SWAIT v. SWAIT

No. 4D06-4132.

958 So.2d 552 (2007)

John Alan SWAIT, Appellant, v. Tracy Lynette SWAIT, Appellee.

District Court of Appeal of Florida, Fourth District.

June 13, 2007.


Attorney(s) appearing for the Case

Chester G. McLeod, Pembroke Pines, for appellant.

No appearance for appellee.


SHAHOOD, J.

John Alan Swait ("appellant") filed a supplemental petition for modification of alimony. Tracy Lynette Swait ("appellee") filed an amended motion to dismiss appellant's petition for lack of prosecution pursuant to rule 1.420(e), Florida Rules of Civil Procedure (2006). The trial court granted appellee's motion. We reverse and remand with directions to the court to reinstate appellant's supplemental petition.

"Although dismissals for lack of prosecution...

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