Litigation is a broad term generally used to refer to any type of legal dispute or controversy that requires court proceedings. Every company and individual has different litigation needs and therefore many types of disputes are possible. Disagreements can arise from personal matters and civil rights to business partnerships and real estate deals. Common types of disputes that may require litigation include:
• Civil Disputes
• Contractual Disputes
• Insurance Disputes
• Debt Collection
• Business Disputes
• Labor and Employment Issues
• Contested Divorces
• Real Estate Litigation and Construction Issues
• Homeowners Associations
• Intellectual Property
• Eminent Domain
• Trial Advocacy
• and many more
If you have been defrauded, have a partnership dispute, are concerned about a contract matter, or need legal assistance with any other potential litigation matter, we can assist you in finding the appropriate solution. Because of the diversity of our clients here in Central Florida, our litigation trial attorneys have developed extensive knowledge of multiple industries, organizations, and professions.
Our Litigation Department includes attorneys who handle large and complex litigation as well as smaller, less complicated matters. We make it a point to understand each of our client’s industries and their specific concerns, and we use this knowledge to address every aspect of their case.
We have 13 locations throughout Florida, We are pleased to serve your corporate and litigation needs in the location that is most convenient to you. Our offices are located in Orlando, Clermont, Cocoa, Daytona, Gainesville, Kissimmee, Leesburg, Melbourne, Ocala, Orange City, St. Cloud, Titusville, and The Villages Our Trial Attorneys work aggressively and diligently to ensure your family legal matter is handled with the care you would expect from a law firm that has been around for over 40 years. Please call (407) 578-1334 to schedule a consultation with one of our litigation attorneys.
Bad Faith and Insurance
Many Central Florida law firms are unable to handle insurance litigation because they do not have trial attorneys that can handle the complexity of such cases, and Bogin, Munns & Munns receives many referrals from such firms. It takes specially trained professionals to navigate all the ins and outs of insurance litigation, and Bogin, Munns & Munns is proud to have attorneys who rise to the challenge.
When accidents happen and disaster strikes, insurance is the silver lining many people depend on to help get back on their feet. Unfortunately, insurance companies do not always come through for their holders. In these situations, it may be necessary to bring a lawsuit against the insurance company. It may seem like an impossible task, but with the right attorney, insurance litigation helps see to it that people in need get what they deserve.
Two of the most prevalent types of insurance litigation are coverage disputes and “bad faith” insurance claims.
Coverage disputes come about when the policyholder believes the policy (as it is) grants them certain coverage, but the insurer does not. Common reasons for this type of dispute are ambiguous wording within the policy and the inclusion of copious amounts of fine print.
“Bad faith” occurs for a number of reasons, including when a policyholder believes that their insurance company has incorrectly estimated the value of a claim for which they are qualified. Insurers may also be committing acts of bad faith for any of the following:
- Refusal to pay a claim without an investigation
- Failure to disclose limitations of the policy
- Failure to attempt a fair settlement when there is clear liability
- Unwarranted denial of policy coverage
- Failure to pay a claim in a timely manner
- Failure to enter any negotiation for a claim settlement
- Failure to communicate pertinent information to the policyholder
- Misuse of medical records
- Cancellation of a policy after a claim has been made
Bogin, Munns & Munns insurance attorneys can provide legal advice in connection with:
- Insurance Defense
- Insurance Coverage Matters
Business Litigation Attorneys Providing Outstanding Representation For All Commercial Disputes
Whether you run a small “mom & pop” business, a franchise location, or your own corporation, legal disputes are an unfortunate reality that is likely to arise during the course of your professional endeavors. Even the most like-minded partners may find themselves unable to amicably reach an agreement, and the biggest businesses in the world don’t have to look far to find their trademarked properties being illegally copied. Business is fraught with risk, and having a business litigation attorney by your side is an invaluable asset in your arsenal.
Many legal matters fall under the broad category of business litigation, requiring a law firm that has experience in a multitude of practice areas. What may seem like a straightforward matter may end up overlapping into areas such as estate planning, banking, or real estate.
Our business litigation lawyers are able to take on your case, handling complex matters including:
- Partnership and Shareholder Disputes
- Breach of Contract
- Breach of Fiduciary Duty Business Litigation Attorneys
- Dissolution of a Business
- Business Torts
- Employment Disputes
- Contests and Disputes to an Estate
- Bad Faith Insurance Coverage
- Unfair Competition
- Lender Liability and Creditors’ Rights
- Securities Fraud
- Patent Infringement
- False Advertising
Civil litigation occurs when two parties seek resolution to a dispute in a non-criminal matter. Attorneys known as “trial lawyers” and “litigators” specialize in civil litigation.
Types of civil litigation include (but are not limited to):
Civil litigation does not refer to only the trial portion of the process, but also the pre-trial, investigation, discovery, pleadings, settlement, and appeal. Because of this, civil litigation cases may take months or even years.
