Commercial litigation covers lawsuits over business contracts, ownership, fraud, debts and property. Aaron Resnick, a Miami business attorney, represents businesses and their owners bringing or defending those claims. He handles demands, settlement negotiations, court proceedings and appeals; the claim, evidence and court's authority determine the next step.
Aaron Resnick, a Miami business attorney with Law Offices of Aaron Resnick, represents businesses and their owners in commercial lawsuits from the first demand through trial and appeal.
What Is Commercial Litigation?
Commercial litigation concerns business disputes involving contracts, ownership, fraud, intellectual property and real estate. Aaron Resnick represents the party bringing a claim or the party defending it, with the aim of resolving the dispute and protecting the business and its assets through court proceedings or negotiation.
A dispute may involve another company, a business partner, a customer, a lender or a landlord. Which court can hear the case depends on the claims, parties and the court's authority, not simply on the fact that the dispute involves a business.
Read about Miami business litigation and the firm's broader work as Miami Business and Litigation Attorneys.
What Kinds of Commercial Disputes Does Aaron Resnick Handle?
Aaron Resnick handles contract disputes, business torts, partnership and shareholder disputes, intellectual property disputes and real estate litigation. He also handles the emergency, collection and appeal work connected with those cases. The table explains the issues each category can involve and links to the firm's related services.
| Kind of Dispute | What It Can Involve | Read More |
|---|---|---|
| Contract disputes | Disagreements about the terms or performance of a business contract, including breach of a real estate contract. | Contracts |
| Business torts | Claims involving fraud, breach of fiduciary duty, unfair business practices or other wrongful conduct affecting a business. | Business fraud; business defamation |
| Partnership and shareholder disputes | Disputes between business partners or shareholders over management, profit sharing and company operations. | Partnership and shareholder dispute resolution; minority shareholder disputes |
| Intellectual property disputes | Disputes involving patents, copyrights, trademarks and trade secrets. | Trade secrets and intellectual property |
| Real estate litigation | Disputes over property rights, leases, development agreements, zoning compliance and other real estate issues. | Real estate litigation |
The stage of the dispute and the relief the business needs shape Aaron Resnick's approach. His work also includes:
- Emergency business injunctions, when a business needs prompt review of a request for court protection.
- Civil appeals in Florida state and federal court.
- Securities litigation for investors and companies.
- Franchise litigation in Miami.
- Business disputes inside a trust or estate.
- Construction lien claims in Florida.
- Collecting a judgment in Florida.
- Options when a check is returned unpaid and Florida worthless check claims, including the written demand required before seeking the additional civil remedies under chapter 68, Florida Statutes.
When a dispute involves a foreign party, service abroad or a foreign judgment, the international litigation attorney page explains the Florida court work.
How Does a Commercial Lawsuit Move Through Court?
A commercial lawsuit can involve evaluation, pleadings, discovery, motions, settlement discussions and trial. Those stages can overlap, and not every case reaches trial. Aaron Resnick explains what each stage requires, what the court has decided and which choices remain, while keeping the business's goals and the court's deadlines in view.
- Case evaluation and strategy before suit. Aaron Resnick assesses the claims and defenses, develops the strategy, and discusses possible outcomes and anticipated costs with the client.
- Pleadings. The complaint states the claim; the response addresses it and may include counterclaims. Florida's pleading rules govern which papers are required. See pleadings and motions for what each filing asks the court to decide.
- Discovery. The parties exchange information using methods such as depositions, document requests and written questions called interrogatories. Discovery has limits, including relevance, proportionality and protection for privileged information.
- Motions before trial. A motion to dismiss or motion for summary judgment can resolve a claim or narrow the issues when its legal requirements are met.
- Settlement and negotiation. The parties can negotiate while the case proceeds, rather than waiting until discovery or motions are finished. Aaron Resnick discusses proposed terms and their effect on the business.
- Trial. Claims that remain for trial are decided by a judge or, when a jury trial is available and properly requested, a jury. A case resolved by a court ruling need not go to trial merely because it did not settle.
The U.S. Courts' civil case guide explains the federal process. Aaron Resnick also handles civil appeals. Read the firm's answers to common civil litigation questions.
How Long Do You Have to File a Business Lawsuit in Florida?
Florida generally allows five years for a claim based on a written contract and four years for a claim based on an unwritten contract under chapter 95, Florida Statutes. Aaron Resnick identifies the claim, the remedy and the starting date before calculating the deadline.
The ordinary starting point is when the last element of the claim occurs, not automatically when the parties signed the contract. Special rules can change the starting date or the time allowed.
The one year deficiency provision concerns claims on notes secured by mortgages against residential property containing one to four dwelling units. It does not place every commercial mortgage deficiency claim on a one year deadline.
The ordinary four year period for fraud generally starts when the facts were discovered or should have been discovered with reasonable diligence. Chapter 95 also sets a 12 year outer limit from the alleged fraud, regardless of discovery. That outer limit does not give a claimant 12 years after discovering the fraud.
