Resolve Partnership Disputes Before They Disrupt Your Business

A partnership dispute lawyer in Fort Lauderdale helps business owners resolve conflicts over money, control, and the future of a shared company. KEW Legal focuses on business law for owners and investors. It serves clients in Fort Lauderdale and Broward County from its offices in Coral Gables and Sunny Isles Beach.

This page offers general information about these matters and the kinds of work they can involve.

What Does a Partnership Dispute Lawyer Handle?

A partnership dispute lawyer helps co-owners resolve a conflict over money, control, duties, or the business’s future. These fights often start with one disagreement and grow into a standoff.

This page is for co-owners, partners, and LLC members in Fort Lauderdale and Broward County who face a live conflict now. You don’t need to be in court to talk with a lawyer.

Florida law starts with your agreement. Relations among partners are governed by the partnership agreement. The statute fills in only where the agreement does not provide otherwise (Fla. Stat. § 620.8103). For LLCs, the operating agreement plays the same central role (Fla. Stat. § 605.0105).

Which Partnership Disputes Does KEW Legal Cover?

KEW Legal handles disputes between partners and LLC members over agreements, duties, assets, management, and exits. Common issues include:

• Breach of the agreement. Disagreements over capital calls, profit distributions, or voting terms in the partnership or operating agreement.
• Breach of fiduciary duty. Florida partners owe only a duty of loyalty and a duty of care (Fla. Stat. § 620.8404). Loyalty means accounting for profits and not competing before dissolution. Care means avoiding grossly negligent or reckless conduct.
• Misuse of assets or opportunities. A partner may use partnership property only on behalf of the partnership (Fla. Stat. § 620.8401). Taking a partnership opportunity for yourself can also breach the duty of loyalty.
• Management deadlock. Ordinary matters can be decided by a majority of partners. Acts outside the ordinary course need the consent of all partners (Fla. Stat. § 620.8401).
• Removing or buying out a partner. When a partner leaves and the business continues, the partnership must buy that partner’s interest at a statutory buyout price (Fla. Stat. § 620.8701).
• Dissolution. A court can dissolve the business on a partner’s application when the other partner’s conduct makes it not reasonably practicable to carry on (Fla. Stat. § 620.8801).
• LLC disputes. LLC members owe duties of loyalty and care to the company (Fla. Stat. § 605.04091). A deadlock sale provision in the operating agreement can resolve an impasse (Fla. Stat. § 605.0702).
• Non-compete disputes. A restrictive covenant generally must be in a signed writing and protect a legitimate business interest.

What Does Representation Include?

Representation includes reviewing the governing documents, gathering the records, and pursuing a negotiated exit or court action if needed. The work covers these steps:

• Review of the partnership or operating agreement, buy-sell terms, and amendments, to identify your rights and notice requirements.
• Review of company records, bank activity, and written communications, as the facts allow.
• Information rights. An LLC generally must give members information that matters to their rights, unless the company can show the member already knows it (Fla. Stat. § 605.0410).
• Demand letters and negotiation toward a buyout, restructuring, or negotiated exit.
• Drafting settlement, separation, and buyout agreements. You approve each settlement term before it is offered.
• Dissolution or wind-down steps when the partners agree or the agreement requires it.
• Litigation, including complaints, defenses, and court proceedings, when negotiation cannot resolve the dispute.
• Outside general counsel support, so the business keeps operating during the dispute.

How Does a Partnership Dispute Matter Work?

A matter moves from a consultation to document review, then to written options, and then to negotiation or court. Here is the usual sequence:

1. Consultation. Our first consultation is free, confidential, and carries no obligation to continue. We discuss the dispute, the documents, and your goals.
2. Document and fact review. We review the governing agreement and company records.
3. Written options. You receive a written summary of paths, such as negotiation, buyout, mediation, dissolution, or litigation.
4. Demand and negotiation. We send demands and negotiate for you.
5. Court, if needed. If talks fail, we file in the appropriate Florida court and keep you updated.

Buyout clocks matter. If no buyout agreement is reached within 120 days after a written demand, the partnership must pay its estimate in cash, reduced by offsets (Fla. Stat. § 620.8701). A departing partner may sue over the price within 120 days after an offer to pay, or within 1 year after written demand if no offer is made (Fla. Stat. § 620.8701). Timing is set by the agreement and the facts, so we review expected steps at the consultation.

Why Work With KEW Legal on a Partnership Dispute?

KEW Legal focuses on business law for owners and investors across Miami-Dade and South Florida. Kristina E. Wilson is the responsible lawyer for this page.

• Outside general counsel model. The same firm can handle ongoing legal needs and the dispute, so the business keeps moving.
• Support team. Our team includes assistants and office staff who keep files, deadlines, and document requests organized.
• Offices. KEW Legal’s offices are in Coral Gables and Sunny Isles Beach. Clients in Fort Lauderdale and Broward County are served from these offices.
• Clear options. You receive written options, so each decision rests on facts you can review.

What Common Questions Do Partners Ask?

Most partnership questions turn on the agreement’s terms and Florida’s default rules. Here are general answers to common questions about partnership disputes.

Can I remove a partner without a court order?

The agreement’s removal and buyout terms come first. Florida’s statute sets a buyout path when a partner leaves without ending the business (Fla. Stat. § 620.8701).

What is a fiduciary duty between partners?

It is a duty of loyalty and a duty of care. The partnership agreement cannot eliminate the duty of loyalty (Fla. Stat. § 620.8103).

Should I negotiate or sue?

We review both options at the consultation. The agreement, the evidence, and your goals shape which path fits.

Will the business keep running during a dispute?

Outside general counsel work can cover day-to-day legal needs while the dispute is addressed.

Is there a deadline to act?

Florida sets time limits for lawsuits in Fla. Stat. § 95.11. Delay can also bar a claim under the doctrine of laches, and notice clauses in your agreement can matter.

Can a partner start a competing business?

Do I have to dissolve the business if my partner stops cooperating?

Not automatically. Depending on the facts, a partner may be able to ask a court to dissolve the business when the other partner’s conduct makes it not reasonably practicable to carry on.

Talk With KEW Legal About Your Partnership Dispute

If a partner has locked you out, moved company money, or stalled a buyout, you can talk with KEW Legal about your options now. Call 305-990-2300 or send a message through our contact page to set up your consultation. Kristina E. Wilson, KEW Legal, Coral Gables, is the responsible lawyer for this page. Our offices in Coral Gables and Sunny Isles Beach serve partnership dispute clients in Fort Lauderdale and Broward County.