Definition of Legal Terms - State Attorney's Office

COMPLEX BUSINESS LITIGATION DIVISION (CBLD)
WELCOME TO DIVISION L - CBLD
"The Rules (Procedures) Are Different Here"

Frequently Asked Questions

> Where can I find more information about the CBLD?
> What cases are heard in the CBLD?
> How is motion practice different in the CBLD?
> How does the Court manage cases in the CBLD?

Where can I find more information about the CBLD?
Information, procedures and forms are located on the world wide web, CBLD click here.

What cases are heard in the CBLD?
The CBLD for the 13th Judicial Circuit (13th Circuit) hears certain business related cases in which the amount in controversy is greater than $75,000 and certain other types of cases. Administrative Order S-2007-004 establishing the CBLD details the types of cases which should be filed in this division (see the Administrative Order on the 13th Judicial Circuit website at www.fljud13.org). Typical CBLD cases include the following:

A. Any of the following types of cases in which the amount in controversy is in excess of $75,000:
- Claims arising from non-consumer UCC related transactions
- Claims arising from purchase or sale of businesses or business assets
- Commercial landlord-tenant claims
- Claims involving non-consumer bank or brokerage accounts, including loans
- Professional negligence or malpractice matters, excluding health care providers
- Franchisor/Franchisee relationships and liabilities

B. Any of the following types of cases without regard to the amount in controversy:
- Internal affairs or governance, dissolution or liquidation rights among owners or shareholders of business entities (corporations, partnerships, LLCs, etc.)
- Actions relating to trade secrets and non-compete agreements
- Shareholder derivative actions
- Others listed in Administrative Order S-2007-004

How is motion practice different in the CBLD?
Generally, motions will be decided based upon the written motion, supporting memorandum of law and the opposing memorandum of law, without a hearing or oral argument (see CBP 5.1 - 5.7). There are exceptions to this general rule in which oral argument is permitted. Exceptions include dispositive motions, discovery motions and certain procedural and short motions (see CBP 5.11).

How does the Court manage cases in the CBLD?
Each case assigned to the CBLD will have an initial Case Management Conference(CMC) when the case will be "mapped out" by the parties and the judge. Prior to the initial CMC, counsel are required to meet and discuss every aspect of the case process. They then must agree on and prepare a Joint Case Management Report (see CBP 6.1 - 6.3).

Thereafter, at the CMC conference, a litigation track will be assigned which is designed to set a trial date within the stated number of months from the date the complaint was filed:

Track 1 - Business Expedited (within 13 months);
Track 2 - Business Standard (within 18 months); or
Track 3 - Business Complex (within 24 months).

From time to time the court will monitor the progress of the cases to assure that the cases are still on Track. If a problem is identified, status conferences with counsel may be scheduled by the court.