SWAIN v. SWAIN

No. 4D03-3239.

884 So.2d 428 (2004)

Christopher SWAIN, Appellant, v. Marianne SWAIN, Appellee.

District Court of Appeal of Florida, Fourth District.

September 29, 2004.


Attorney(s) appearing for the Case

Robert J. Puzio of the Law Offices of Robert J. Puzio, Fort Lauderdale, for appellant.

No brief filed for appellee.


PER CURIAM.

Appellant sued his former wife for malicious prosecution and the case was set for trial at 10:00 A.M. He filed a notice of voluntary dismissal without prejudice about twenty minutes before the trial, and neither he nor his counsel appeared at the trial. The wife then moved for a dismissal with prejudice for willful failure to comply with the court's order to appear for trial, and the court dismissed the complaint with prejudice. Once the notice of voluntary...

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