SUPER PRODUCTS, LLC
v.
INTRACOASTAL ENVIRONMENTAL, LLC
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An interlocutory order awarding attorney's fees that does not contain language allowing execution is nonappealable and nonfinal.
[1] An interlocutory order awarding attorney's fees that does not contain language allowing execution is not a final, appealable order and lies outside the appellate court's…
[2] A circuit court retains inherent authority to reconsider its interlocutory orders until final judgment is entered in the action.
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Join FLexlaw to unlock all legal intelligence“the contract's choice of law provision governs only the construction of the contract”
Court's statement regarding the scope of choice of law provisions in contract disputes
Super Products appealed an interlocutory order awarding attorney's fees to Intracoastal Environmental in a breach of contract action. The circuit cour…
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NORTHCUTT, Judge.
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.
MORRIS, J., Concurs. LUCAS, J., Concurs in result only.
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Citator
Authorities Cited
- LoBELLO v. State Farm Fla. Ins. Co., 152 So. 3d 595 (Fla. 2d DCA 2014)
- McHALE v. Grobowsky, 913 So. 2d 1292 (Fla. 2d DCA 2005)