When you decide that it is beneficial to your business interests to pursue a breach of contract or other commercial litigation action, there are many things that can sidetrack your case, with some of those detours being more severe than others. One choice that can profoundly derail your case is choosing to go forward without skilled Florida commercial litigation counsel representing you. This choice can backfire in many ways, up to and including leading to the dismissal of your case.
An example of this scenario played out in a federal court case in the Southern District of Florida. A South Florida businessman who operated stores focused on gaming and collectibles sought to sue a major miniature war-gaming manufacturing company. In the lawsuit, the businessman sued on his own behalf and listed several of his business entities as “DBAs.” The plaintiff’s lawsuit accused the manufacturing company of breach of contract, restraint of trade, fraud, and a “willful pump and dump scheme.” The businessman chose to proceed without a lawyer.
After the manufacturing company filed a motion to dismiss, the court granted that motion and threw out the case. The shortcoming within the plaintiff’s case was not related to the strength or weakness of his facts or his legal claims. The case never got that far. The court dismissed the case because the plaintiff did not meet the legal standard for standing, which is the capacity under the law to be allowed to bring a lawsuit.