There are many common types of fraud, ranging from a rather straight-forward consumer fraud (a used car salesperson knowingly selling a “lemon”) to complex investment fraud such as “Ponzi” schemes (wherein investors are paid fake dividends until the party operating the scheme attempts to disappear with the investors’ funds). Other types of fraud include:
- Identity theft – Wherein a person’s identity is used by another party to commit various types of additional fraud.
- Pyramid schemes – In which investors’ money is used to pay victims who have already entered into the scheme, and where investors are encouraged to recruit more unwitting victims.
- E-mail fraud – Scams in which people claiming to be Nigerian princes are still alive and well. However, e-mail fraud also includes tactics such as spoofing and phishing, where fake e-mails are created to look like they come from legitimate businesses including banks and financial corporations asking for personal identification information such as PINs and social security numbers.
- Mail fraud – Letters (and e-mails) from people claiming to be long lost relatives and Nigerian princes still make their way into mailboxes every day. Be wary of any mail asking for personal information such as routing numbers or Driver’s License information, and even unfamiliar bills from unfamiliar companies.
If you believe you are the victim of fraud, or know of fraudulent activity taking place, do not be ashamed. Perpetrators of fraud depend on the silence of their victims to allow them to continue their operations. Call the proper authorities and contact our attorneys today.
Identity theft is a serious and all-too-common crime. Identity theft can lead to ruined credit, loss of savings, and even damaged personal reputation. The ramifications of identity theft can follow victims years after the crime has been committed, even if quickly uncovered. Stolen identities are often used for the following purposes:
- Creating credit card accounts
- Creating utility accounts
- Receiving medical care
- Stealing tax refunds
Bogin, Munns & Munns has attorneys who are experienced in all aspects of construction law, from the planning stage to the litigation of claims of construction defects. We represent both property owners and general and sub-contractors.
- Construction litigation includes common matters such as:
- Design errors and omissions
- Scheduling disputes
- Property line disputes
- Mechanic’s liens
- Construction delays
- Construction defects
- Contract / Payment disputes
Construction litigation matters can potentially become very expensive in a very short amount of time.
Our experienced Central Florida construction litigation attorneys can offer:
- Advice in the pre-contract stage to ensure you and the other party to the contract are “on the same page.”
- Assistance in resolving disputes that arise during the construction process to avoid a work-stoppage and make sure the project is completed consistent with the plans and specifications.
- Representation to parties in construction matters that are resolved through the court system or an arbitration proceeding.
Real Estate Litigation
Even once construction on a piece of property is complete, there may come a need for real estate litigation.
Certain issues (such as mechanic’s liens and property line disputes) are shared by both types of litigation, but real estate litigation handles common issues including (but not limited to):
- Landlord / tenant disputes
- Lis pendens matters
- Eminent domain
- Land Use
- Quiet title actions
- Retail and commercial evictions
- Property tax disputes
Do you have a real estate matter concerning residential or commercial leases, purchases, and sales, financing, land use, evictions, or lawsuits? If so, please fill out our online Real Estate Questionnaire to receive a free telephone discussion with one of our experienced real estate attorneys.
A party to a legal proceeding who is not satisfied with the result might be able to challenge a decision in an appellate court. The typical grounds to appeal could include errors of law, procedure, or fact. Appeals are not limited to court proceedings but are available, under limited circumstances, for decisions of administrative agencies, and boards of city and county governments.
The appellate court will defer to the lower court’s findings of fact unless clearly erroneous. In other words, if there is competent, substantial evidence to support a determination of fact, that fact will be binding on the parties. Whether a trial by judge or jury, the deference provided by the appeal court allows the fact finder to determine the weight given to the evidence and the credibility of the witnesses.
Legal errors submitted to an appeals court include, whether the lower court misapplied the law to the facts when making its conclusion; whether there was a misinterpretation of the law in determining whether a party met their obligations to prove the necessary elements to establish a claim or defense; whether the proper remedy was provided to the prevailing party; and whether, in the event of a jury trial, the jury was properly instructed.
The standard of review for legal error is either de novo or abuse of discretion. De novo review is authority to review the matter as if the case was initiated before the court of appeal without deference to the trial court. For example, an interpretation of a statute or case law by a trial judge is reviewed de novo. Abuse of discretion review exists for those legal issues where the law gives the trial court discretion on rulings. For example, on the issue of whether a jury verdict was excessive, a trial judge has discretion on making the determination, and if the judge agrees, he or she has discretion on proposing a remedy to the parties.
A right to appeal is one that is guaranteed by statute, or constitutional or legal principle. An appeal by leave or permission requires the appellant to seek the appeal court’s jurisdiction by a petition requesting the court to exercise its discretion to accept review. There are strict time limitations on the filing of any appeal. A party considering an appeal should contact an attorney, who is familiar with the appellate process, promptly after the court decision.