SUPER PRODUCTS LLC v. INTRACOASTAL ENVIRONMENTAL LLC (2018)

District Court of Appeal of Florida, Second District.

SUPER PRODUCTS, LLC, a Delaware limited liability company, Appellant, v. INTRACOASTAL ENVIRONMENTAL, LLC, a Florida limited liability company, Appellee.

Case No. 2D17-1735

Decided: July 25, 2018

Arthur S. Weitzner of Arthur S. Weitzner, P.A., Sarasota, for Appellant. Adam Hersh of Hunter Business Law, Tampa, for Appellee.

Super Products, LLC, challenges an interlocutory order awarding attorney's fees to Intracoastal Environmental, LLC, in this ongoing breach of contract action. The circuit court assessed the fees pursuant to a Wisconsin statute in the misguided belief that the law of that state governs the Florida lawsuit. Plainly, however, the contract's choice of law provision governs only the construction of the contract.

Still, we lack jurisdiction to reverse the fee award at this time. The order does not contain language allowing execution; as such, it is a nonappealable, nonfinal order, and we must dismiss this appeal. See McHale v. Grobowsky, 913 So.2d 1292, 1292 (Fla. 2d DCA 2005). As we do so, it is worth noting that until an action is resolved by entry of final judgment, a circuit court has inherent authority to reconsider its interlocutory orders. See LoBello v. State Farm Fla. Ins. Co., 152 So.3d 595, 600 (Fla. 2d DCA 2014).

Dismissed.

NORTHCUTT, Judge.

MORRIS, J., Concurs. LUCAS, J., Concurs in result only.

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