EL MUNDO SUPERMARKET v. MICHELSA SUPERMARKET

No. 80-148.

388 So.2d 324 (1980)

EL MUNDO SUPERMARKET, INC., a Dissolved Florida Corporation, Appellant, v. MICHELSA SUPERMARKET, INC., a Florida Corporation, and Jose Guitian and Israel Guitian, Appellees.

District Court of Appeal of Florida, Third District.

September 23, 1980.


Attorney(s) appearing for the Case

Ferguson & Gettinger, P.A., Miami, for appellant.

Lewison, Rayvis & Donovan and Richard Donovan, Miami, for appellees.

Before HUBBART, BASKIN and DANIEL S. PEARSON, JJ.


BASKIN, Judge.

The appeal questions the propriety of the court's dismissal of appellant's complaint with prejudice based upon counsel's failure to comply with local court rules designed to preclude forum-shopping. We reverse.

Appellant El Mundo Supermarket, Inc. originally brought an action to foreclose a chattel mortgage. While that proceeding was pending, El Mundo filed an identical complaint in a new case without referring the clerk to the prior action...

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