Banco Del Comercio v. Barco

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, 124 Fla. 747, 169 So. 391 (1936); Mc Wane Cast Iron Pipe Corporation v. McDowell-Wellman Engineering Company, 263 A.2d 281 (Del.1970); Fitch v.…