputes often arise between employers and employees over issues such as overtime, holiday pay, and work responsibilities.

Agreements Limiting Competition: Agreements limiting competition include non-compete, non-disclosure, and non-solicitation agreements. Pre-trial injunctions and restraining orders are common in these types of cases.

Breach of Fiduciary Duty: Persons in positions of trust who abuse or misuse that trust may have violated their fiduciary obligation. For examples, majority shareholders may owe a fiduciary obligation to minority shareholders, officers and directors of a corporation to their shareholders, or trustees to the beneficiaries of a trust.

Tortuous Interference with Contractual or Business Relations: These disputes arise when one person or entity has a contract or a business relationship with another and someone else wrongfully interferes with that contract or relationship.

Debt Collections: Collecting past due amounts for businesses from clients and other businesses or individuals.

Fraud and Deceptive Trade Practices: Fraud, misrepresentation, or deception in business can take many different forms. Examples include misrepresentations in product quality, financials of businesses bought or sold, or square footage or other qualities of real estate purchased or sold.

Purchase and Sale Contracts: Purchase and sale contracts can involve the purchase and sale of land, businesses, buildings, or product or the transfer or assignment of leases.

Misuse of Intellectual Property: Copyrights, trademarks, trade secrets, service marks and patents are all forms of intellectual property which if misused can give rise to litigation involving intellectual property rights.

All other disputes involving businesses or their members, employees, vendors, clients, or independent contractors.

Litigation is not the only way to resolve commercial disputes. Alternative dispute resolution methods such as arbitration or mediation can often help accomplish a more effective and efficient resolution to a business dispute.

More Commercial Law Information:

DeWitt Law Legal Resources

bigstock-Real-Estate-Lender-Home-Forecl-3098313 The Current State of the Paragraph 22 Defense in Florida

For years, homeowners defending mortgage foreclosure actions have raised what is commonly referred to as the paragraph 22 notice defense. They have asserted as an affirmative defense to mortgage foreclosure actions that their mortgage has certain very specific notice requirements that the lender must give prior to accelerating the amounts due under the mortgage. Homeowners and their defense attorneys previously argued that the lender must strictly comply with these requirements.

forweb When To File A Notice Of Appeal

Can you toll (extend) the time to file a notice of appeal by filing a motion for rehearing directed toward an order granting summary judgment? Many attorneys believe that the answer to this question is yes, as long as you file your motion for rehearing within 15 days.

dewitt1 Cases in the News that Affect Central Florida Residents

DeWitt Law Review is live every Sunday at 10am on WDBO 96.5FM. This week’s topic: recent cases in the new cycle that might have an effect on Central Florida residents.

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Offices

Orlando Office:

Phone: 407-245-7723

37 N. Orange Avenue, Suite 840
Orlando, FL 32801

Tampa Office:

Phone: 813-251-2701

607 West Bay Street
Tampa, FL 33606