SEARS TERMITE AND PEST CONTROL, INC., APPELLANT,
v.
DAVID ARNOLD, INDIVIDUALLY AND D/B/A DIAMOND TERMITE & PEST CONTROL AND GARY ATCHEY, INDIVIDUALLY AND AS AGENT FOR DIAMOND TERMITE & PEST CONTROL, APPELLEES
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PER CURIAM.
Appellant’s motion for rehearing is granted and this court’s opinion of July 9, 1999, is withdrawn. On March 17, 1999, the trial court entered an order which dismissed the complaint of plaintiff Sears with prejudice as to defendants Arnold and Atchey, and without prejudice to plaintiffs right to amend its complaint as to defendant Diamond Pest Control. Appellant/plaintiff has appealed that order. However, previously the trial court had denied a request for temporary injunction and the plaintiff appealed that order in this court’s Case No. 98-4715. The nonfinal appeal was pending before this court at the time the order here on appeal was entered. The trial court lacked jurisdiction to enter the partial final judgment of March 17, 1999. See Fla. R.App. P. 9.110(k) and 9.130(f). The order of March 17, 1999, is hereby quashed as having been entered by the trial court in the absence of jurisdiction and as the order here on appeal therefore no longer in effect, this appeal is dismissed.
DISMISSED.
BARFIELD, C.J., KAHN and DAVIS, JJ., CONCUR.
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Dragomirecky v. Town OF Ponce Inlet, 891 So. 2d 633 (Fla. 5th DCA 2005)…was pending); Kessler v. City of Naples, 779 So. 2d 378 (Fla. 2d DCA 2000)(holding that final order dismissing case while non-final appeal was pending was entered without jurisdiction and is a nullity); Sears Termite & Pest Control, Inc. v. Arnold, 743 So. 2d 597 (Fla. 1st DCA 1999)(holding that trial court lacked jurisdiction to enter final judgment dismissing complaint against two defendants while non-final appeal of order denying temporary injunction was pend [*635] ing); see also MML Dev. Corp. v. Eagle…
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Tynan v. Dep't of Hwy. Safety & Motor Vehicles, 909 So. 2d 991 (Fla. 5th DCA 2005)…ending); Kessler v. City of Naples, 779 So. 2d 378 (Fla. 2d DCA 2000) (holding that a final order dismissing a case while non-final appeal was pending was entered without jurisdiction and was a nullity); Sears Termite & Pest Control, Inc. v. Arnold, 743 So. 2d 597 (Fla. 1st DCA 1999) (holding that the trial court lacked jurisdiction to enter a final judgment dismissing a complaint against two defendants while a non-final appeal of an order denying temporary injunction was pending). See also MML Dev. Corp. v.…
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Harvey v. State, 786 So. 2d 28 (Fla. 1st DCA 2001)…n 6 of the Florida Constitution. Id. at 739. In subsequent per curiam opinions, this court affirmed the validity of sentences on the authority of Trapp, but indicated its decisional conflict with the second district on the issue. See Lott v. State, 743 So. 2d 597 (Fla. 1st DCA 1999)(affirming on the authority of Trapp; but certifying conflict with second district on issue); Middleton v. State, 747 So. 2d 461 (Fla. 1st DCA 1999)(affirming on the authority of Trapp, but certifying conflict with the second dist…