OSBORNE v. REARDON

PER CURIAM.

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.