When a contract goes sideways, a vendor refuses to pay, or a business deal turns into a legal dispute, many business owners are left wondering:
What does litigation actually look like — and how long will it take?
Understanding the business litigation process in Florida can help you make informed decisions, manage expectations, and protect your company’s time, money, and reputation.
This guide breaks down what to expect from the moment a lawsuit is filed to the day it’s resolved — whether in court or through settlement.
⚖️ What Is Business Litigation?
Business litigation refers to any legal dispute between businesses (or business-related parties), including:
- Breach of contract claims
- Partnership and shareholder disputes
- Vendor and supplier issues
- Real estate and lease disputes
- Non-compete or trade secret enforcement
- Construction and service agreement claims
Most business lawsuits are handled in Florida state circuit courts, although federal court may apply in cases involving out-of-state parties or large damages.
🧭 The Business Litigation Timeline in Florida
While every case is different, here’s a general breakdown of the stages in Florida commercial litigation — and how long each one usually takes.
✅ 1. Pre-Suit Demand (Optional, but Smart)
Timeframe: 1–4 weeks
Before filing suit, it’s common (and often strategic) to send a demand letter outlining your claims and giving the other party a chance to resolve the dispute without litigation.
This can:
- Encourage early settlement
- Preserve important communications
- Set the tone for your case
📌 In some contracts, pre-suit notice or mediation is required before filing.
🧾 2. Filing the Lawsuit
Timeframe: Day 1
The plaintiff (the party bringing the claim) files a complaint in the appropriate court, which starts the litigation process. The court issues a summons that must be served on the defendant.
📬 3. Service of Process & Response
Timeframe: 20 days (after service)
The defendant has 20 days to respond after being served with the lawsuit — usually with an answer, motion to dismiss, or other legal filing.
Failure to respond can result in a default judgment.
🔍 4. Discovery Phase
Timeframe: 3–9 months (or longer for complex cases)
This is where both sides exchange:
- Interrogatories (written questions)
- Requests for documents and records
- Depositions (sworn testimony)
- Requests for admissions
Discovery is often the longest and most expensive phase of litigation. It’s also where many cases are won, lost, or settled.
🧑⚖️ 5. Motions and Pre-Trial Proceedings
Timeframe: Varies
At this stage, the parties may file:
- Motions for summary judgment (asking the court to rule without trial)
- Motions to compel (forcing the other side to cooperate in discovery)
- Motions in limine (to limit evidence)
The judge may also hold case management conferences or require mediation.
Many business cases settle during or shortly after this phase, once both sides understand the strength of the evidence.
🏛️ 6. Trial
Timeframe: 1–5 days for most commercial cases
If the case doesn’t settle, it moves to trial — typically before a judge in business disputes (though jury trials are available in some cases).
Both sides present evidence, call witnesses, and make arguments. The judge then issues a final judgment.
💰 7. Post-Trial Motions and Appeals
Timeframe: 1–12 months (depending on whether appealed)
After trial, the losing side can:
- Ask for a new trial or reconsideration
- File an appeal to a higher court
- Attempt to delay or reduce the judgment
Final collection of damages may also require enforcement actions, like garnishments, liens, or bank account levies.
🕰️ How Long Does Business Litigation Take in Florida?
- Simple cases (limited issues, responsive parties): 6–9 months
- Moderate cases (some discovery, settlement attempts): 9–18 months
- Complex cases (multiple parties, heavy documents, expert witnesses): 18–36+ months
Courts in some Florida counties are faster than others. Broward, Miami-Dade, and Palm Beach dockets can be slower due to volume.
💡 Tips for Business Owners Involved in Litigation
- Don’t wait to consult legal counsel — early mistakes can cost you leverage later
- Preserve documents and emails related to the dispute
- Avoid direct confrontation or self-help tactics (e.g., withholding payments without cause)
- Set realistic expectations about timeline, cost, and outcome
- Be open to settlement — especially when it makes business sense
How Douglas Firm Helps Florida Businesses
At Douglas Firm, we represent Florida businesses in:
- Contract enforcement and breach claims
- Partnership and ownership disputes
- Commercial lease and vendor litigation
- Business torts and unfair competition lawsuits
- Settlement negotiations and trial strategy
We handle litigation with a practical, business-first approach — always focused on your goals, not just the courtroom.
Contact Douglas Firm Today
If your business is facing a legal dispute — or you’re considering enforcing a contract — we’ll guide you through every stage of the litigation process and help you protect your bottom line.
📞 954.474.4420
📧 andrew@douglasfirm.com
🌐 www.douglasfirm.com