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District Court of Appeal of Florida,Third District.

Sally OSBORNE, Appellant, v. James H. REARDON, III, Appellee.

No. 97-376.

Decided: July 23, 1997

Before SCHWARTZ, C.J., and JORGENSON and LEVY, JJ. Ralph Rocheteau, Miami, for appellant. Steger & Steger and Karen O'Brien Steger, Stuart, for appellee.

While the trial court correctly declined to entertain the petition 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.


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