If you have been defrauded, have a partnership dispute, or are concerned about a contract matter or any other potential litigation, Bogin, Munns & Munns can assist you in finding the appropriate solution. Because of the diversity of our clients here in Central Florida, our litigation trial attorneys have handled cases involving 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.
Types of Cases We Handle
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
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.
Coverage disputes come about when the policyholder believes the policy (as it is) grants them certain coverage, but the insurer does not. Ambiguous wording within the policy and copious amounts of fine print can cause disputes. Bogin, Munns & Munns navigate all the ins and outs of insurance litigation.
“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 subrogation, insurance defense, and insurance coverage matters.
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.
Many legal matters fall under the broad category of business litigation. 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
- 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. Trial lawyers 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.
Fraud can be rather straightforward, such as when a used car salesperson knowingly sells a “lemon.” Other instances involve complex investment fraud, such as “Ponzi” schemes, which occur when 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: A person’s identity is used by another party to commit various types of additional fraud.
- Pyramid schemes: Investors’ money is used to pay victims who have already entered into the scheme, and where investors are encouraged to recruit more unwitting victims.
- Email fraud: Tactics such as spoofing and phishing are used to source personal information. Fake emails are created to look like they come from legitimate businesses asking for PINs and social security numbers.
- Mail fraud: Personal information, such as routing numbers and driver’s licenses, are sourced through fraudulent mail claiming to come from a billing company or other legitimate business.
If you believe you are the victim of fraud or know of fraudulent activity taking place, call the proper authorities. Consider working with our firm to address this fraudulent activity.
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 can handle 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
We can offer advice in the pre-contract stage to ensure you and the other party to the contract are “on the same page.” We can also help resolve disputes that arise during the construction process to avoid a work-stoppage. If we need to, we can represent you in court, as well.
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.
Real estate litigation also includes:
- Landlord/tenant disputes
- Lis pendens matters
- Eminent domain
- Land use
- Quiet title actions
- Retail and commercial evictions
- Property tax disputes
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 typical grounds to appeal could include errors of law, procedure, or fact. If there is competent, substantial evidence to support a determination of fact, that fact will be binding on the parties.
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
- Whether, in the event of a jury trial, the jury was properly instructed.
The court may review the matter as if the case was initiated before the court of appeal without deference to the trial court. In other cases, the law gives the trial court discretion on rulings. An appeal by leave or permission requires the appellant to seek the appeal court’s jurisdiction to exercise its discretion to accept review. There are strict deadlines for making these appeals.
The Benefits of Working with Our Trial Attorneys
Whether you are pursuing litigation due to a business dispute, civil dispute, or any of the other issues we mentioned above, you deserve to continue on with your enterprise or life unobstructed by the legal process.
When you are running a business, you cannot afford to waste your time going back and forth with insurance companies. If you suffered a personal injury, you probably do not want to hassle with the copious amounts of paperwork associated with taking legal action.
This is where we can come in and lift the burden off your shoulders. While we handle the litigation process, you can focus on increasing your company’s profits or healing from your injuries. At the same time, you will have peace of mind knowing our trial attorneys are working to resolve your case.
We Can Answer Your Legal Questions
During a consultation with our firm, we can learn about your situation and discuss how our trial attorneys can help you. We know you have questions, and we understand how complex litigation of any type can be.
Before trying to tackle the legal process on your own, let us answer your questions and give you insight into your options. We can discuss the merits of your case and give you more information about how we can handle it with the personalized care it deserves.
Work with Bogin, Munns & Munns
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 to ensure your legal matter is handled with the care you would expect from a law firm that has been around for over 40 years. Give us a call today at (407) 578-1334.