On Motion for Rehearing.
Appellant Henson urges that in our original decision, we made an unwarranted assumption, i.e., that no constitutional arguments were presented in the trial *87court concerning the nonapplicability of the Georgia Renewal Statute to a case first brought in a federal court, there dismissed, and subsequently brought in this state’s courts after the statute of limitation had run. Henson, to his motion for rehearing, has attached several affidavits showing that an oral argument based upon denial of due process was advanced in the trial court. Pretermitting whether such affidavits are properly before this court as a part of the record, we will give further consideration to the argument pertaining to the alleged lack of due process in the denial of the applicability of the renewal statute.
As originally noted, we reject the contention that this court can solve the problems caused by a requirement of dual filing of suits in the federal and state jurisdictions. We adhere to our position that this question is best submitted for resolution to the General Assembly rather than this court.
As to the lack of due process argument, we observe that appellant Henson had the choice of forums. He could have brought suit in either the federal courts or the courts of this state. See Bell v. Loosier of Albany, 137 Ga. App. 50, 59 et seq. (222 SE2d 839). Henson exercised the right available to him to seek redress in a federal court. In its defensive pleadings, CB&T asserted that pendent jurisdiction in a federal court was misplaced and that all but the truth in lending count was more properly to be adjudicated as state claims in a state court. This was a red flag of warning that the state claims might be in jeopardy and that in order to avoid the statute of limitation, Henson would be required to bring suit on those claims in the appropriate state forum. It took 18 months for the federal court to dismiss the state-oriented claims. By that time, the statute of limitation had run.
Henson’s argument that the denial of the renewal statute under the circumstances chills a litigant from seeking redress in a federal court is without merit. There remains a full and uncircumscribed right to seek pendent jurisdiction of state claims in a federal court. If, however, there is danger that the statute of limitation might run on those state claims, the plaintiff should seek redress in the state courts to protect his interests. The law of this state for over eighty years has clearly decreed that the choice of *88forums is the litigant’s but that the renewal statute to toll the running of the statute of limitation is no protection if the litigant chooses the federal forum. Constitution Pub. Co. v. DeLaughter, supra.
Nor do we find merit in Henson’s continued argument that CB&T is estopped to urge the statute of limitation inasmuch as CB&T urged before the federal court that the state-oriented claims should be brought in the state court. CB&T did not seek transfer but argued that the federal court should dismiss the state-oriented claims. Having prevailed in that argument, it is in nowise precluded from seeking further relief by arguing in the state court that Henson’s claims are barred by the statute of limitation.
Having considered fully the motion for rehearing and having re-examined the merits of the original decision in light of the motion for rehearing, we deny that motion and adhere to our affirmance of the trial court.
Motion for rehearing denied.