UNIFIRST CORPORATION v. JOEY NEW YORK PIZZA LLC II LLC III LLC (2021)

Unifirst Corporation appeals the trial court's order vacating an arbitration award in its favor and ordering the parties to renewed arbitration. This court lacks jurisdiction because the order on appeal is a nonfinal, nonappealable order. See Loewenstein, Inc. v. Draheim, 898 So. 2d 1129, 1130 (Fla. 4th DCA 2005); Zabawa v. Penna, 868 So. 2d 1292, 1292 (Fla. 5th DCA 2004).

Unifirst urges this court to treat its appeal as a petition for writ of certiorari based on Felger v. Mock, 65 So. 3d 625, 628 (Fla. 1st DCA 2011), and Heart Surgery Center v. Thomas J. Bixler II, M.D., P.A., 128 So. 3d 169, 172–73 (Fla. 1st DCA 2013). We decline to treat the appeal as a petition for writ of certiorari because Unifirst cannot demonstrate irreparable harm that cannot be remedied on direct appeal. See Miami-Dade County v. King, 176 So. 3d 373, 374 (Fla. 3d DCA 2015); Loewenstein, 898 So. 2d at 1130; Zabawa, 868 So. 2d at 1293.

We certify conflict with the First District's decisions in Felger, Heart Surgery Center, and Amalgamated Transit Union, Local 1579 v. City of Gainesville, 264 So. 3d 375, 377–79 (Fla. 1st DCA 2019) (reaffirming its holding in Felger and certifying conflict with King, Loewnstein, and Zabawa).

Dismissed; conflict certified.

PER CURIAM.

SILBERMAN, LaROSE, and ATKINSON, JJ., Concur.