BANCO DEL COMERCIO v. BARCO

No. 79-2072.

386 So.2d 1298 (1980)

BANCO DEL COMERCIO, Appellant, v. Jorge BARCO, Appellee.

District Court of Appeal of Florida, Third District.

August 19, 1980.


Attorney(s) appearing for the Case

Mershon, Sawyer, Johnston, Dunwody & Cole and Michael C. Cesarano, Miami, for appellant.

J. James Donnellan, III, Miami, for appellee.

Before BARKDULL and SCHWARTZ, JJ., and VANN, HAROLD R. (Ret.), Associate Judge.


PER CURIAM.

After filing an action in Colombia, S.A., on a note executed in and payable in Colombia, the appellant filed a subsequent action on the same note in the Circuit Court in and for the Eleventh Judicial Circuit. Upon the trial judge concluding that the prior action was still pending in Colombia, he dismissed the second action with prejudice. This appeal ensued.

We sustain the trial judge's discretion in dismissing the second cause. Hagen v. Viney...

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