Space Master International, Inc. v. Porta-Kamp Manufacturing Co.

OPINION

BISSETT, Justice (Retired).

This is an appeal from the trial court’s order nunc pro tunc dismissing Space Master’s suit for declaratory judgment without prejudice. Space Master International Inc., (“Space Master”), in three points of error, contends the trial court erred in dismissing its suit, because the mere pendency of two other actions, in Massachusetts federal court and New Jersey state court, was not a sufficient basis for dismissal. We affirm.

A dispute arose concerning two contracts entered into between Space Master and Porta-Kamp Manufacturing Company, Inc. (“Porta-Kamp”): one…