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Commercial Litigation Practice

Pohl & 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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