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Commercial Litigation PracticePohl & Short’s litigation department focuses on representing
individuals and businesses in commercial litigation matters, at both
the trial and appellate levels. In addition to civil trial work, our
litigation attorneys handle arbitrations, alternative dispute
resolutions, mediations, and administrative hearings at the Federal,
State and local levels.
We understand that every client has particular goals in mind when
involved in litigation. We also understand that most clients are
concerned about the lack of control they feel when involved in
litigation. Our attorneys will work closely with you on every case to
make sure that the litigation strategy pursued is the most effective
way to reach your goal, with your understanding the risks and benefits
of that strategy.
Our attorneys also strive to keep the costs of the litigation within
your budget. In most cases, an appropriate strategy is to aggressively
prosecute or defend a case by preparing for trial, while maintaining
open lines of communication as to settlement. This approach often
leads to favorable settlements of cases prior to trial. In other
cases, the appropriate strategy is to pursue arbitration, mediation or
other alternative dispute mechanisms. Our litigation attorneys explore
and discuss these various alternatives with you prior to and during
litigation. We are committed to keeping you informed and, to the
extent possible, in control of the litigation process. The department
consists of seven attorneys and is structured to handle the broad
range of commercial litigation disputes facing our business clients,
from simple foreclosure actions to complicated trademark and franchise
litigation.
It is our goal to satisfy all of your business law needs. Sometimes
our representation involves only litigation matters. At other times we
provide litigation services in conjunction with other legal
representation. We coordinate your representation to avoid duplication
and inefficiencies. We want you to feel confident that your matter is
being handled properly and efficiently, to be kept informed of its
status and to have a single attorney who is responsible and
knowledgeable for all of your matters. This defines our business
boutique law firm and contributes to your success and the success of
our firm.
Set forth below is a brief description of the major areas of our
business litigation practice:
Construction Litigation – The litigation department handles all phases
of construction litigation for owners, contractors and subcontractors.
We can assist our contractor clients in preparing the Notice to Owner
and other documents necessary to file the lien foreclosure lawsuit.
Our litigation attorneys also represent owners and contractors in
disputes over defective construction and other construction related
issues.
Contract Actions and Disputes – Our litigation department represents
business and individual clients regarding a broad range of contractual
and quasi-contractual disputes, including breach of sales and vendor
agreements, agency agreements, improper interference with contracts or
advantageous business relationships, and disputes involving the breach
and enforcement of franchise and intellectual property agreements and
interests.
Corporate and Shareholder Disputes – Our litigation department handles
a broad range of cases involving corporate and shareholder disputes,
including enforcement of shareholder agreements, derivative actions
against corporations, actions to dissolve corporations and for misuse
of corporate assets or opportunities, and breach of fiduciary duty
claims.
Employment Litigation – We handle a wide range of employment related
matters, including the enforcement and defense of actions on covenants
not-to-compete, defending companies against EEOC complaints,
discrimination claims and wage and hour claims, and disputes over
employment contracts.
Landlord/Tenant Disputes – Our litigation department represents
commercial and residential landlords and tenants on a wide variety of
matters, including eviction actions and disputes over the breach and
interpretation of lease provisions.
Mediation – Our litigation department routinely conducts mediations,
and is staffed by a mediator who is certified by the Florida Supreme
Court, the United States District Court, Middle District of Florida,
and by the National Association of Securities Dealers.
Probate Litigation and Contested Guardianships – We represent
individual clients with regard to many types of probate litigation,
including will challenges and defenses, estates and trusts litigation,
and contested guardianships.
Real Property Litigation – Our litigation department handles a broad
spectrum of real property disputes and litigation, including
enforcement of contracts for the sale and purchase of real property,
mortgage foreclosure, zoning and code enforcement disputes, quiet
title and reformation actions, and enforcement of restrictive
covenants involving homeowners and condominium associations. We
represent major title insurance companies, such as Commonwealth Land
Title Insurance Company, Fidelity National Title Insurance Company and
Nations Title Insurance, Inc. We represent homeowner’s associations
such as Bay Hill Homeowner’s Association and Waterford Lakes Community
Association.
Replevins, Foreclosures and Creditor’s Rights in Bankruptcy – Our
litigation department also handles foreclosures of mortgages, replevins of vehicles and other equipment, and protecting creditor’s
rights in bankruptcy proceedings.
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