The Law Office of Michael L. Dear, PLLC

Focus and stated practice areas

Dear Law Firm is the public name used by The Law Office of Michael L. Dear, PLLC. The firm is based in Orlando and says it has served greater Central Florida since 2016. The site identifies business law, commercial litigation and construction disputes as its main fields.

The listed matters include contracts, breach of contract claims, partnership disputes and shareholder disputes. The firm also handles promissory notes, construction defects and construction lien litigation. In my opinion, this stated mix is coherent because contract duties and company records often shape each dispute.

How commercial cases usually proceed

A commercial lawsuit commonly starts with a complaint and a response that define each side's position. The parties may exchange contracts, correspondence, accounting records and other relevant material through discovery. Depositions and motions can narrow the issues before settlement talks or trial.

Courts decide legal questions, while judges or juries may decide disputed facts. Written records often carry much of the case because they show what the parties agreed to do and what happened later. Witness testimony can explain negotiations, performance and business decisions that the documents leave unclear.

Contract drafting and breach claims

Promissory note drafting appears on the site beside disputes over those notes. That combination covers both preparation of a written payment obligation and litigation when the parties disagree about it. The firm also lists contracts and breach of contract as separate areas of work.

Drafting work calls for clear terms on performance, timing, default and available remedies. A promissory note may address the amount owed, the payment schedule, maturity and the events that count as default. Clear language can reduce uncertainty if the parties later disagree.

What a breach claim must establish

A breach claim usually turns on the agreement's words and the conduct of each party. The claimant must identify the contract, the duty at issue and the alleged failure to perform. The opposing party may contest the meaning of a term, deny the breach or raise a defense based on the facts.

Emails, amendments, invoices, notices and payment records often help establish the course of performance. Courts may also examine whether the parties changed their agreement through later conduct or a written modification. The precise questions depend on the contract and the events behind the dispute.

Promissory note disputes

A note dispute may concern execution of the document, payment history, maturity or default. The parties may disagree about whether a payment was credited or whether a condition occurred. The note itself and reliable account records usually provide the starting point for that analysis.

Available relief in a contract case depends on the governing law and the requested remedy. A court may consider damages, declaratory relief or specific performance when the legal standards permit it. Each remedy requires facts tied to the agreement and the claimed breach.

Partnership and shareholder conflicts

The site names partnership disputes, shareholder disputes and shareholder derivative actions. It also identifies claims involving fiduciary duties, conflicts of interest, accounting, corporate assets and financial statements. Those subjects place ownership rights and company decision making within the firm's stated litigation work.

Partners and shareholders may disagree about management authority, access to records or use of company property. Their governing documents can set voting rights, transfer rules and duties among owners. State law may supply other duties when the documents leave an issue open.

Derivative actions and control of a claim

In a derivative action, a shareholder seeks relief on behalf of a company for harm claimed by the company. This type of case raises procedural questions about who owns the claim and who may pursue it. Pleadings may address the shareholder's status, any required demand and the response of company leadership.

A derivative claim differs from a direct claim based on harm to an individual owner. Courts examine the alleged injury and the requested relief when classifying the claim. That distinction can affect the proper parties and the course of the case.

Records used in ownership disputes

Ownership conflicts commonly require operating agreements, shareholder agreements, corporate records and internal communications. Financial statements and accounting records may show how the company handled money or valued its assets. The firm specifically lists accounting, corporate assets and financial statements among the issues it handles.

Fiduciary duty claims focus on conduct by a person who owed duties to the company or its owners. A conflict of interest may require close review of related transactions and disclosures. The court then applies the governing duties to the acts described in the evidence.

Construction defect and lien litigation

Construction disputes often depend on contracts, plans, change orders, inspection records and proof of payment. Dear Law Firm lists construction defects and construction lien litigation among its services. Both types of claims can involve several businesses and a detailed project history.

Questions raised by defect claims

A defect case may ask whether completed work met the contract documents or applicable standards. The parties may dispute the cause of damage, the scope of repairs or responsibility for a particular part of the project. Construction professionals can inspect the work and explain technical findings.

Project documents help place those findings in context. Plans and specifications describe the required work, while site records can show changes and conditions during construction. Communications may establish when a problem was reported and how the parties responded.

Deadlines and proof in lien claims

Construction liens depend on statutory procedures as well as the underlying payment dispute. Notices, recorded documents and filing dates can affect the parties' rights. Courts also examine who supplied labor or materials and what payment remains due.

Lien litigation may overlap with contract claims when one party contests performance or payment. The contract explains the agreement, while project and payment records show what occurred. Accurate dates matter because lien laws impose deadlines at several stages.

Attorney background and team information

Michael L. Dear began his legal career as an Assistant State Attorney in Florida's 12th Judicial Circuit. He prosecuted felony, misdemeanor and juvenile cases there. That role gave him courtroom work at the start of his career.

Move into civil litigation

Dear later worked at an Orlando law firm on multiparty civil litigation involving multimillion dollar claims. Multiparty cases require attention to separate allegations, defenses and document sets for each participant. He later opened The Law Office of Michael L. Dear, P.L.L.C.

The shift placed his earlier courtroom background alongside civil disputes involving businesses and other parties. His current firm's stated areas center on contracts, company ownership issues and construction claims. The site identifies him as Attorney At Law and says he handles client matters at the firm.

Education and attorneys named by the site

Dear earned his J.D. from Florida Coastal School of Law in 2008. He joined the Florida Bar in 2009. The firm's attorney navigation also names Wendy Shay Temple, Esquire.