Florida District Courts of Appeal, 1997

Osborne v. Reardon

Osborne v. Reardon
Florida District Courts of Appeal · Decided July 23, 1997 · Jorgenson, Levy, Schwartz
696 So. 2d 1344; 1997 Fla. App. LEXIS 8433; 1997 WL 408896 (Southern Reporter, Second Series)

Osborne v. Reardon

Opinion of the Court

PER CURIAM.

While the trial court correctly declined to entertain the pétition for modification because of the pendency of an identical proceeding being maintained by the appellant in another county, it should have not dismissed, but rather stayed the present case pending the resolution of the earlier one. 1 Fla. Jur.2d Actions § 39 (1977). The order of dismissal is therefore vacated, and the cause is remanded for the entry of an appropriate stay order.

Vacated, remanded.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.