Commercial and Civil Litigation
Stack Fernandez & Harris, P.A. maintains a multi-faceted litigation practice equipped to meet our clients’ particular commercial and civil litigation needs. Our litigation practice concentrates on the efficient and speedy resolution of business and civil disputes, and we litigate in all Florida state and federal courts. We are experienced in mediation, arbitration, and other forms of alternative dispute resolution.
We bring a wealth of litigation and trial experience to our corporate and individual clients who must prosecute or defend claims arising from business or civil disputes, including, but not limited to, claims for breach of contract, unfair and deceptive trade practices, trade secret disclosure, covenants not to compete, fraud, civil conspiracy, breach of fiduciary duty, commercial landlord and tenant matters, civil RICO violations, and temporary and permanent injunctive relief.
The firm has handled business disputes ranging in size from $50,000 to more than $200 million dollars. Our size gives us the flexibility to litigate any case as lead counsel or to assist our clients as local counsel. After consultation with the client, we staff each case with the lawyers and paraprofessionals necessary to achieve a satisfactory result. We investigate and analyze the underlying claim and work cooperatively and efficiently with our clients’ officers and employees and their outside accountants, auditors, investigators, and other legal counsel. Where necessary, we call upon the assistance of leading forensic experts and consultants -- accountants, fraud examiners, and investigators -- to assist in the matter.
We understand that litigation is time-consuming and expensive to all clients, big and small. We willingly prepare detailed budgets and estimates of anticipated legal costs and adhere to the budgets. When small, but important, litigation matters must be addressed, we are able to litigate claims that other firms cannot efficiently resolve. Most importantly, we can advise when litigation should not be pursued or when a claim should be settled, either because of the unlikelihood of success or because the amount in dispute does not warrant litigation.
Commercial litigation often implicates insurance coverage. We are experienced in insurance litigation, including the defense and prosecution of coverage actions. We also coordinate the flow of benefits to an insured whose legal bills are being paid by an insurer, and assist insurers in resolving, settling or trying lawsuits brought by third persons against their insureds.
The firm’s real estate litigation practice involves the prosecution and defense of actions to foreclose mortgages, equitable and statutory liens, constructive trusts. We have represented institutional and non-institutional lenders in significant foreclosure and commercial landlord-tenant matters, and defend borrowers and tenants against similar claims. We are experienced in handling claims to foreclose mechanic’s liens for unpaid construction debts, and have assisted clients whose property was improperly the subject of liens. We have also prosecuted slander of title claims to recover damages caused by the improper recordation of liens and other clouds on title.
We are experienced in the enforcement of judgments and post-judgment orders, including the perfection of judgment and execution liens, the attachment of a judgment debtor’s assets, and the pursuit of post-judgment remedies to locate a defendant’s assets so that they can be attached, levied upon, and sold for our clients’ benefit.
For more information about the firm’s commercial
and civil litigation practice, you may contact:
Stack Fernandez & Harris, P.A.
Brickell Bay Office Tower
1001 Brickell Bay Drive, Suite 2650
Miami, Florida 33131-4940