### D ISTRICT 

### C OURT 

### O F 

### A PPEAL 

### O F 

### T HE 

### S TATE 

### O F 

### F LORIDA

F OURTH D ISTRICT

TYRONE ANTHONY JOHNSON
,

Appellant,

v.

STATE OF FLORIDA
, Appellee

.

No. 4D 13

- 3563

[ January 7, 2015 ]

Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County ; Jeffrey Colbath , Judge; L.T. Case No. 2012CF012814AMB

.

Carey Haughwout, Public Defender, and Gary Lee Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Richard Valuntas, Assistant Att orney General, West Palm Beach, for appellee.

P ER C URIAM

.

Tyrone Anthony Johnson appeals his conviction s for possession of marijuana with intent to sell within 1000 feet of a park, possession of MDMA with intent to sell within 1000 feet of a park

, and po ssession of drug paraphernalia. We affirm without discussion the first issue raised by appellant. As to appellant’s second issue on appeal regarding the trial

court’s denial of his second motion for new trial, we conclude that (1) appellant abandoned the motion when he filed a notice of appeal, thus divesting the trial court of jurisdiction to rule on the motion, and (2) appellant failed to appeal from the trial court’s order denying his second

motion for new trial.

On July 5, 2013, a fter the jury found appellant guilty of the drug offenses, defense counsel filed a timely M otion to I nterview J urors and

Motion for N ew T rial. The trial court denied the motion because the alleged

misconduct inhered in the verdict. On September 13, 2013, defense counsel filed a second motion for new trial, based on newly discovered evidence. On September 20, 2013, defense counsel filed a notice of appeal.2

On October 16, 2013, the trial court entered its order denying the second

mot ion for new trial.

Both parties agree that when appellant filed a notice of appeal

, while

his second M otion for N ew T rial was pending before the trial court, he abandoned the motion and divested the trial court of jurisdiction to rule

on it. “[A] party a bandons previously filed post

- final judgment motions when he files a notice of appeal to review that very judgment.” In re Forfeiture of $104,591 in U.S. Currency , 589 So. 2d 283, 285 (Fla. 1991);

see also Beyel Bros., Inc. v. Lemenze , 720 So. 2d 556, 558 (Fla. 4th DCA 1998) (“ [T] he filing of the notice of appeal divested the trial court of jurisdiction to hear a motion that pertained to the underlying final judgment.”). If the trial court issues an order without jurisdiction, the order is a nullity. Bak er v. State , 128 So. 3d 41, 41

- 42 (Fla. 3d DCA 2012). 1

Furthermore, we lack jurisdiction to review the trial court’s denial of appellant’s second Motion for New Trial

, because appellant did not file an amended notice of appeal of that order. See Velickov ich v. Ricci , 391 So. 2d 258, 260 (Fla. 4th DCA 1980) (“ T his court cannot review judicial acts of a trial court taking place after the filing of a notice of appeal unless those judicial acts are themselves made the subject of a new notice of appeal or

othe r appropriate appellate proceedings.”)

.

Affirmed.

D AMOORGIAN

, C.J., T AYLOR and C ONNER

, JJ., concur.

* * *

Not final until disposition of timely filed motion for rehearing.

1 We note that this case is not controlled by the newly adopted amendments to the appellate rule

, which render this opinion obsolete. The rule now provides that a premature appeal does not abandon a pending motion for new trial

. See In re

Amendments to the Florida Rules of Appellate Procedure , 39 Fla. L. Weekly S665, 39 Fla. L. Weekly S775, 2014 WL 5714099 (Fla. Nov. 6, 2014)( “Rule 9.020(i ) is amended to eliminate the language providing that postjudgment motions are abandoned upon the filing of a notice of appeal. The amended rule will allow an appeal to be held in abeyance until disposition of a postjudgment motion.” ).