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Sears Termite Pest Cont. v. Arnold

District Court of Appeal of Florida, First District
Oct 6, 1999
743 So. 2d 597 (Fla. Dist. Ct. App. 1999)

Summary

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

Summary of this case from Tynan v. Department of Highway Safety

Opinion

No. 99-1639.

Opinion filed October 6, 1999.

An appeal from an order of the Circuit Court for Okaloosa County, Thomas T. Remington, Judge.

Allen J. McKenna, Arthur R. Brown, Jr., and Jason C. Black of Garwood, McKenna, McKenna Wolf, Orlando, for appellant.

Nickolas G. Petersen, Shalimar, for appellees.


ON MOTION FOR REHEARING


Appellant's motion for rehearing is granted and this court's opinion of July 9, 1999, is withdrawn.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 plaintiff's 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as having been entered by the trial court in the absence of jurisdiction and as the order here on appeal therefore no longer in effect, this appeal is dismissed.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.


Summaries of

Sears Termite Pest Cont. v. Arnold

District Court of Appeal of Florida, First District
Oct 6, 1999
743 So. 2d 597 (Fla. Dist. Ct. App. 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

Summary of this case from Tynan v. Department of Highway Safety

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 pending

Summary of this case from Dragomirecky v. Town of Ponce Inlet
Case details for

Sears Termite Pest Cont. v. Arnold

Case Details

Full title:SEARS TERMITE AND PEST CONTROL, INC., Appellant, v. DAVID ARNOLD…

Court:District Court of Appeal of Florida, First District

Date published: Oct 6, 1999

Citations

743 So. 2d 597 (Fla. Dist. Ct. App. 1999)

Citing Cases

Tynan v. Department of Highway Safety

An order entered without jurisdiction is a nullity, and cannot be considered harmless error. See Dragomirecky…

Dragomirecky v. Town of Ponce Inlet

However, an order entered without jurisdiction is a nullity, and cannot be considered harmless error. See…