Other claims and remedies can have different deadlines. Aaron Resnick reviews the contract, events and requested relief rather than assuming that every business dispute has four or five years.
Can a Business Dispute Be Resolved Without a Trial?
Aaron Resnick uses negotiation, mediation and arbitration to resolve business disputes without a trial when the matter permits. He compares cost, privacy and the outcome the business needs before recommending a route. An agreement can settle the dispute or arrange a negotiated exit; mediation and arbitration do not work the same way.
A mediator helps the parties reach their own agreement; an arbitrator considers the dispute and issues a decision under the governing process. These options can reduce expense or offer more privacy, but neither benefit is guaranteed. Read about alternatives to litigation, including mediation, arbitration and negotiated exits.
A Florida state court generally must refer a filed civil action for money damages to mediation at one party's request if the requesting party is willing and able to pay, or the expense can be divided fairly. Chapter 44, Florida Statutes lists exceptions to that requirement.
Exceptions include debt collection, small claims, landlord and tenant disputes without a personal injury claim, and cases the parties agreed to submit to binding arbitration. The court may also refer other filed civil cases to mediation; exemption from mandatory referral is not a ban on mediation.
Florida's mediation confidentiality protections have exceptions, and their application depends on the mediation and the parties' agreements. Aaron Resnick checks the process, confidentiality terms and proposed resolution before the business commits to it.
What Should You Do if Your Business Is Sued or Threatened?
In an ordinary Florida state civil lawsuit, a business generally must serve its answer within 20 days after service of the summons and complaint, unless a Florida statute sets another time. Florida Rule of Civil Procedure 1.140(a)(1) sets that starting rule. Aaron Resnick checks the papers and service date immediately.
That is a deadline to serve the answer, not just to call the claimant. Service and filing requirements both matter. Send the summons, complaint and any court orders to Aaron Resnick rather than assuming that an informal discussion answers the lawsuit.
A timely motion covered by Rule 1.140(a)(3) can change the answer deadline, but not every motion does. A valid waiver of service or a court ordered extension can also change the date. Aaron Resnick applies the governing time calculation rules to the actual service and court record.
Small claims cases generally do not require defensive pleadings before the pretrial conference unless the court orders them. Follow the notice to appear; filing an answer does not excuse attendance. Federal lawsuits follow Federal Rule of Civil Procedure 12, not Florida's ordinary 20 day rule.
Ignoring the case can lead to a default and a later default judgment under Florida Rule of Civil Procedure 1.500. Neither occurs automatically merely because the response period ends. A threatened lawsuit also deserves review before papers are filed.
Aaron Resnick answers the questions business owners ask first:
- What to do if your business is served with a lawsuit, including the response deadline.
- What happens if a business ignores a lawsuit, including default judgment exposure.
- Whether your business needs a lawyer to respond, including the representation rules and exceptions.
- What to do when someone threatens to sue your business, before anything is filed.
- How Florida business litigation costs are counted.
Why Hire Aaron Resnick for Commercial Litigation?
Aaron Resnick is a past president of the Miami Beach Bar Association and has been named to Florida Super Lawyers every year since 2013. He builds the strategy around the business's goals and keeps the client informed about court decisions, settlement proposals and the next step.
His commercial cases have been covered in the press:
- South Florida Business Journal covered four NFL players' W South Beach condominium deposit suits. Miami attorney Aaron Resnick represented four NFL players, DeAngelo Hall, Jammal Brown, Carnell “Cadillac” Williams and Keiwan Ratliff, when they sued the developer of the Residences at W South Beach to get their condominium deposits back.
- The Real Deal reported that the Icon Brickell Condominium No. 1 Association agreed in April 2020 to settle a class action over the fees it charged. Miami attorney Aaron Resnick and Jordan Shaw represented the plaintiff, Brittany Wiggins. When the report ran, final court approval was still pending.
- The Real Deal reported in November 2016 on a class action alleging illegal condominium fees at Quantum on the Bay. Miami attorney Aaron Resnick worked on the suit.
Aaron Resnick is active in the Miami community.
What Should You Send Aaron First?
Send the contract or other document behind the dispute, any demand letter, and the summons and complaint if the business has been sued. Include the main emails or messages, court orders, and the date and method of service. Aaron Resnick reviews those records to identify the claim, deadline and immediate decisions.
Send the parties, the problem and the next date; the firm reviews every inquiry and tells you whether it can help. You can also reach the firm through the Contact Us page.
Aaron Resnick has handled business disputes in Miami since 1998 and is a fourth generation Miami attorney. He works hands-on on every case; the client gets Aaron on every major litigation issue, not a junior partner.
We Don't Make Promises. We Have Results to Prove It.
The Law Offices of Aaron Resnick represents large corporations, Miami businesses and their owners, professional athletes and entertainers in Miami Dade, Broward and Palm Beach counties and across Florida in business litigation and business counsel. Call 305-672-7495 or request a consultation.
This page provides general information and is not legal advice. Prior results do not guarantee or predict a similar outcome.
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