Phoenix, AZ asked in Constitutional Law for Arizona

Q: 1) If a case is "dismissed in its entirety" how can that mean the same as "dismissed with prejudice"?

Def. filed a motion to dismiss based upon Ariz. Rev. Stat. 10-3180 and the Ecclesiastical Abstention Doctrine which the trial court denied ruling that Def had not made a factual showing, based on affidavits and other admissible evidence that the EAD applies. (Brief background: Def and co-Def held an election at the mosque where they are members. The losers of the election filed suit and the trial court granted Plaintiffs a Prelim Inj, expelled Def from the mosque and set aside the election.)

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1 Lawyer Answer
Adam Studnicki
Adam Studnicki
  • Phoenix, AZ
  • Licensed in Arizona

A: A judge will normally say it a case is dismissed with or without prejudice. Sounds like the judge denied dismissal in this case, if I understand the question.

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