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SEARS TERMITE & PEST CONTROL v. ARNOLD

No. 99-1639.

743 So.2d 597 (1999)

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.

District Court of Appeal of Florida, First District.

October 6, 1999.

Attorney(s) appearing for the Case

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

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Appellant's motion for rehearing is granted and this court's opinion of July 9, 1999, is withdrawn.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...

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