Facts
A.A. (appellant) and B.A. (respondent) were married on January 9, 1981. By the matrimonial protection order of the District Court of Schwyz dated February 3, 2009, the appellant was obliged to pay the respondent retroactive maintenance contributions of CHF 9,000 (to the wife personally) and CHF 4,000 (for the then still underage daughter) per month as of July 4, 2007.
Since the end of 2009, divorce proceedings have been pending between the parties. On January 19, 2010, the appellant requested a modification of the matrimonial protection measures that remained in force as precautionary measures in the divorce proceedings. The District Court of Schwyz dismissed the request by decision of July 2, 2010. On November 10, 2010, the appellant filed a second request for modification, but withdrew it on July 14, 2011. The District Court of Schwyz discontinued the initiated modification proceedings by order of July 18, 2011 "due to withdrawal of the request as irrelevant".
By submission of June 25, 2013, the appellant again requested a modification of the measures ordered in the order of the District Court of Schwyz of February 3, 2009. The District Court dismissed the request for modification. The appeal filed by the appellant against this was also dismissed by the Cantonal Court of Schwyz, as the appellant essentially asserted the same changes as in the withdrawn request of November 10, 2010.
Considerations
The decisive factor is that the appellant in the present proceedings wants to assert the same change as already in the request of November 10, 2010. The withdrawal of this earlier request precludes a review today.
Although the Code of Civil Procedure does not contain an explicit regulation on the legal consequences of the withdrawal of a request for precautionary measures, the provision on the consequences of the withdrawal of a claim in the general provisions of the Code of Civil Procedure is generally also applicable to requests in summary proceedings.…