By Attorney Francis M Boyer Last fact-checked: May 2026
Summary: Commercial litigation is a specialized subset of civil litigation. Civil litigation covers every non-criminal court dispute in Florida, from personal injury to landlord-tenant cases. Commercial litigation is the slice involving businesses or commercial relationships: contracts, partnerships, shareholders, fraud, and trade secrets. The difference shapes the court, the timeline, and the kind of lawyer you need.
Key Takeaways:
- Civil is the umbrella: Civil litigation covers every non-criminal court dispute in Florida, including commercial cases.
- Commercial is the subset: Commercial litigation deals with disputes between businesses or arising from a commercial relationship.
- The court changes: Most commercial cases land in state circuit court, sometimes in a Complex Business Litigation Division. Multi-state or federal-question disputes can move to federal court.
- Track assignment is automatic: Under Florida’s new case management rule, every civil case is assigned to a streamlined, general, or complex track within 120 days of filing.
- Specialized counsel matters: A commercial litigation lawyer brings procedural and substantive knowledge that a general civil attorney may not have.
You got served. Or a contract you signed last year just blew up, and the other side is threatening to sue. Maybe a former business partner is making moves that look like a setup. Whatever brought you here, you’re trying to figure out one thing first: whether what you’re facing is commercial litigation or civil litigation. That answer matters more than people realize.
More than 3.5 million cases were filed in Florida’s trial courts in fiscal years 2022-23 and 2023-24, according to the Florida Office of the State Courts Administrator. A large slice of those involve commercial disputes, and commercial cases don’t move the same way as ordinary civil cases.
What’s the Difference Between Commercial Litigation and Civil Litigation?
Commercial litigation is a specific category within civil litigation. Civil litigation is the umbrella term for every non-criminal court dispute in Florida. Commercial litigation is the subset that involves businesses or commercial relationships: contracts, partnerships, shareholders, trade secrets, and fraud claims that arise from doing business.
Here’s the practical effect. The difference shapes the court, the procedure, the discovery burden, and the kind of lawyer you actually need.
| Civil Litigation | Commercial Litigation | |
|---|---|---|
| Who’s involved | Individuals, families, and sometimes businesses on routine matters | Businesses, executives, owners, or sometimes an individual against a company |
| Common disputes | Personal injury, divorce, landlord-tenant, debt, property | Breach of contract, shareholder fights, fraud, IP, trade secrets |
| Where it’s heard | County or circuit court | Circuit court, Complex Business Litigation Division, or federal court |
| Complexity | Often single-issue, focused discovery | Multi-party, document-heavy, expert testimony common |
| Typical timeline | Months to about a year | One to three years, longer in federal court |
Use the table as a starting point, not a verdict. Some cases sit on the edge.
Civil Litigation Explained
Civil litigation is any court dispute in Florida that doesn’t involve criminal charges. The burden of proof is lower than in criminal court (preponderance of the evidence, which means more likely than not).
Financial consequences can still be serious. Our civil litigation team at Boyer Law Firm handles disputes statewide, from straightforward debt claims to complex multi-party matters.
You bring a civil case when you want a court to enforce a right, recover money, or stop someone from doing something. The other side responds. You exchange information. Sometimes you settle, sometimes you go to trial.
Common Examples of Civil Cases
Civil cases Floridians actually deal with include personal injury after a car accident, divorce and custody disputes, and landlord-tenant fights over lease terms. Add debt collection from a credit card or medical bill, premises liability after a fall, defamation between former partners, and consumer fraud claims. Most of these run through a county or circuit court, depending on the dollar amount involved.
What Counts as Commercial Litigation in Florida
Commercial litigation is the slice of civil litigation that arises from business activity. The parties are usually companies, but not always. What makes a case commercial is the source of the dispute: a contract, a partnership, a shareholder agreement, a vendor relationship, or a piece of intellectual property.
Most Florida commercial cases concentrate in five regions. The state runs on small and mid-sized businesses, real estate developers, international trade flowing through Miami and Tampa, and a steady stream of investors moving in.
The Most Common Types of Commercial Disputes
Breach of contract is the most common. A supplier walks away from a deal, a buyer refuses to pay, or a vendor delivers something different from what was agreed. Contract disputes drive a large share of the commercial cases we see at Boyer Law Firm.
After that come partnership and shareholder disputes: fights over control, profits, or one party freezing the other out. Add fraud claims, breach of fiduciary duty when a director or partner puts their interests above the company’s, and trade secret theft.
Other categories include:
- non-compete enforcement,
- business torts like tortious interference,
- and disputes under the Uniform Commercial Code or franchise agreements.
Our business and commercial litigation team handles these matters across Florida’s commercial hubs.
When a Civil Case Becomes a Commercial Case
Some cases look civil on the surface and turn out to be commercial. A sole proprietor sued personally for a business debt. A real estate dispute where the buyer is an LLC and the seller is a trust. A former employee is accused of taking client lists to a new employer.
Treat any case touching a business document as potentially commercial. That includes a contract, an operating agreement, or financial records. Talk to someone who handles these specifically before assuming you have an ordinary civil suit.
How to Tell Which Type Your Case Is
Three questions sort most cases. Walk through them in order, and the answer usually surfaces quickly.
Three Quick Questions to Ask Yourself
- Is the other party a business entity (a corporation, LLC, partnership, or sole proprietorship operating as a business)?
- Did the dispute arise from a business relationship (a contract, a vendor agreement, an employment or partnership document, a commercial transaction)?
- Does the dollar amount or complexity push past what a small-claims or routine civil case handles?
