El Mundo Supermarket, Inc. v. Michelsa Supermarket, Inc.

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 as required by local court rules. Appellees sought dismissal of the second action alleging the existence of the prior action. The motion was…