Opinion
Case No. 01-2249-CIV-MOORE
July 19, 2002
ORDER
THIS CAUSE is before the Court upon Plaintiff's Motion for Reconsideration (DE#74) of this Court's May 7, 2002 Summary Judgment Order denying Plaintiff's request for an award of lost profits. Defendant filed a response on June 17, 2002, and Plaintiff filed a reply thereto on July 9, 2002.
A motion for reconsideration should only be granted to correct manifest errors of law or fact, or where newly discovered evidence is presented; reconsideration is not an appropriate vehicle to "present authorities available at the time of the first decision or to reiterate arguments previously made." ABB Power TD Co., v. Gothaer Versicherungsbank VVAG, 939 F. Supp. 1568, 1572 (S.D. Fla. 1996).
Plaintiff has not presented the Court with newly discovered evidence nor errors of fact, accordingly its grounds for reconsideration necessarily rest upon its assertion that the Court has made a manifest error of law in need of correction. The Court remains unpersuaded by Plaintiff's arguments that it is entitled to lost profits under Florida law.
In support of its claim, Plaintiff simply realleges several of its arguments and authorities already considered by the Court upon the Plaintiff's filing of its summary judgment motion. In addition, Plaintiff refers to authority that was available at the time Plaintiff drafted its motion for summary judgment, but nonetheless failed to include. It is not proper for Plaintiff to move the Court to reconsider an issue upon which it failed to provide persuasive and exhaustive authority for the Court's initial consideration. Moreover, the Court finds that the cases to which Plaintiff cites for the first time in its motion for reconsideration are unpersuasive, as they do not discuss breach of contract actions in the context of the franchisor-franchisee relationship.
Accordingly, it is ORDERED and ADJUDGED that Plaintiff's Motion for Reconsideration (DE#74) is hereby DENIED.