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FORT v. FORT

No. 1D06-2795.

951 So.2d 1020 (2007)

James W. FORT, Former Husband, Appellant, v. Cynthia FORT n/k/a Cynthia Taylor, Appellee.

District Court of Appeal of Florida, First District.

March 26, 2007.

Attorney(s) appearing for the Case

Cynthia Stump Swanson, Gainesville, for Appellant.

Robert W. Bauer of Clayton-Johnston, P.A., Gainesville, for Appellee.

VAN NORTWICK, J.

James W. Fort, the former husband, appeals an order dismissing, without prejudice, his motion to enforce a modification of a final judgment of dissolution.1 Although we conclude that the trial court erred to the extent it ruled that it lacked subject matter jurisdiction, we affirm pursuant to the "tipsy coachman" rule because the former husband's petition failed to state a cause of action. See Dade County School Bd...

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