What Happens After a Breach of Contract Lawsuit Is Filed in Florida
When a breach of contract lawsuit is filed in Florida, the case does not immediately go to trial. Instead, the lawsuit enters a structured legal process governed by the Florida Rules of Civil Procedure. The first step after filing is serving the defendant with the complaint and summons. Under Florida law, a defendant typically has 20 days to file a response after being served with the lawsuit.
The response is usually an answer that admits or denies the allegations. In some cases, the defendant may file a motion to dismiss instead of an answer. A motion to dismiss argues that even if the facts in the complaint are true, there is no legal basis for the lawsuit. These early motions can sometimes resolve a case before it proceeds further.
Discovery and Evidence Exchange
If the case continues, it moves into the discovery phase. Discovery is often the longest stage of a breach of contract lawsuit because both sides gather evidence to support their claims and defenses. During discovery, the parties may exchange:
- Written questions called interrogatories
- Requests for documents such as contracts, emails, and financial records
- Requests for admissions
- Depositions where witnesses answer questions under oath
Discovery is critical because breach of contract cases often depend heavily on written agreements and communications between the parties.
Mediation Is Often Required
Florida courts typically require mediation before a case can go to trial. Mediation is a structured negotiation where a neutral third party helps both sides attempt to reach a settlement. Many breach of contract cases settle during mediation because it allows both parties to avoid the cost and uncertainty of trial.
According to the Florida Courts system, mediation is commonly ordered in civil disputes to encourage settlement and reduce court congestion. If mediation is successful, the case ends with a settlement agreement. If mediation fails, the case continues toward trial.
Motions, Hearings, and Trial Preparation
After discovery and mediation, the case may involve additional motions. One common motion is a motion for summary judgment. This motion asks the court to decide the case without a trial because there are no disputed material facts.
If the case is not resolved through motions or settlement, it proceeds to trial. At trial, both sides present evidence, call witnesses, and make legal arguments. The judge or jury then decides whether a breach occurred and what damages should be awarded.
Under Florida Statutes Section 672.106, damages for breach of contract are generally intended to place the injured party in the position they would have been in if the contract had been performed.
Final Steps After Judgment
After a judgment is entered, the losing party may appeal the decision. If there is no appeal, the winning party may begin collection efforts to recover the awarded damages. This may include wage garnishment, bank levies, or liens depending on the situation.
Understanding what happens after a breach of contract lawsuit is filed helps businesses and individuals prepare for the legal process and make informed decisions about settlement or litigation strategy. Those dealing with contract disputes should seek legal guidance as early as possible to protect their rights and financial interests. If you need assistance with a contract dispute, contact Pike & Lustig. We handle business litigation matters, and if you are searching for experienced West Palm Beach business litigation attorneys, we can help you evaluate your case and determine the best course of action.
Source:
flsenate.gov/Laws/Statutes/2024/672.106
