Florida contracts litigation is a type of civil litigation where two or more parties to a contract have a disagreement over the contract. The most common type of disagreement is a breach of contract. Moreover, the dispute must not be able to be resolved through mediation or settlement, and Florida law must govern the contract.
When you are a party to a Florida contracts litigation case, your first step should depend on whether you are the plaintiff or the defendant.
If you are the plaintiff, then you are the party who initiates the dispute in court. Generally, you will want to first send a settlement offer letter to the defendant in an effort to resolve the dispute outside of court. However, as stated above, Florida contracts litigation cases are those which are unable to be resolved through mediation or settlement, because Florida civil litigation usually depends on the use of Florida court systems to resolve an issue. As the plaintiff, you will likely need to file a Complaint with the appropriate court.
One important thing to consider is where to file the Complaint. Forum selection is a strategy that is used to set up a certain outcome in the case. Different jurisdictions have different, more favorable laws for your claim.
For example, many companies are incorporated in Delaware for the sole purpose of being able to litigate a claim in that jurisdiction. Delaware is famous for having pro-company laws and regulations that favor corporations in particular.
If you are the defendant, then your first plan of action should be determining whether the jurisdiction in which the case is being intiated is favorable for your side. If not, meet with your attorney to determine whether it is possible to relocate the case to another jurisdiction, either in another county, state, or even court system.
Depending on the facts and claims, sometimes a case may be moved from state court to federal court. If this is true for your case, and the move would be favorable to your position, then consider investing the money in attorney’s fees to accomplish change of venue.