If you answered yes to any two of these, the case is almost certainly commercial. Treating it as ordinary civil litigation can cost you time, money, and leverage. Commercial cases follow different procedural paths.
Where These Cases Are Heard Across Florida
Most commercial cases land in the Florida circuit court for the county where the dispute happened or where the parties are located. Several circuits have set up dedicated Complex Business Litigation divisions for higher-stakes, document-heavy disputes.
State Courts and Florida’s Complex Business Divisions
- In Jacksonville, commercial cases go to the Fourth Judicial Circuit in Duval County.
- Miami-Dade’s Eleventh Judicial Circuit operates a dedicated Complex Business Litigation Division, which handles disputes with at least $750,000 in controversy.
- Orlando-area cases land in the Ninth Judicial Circuit, Orange County, and our Orlando civil litigation team regularly appears there.
- Boca Raton sits inside the Fifteenth Judicial Circuit, Palm Beach County.
- Tampa’s Thirteenth Judicial Circuit runs a Complex Business Court Division for high-value commercial cases.
Under Florida Rule of Civil Procedure 1.200, every civil case in Florida must be assigned to a streamlined, general, or complex track within 120 days of filing. The rule took effect January 1, 2025 as part of Florida’s overhaul of civil case management.
For high-stakes corporate disputes, securing a designation under Florida Rule of Civil Procedure 1.201 shapes the entire case management structure, establishing strict discovery plans and an expedited path toward trial.
When a Commercial Case Moves to Federal Court
If the parties are from different states and the amount in controversy clears $75,000, the case can move to federal court under diversity jurisdiction. Federal questions, including securities claims, antitrust, and certain trademark and patent issues, also belong in federal court.
The U.S. District Court for the Middle District of Florida hears Jacksonville, Tampa, and Orlando cases. The Southern District covers Miami and West Palm Beach. Federal cases tend to run longer and apply stricter procedural rules.
How a Commercial Litigation Case Actually Unfolds
A typical commercial case starts with a demand letter and a window for pre-suit negotiation. If that doesn’t resolve things, the complaint gets filed. Discovery follows next: document exchange, depositions, and interrogatories. Discovery is often the longest and most expensive phase because there are usually a lot of documents.
Motion practice runs throughout. Mediation is required in most Florida circuits before trial, and it resolves a significant share of cases. If mediation fails, you go to trial. Either side can appeal.
Commercial cases often involve emergency motions early on. Florida’s Rule of Civil Procedure 1.610 covers temporary restraining orders and preliminary injunctions. These are the tools a business uses when an employee is walking out with client data. They also matter when a partner is draining the company account, or a former vendor is using trade secrets at a new shop.
In our practice representing Jacksonville business owners, we’ve seen this pattern play out repeatedly. Picture a Jacksonville business owner who discovers their partner has set up a competing LLC and started moving customers.
An emergency injunction can stop the bleeding within days. That speed is the difference between a recoverable situation and a written-off loss.
What Commercial Litigation Costs in Florida and How Long It Takes
A straightforward breach-of-contract case may resolve in six to twelve months for $15,000 to $50,000 in legal fees. A complex partnership, fraud, or trade-secret case often runs eighteen to thirty-six months, sometimes even years, and can cost up to $100,000 or more.
Several factors push numbers up, such as:
- The volume of documents, the number of parties, and whether expert testimony is needed all add cost.
- Opposing counsel’s behavior and whether the case moves to federal court matter too. Mediation, required in most Florida circuits, resolves many cases before trial and keeps total costs lower.
- Arbitration can compress timelines, but limits the depth of discovery.
FAQs About Commercial Litigation in Florida
Is commercial litigation the same as business litigation?
Yes, in practice. Florida lawyers use both terms interchangeably. Some firms label transactional disputes “business litigation” and broader disputes “commercial litigation,” but the practice areas overlap entirely. If you’ve found a Florida commercial litigation lawyer, you’ve found a business litigation lawyer too.
Can a business represent itself in a Florida lawsuit?
No. Under Florida law and The Florida Bar’s guidance, a corporation, LLC, or partnership cannot represent itself in court. It must be represented by a licensed attorney. Sole proprietors can self-represent in some matters, but it’s rarely a strong move. Confirm with counsel before trying.
How long does commercial litigation take in Florida?
Most straightforward state-court commercial cases run six to twelve months. More complex matters (partnership disputes, fraud, trade secrets) often take eighteen months to three years. Federal cases tend to run longer because of stricter scheduling and motion practice. Mediation can shorten things considerably.
Talk to a Florida Commercial Litigation Lawyer at Boyer Law Firm
If any of that sounds like where you are right now, the next step is a conversation. Whether you’ve been served, threatened, or trying to read the writing on the wall, a commercial litigation lawyer can read the documents and map the path forward. They can tell you whether you’re looking at six months or three years.
Boyer Law Firm represents businesses and individuals across Florida (Jacksonville, Miami, Orlando, Boca Raton, and Tampa) in commercial litigation, contract disputes, and complex business cases.
We know how each circuit handles these differently, which matters more than most people realize. Call our Jacksonville office or schedule a consultation. Bring whatever documents you have. We’ll tell you what kind of case it is and what your options look like.
Reviewed By
This article was reviewed by Francis M. Boyer, Managing Attorney at Boyer Law Firm. Mr. Boyer is Board Certified in International Law by The Florida Bar and oversees the firm’s commercial litigation practice across Jacksonville, Miami, Orlando, Boca Raton, and Tampa.
