LYNN – The court case against a former St. Mary’s High School custodian who was charged in August with setting his ex-wife’s car on fire in a Lynnway parking lot has been dismissed, according to Lynn District Court documents.Frank Luti, 33, of Malden, was charged with arson after being seen walking on a nearby street after his former wife’s car was set on fire the night of July 13, fire investigators said. A tow truck driver told police he observed a man running away from the car after it was lit and followed him in his vehicle until police arrived.Luti was arrested that night on an outstanding warrant but charged with arson and larceny of a motor vehicle on Aug. 6 once more evidence was obtained.A spokeswoman for the Essex County District Attorney’s Office did not immediately return a call for comment. Court documents only state the case was dismissed for “failure to prosecute.”The car was found burned in the Sullivan’s Tire parking lot the night of July 13 after it had been stolen from Revere Beach. Luti’s ex-wife never reported the car stolen and her own sister bailed Luti out of jail, fire investigation documents said.St. Mary’s Headmaster Raymond Bastarache said in an August interview he did not know how Luti passed a Criminal Offender Records Information (CORI) check in order to obtain his job at St. Mary’s despite Luti’s lengthy criminal record for motor vehicle violations, compulsory insurance violations, marijuana possession, larceny and restraining order violations, saying Luti filled out the appropriate paperwork which was passed on to the Archdiocese of Boston prior to starting the job. Luti only worked at the high school for about six weeks before he quit on his own accord, Bastarache said at the time.Luti did not return calls for comment.