Hollywood, FL asked in Civil Litigation for Florida

Q: What is the statute of limitation to renew a case dismissed without prejudice?

A case was dismissed without prejudice and I want to know in Florida is there a statute of limitations to reopen a case once you voluntarily dismissal without prejudice.

Thank you.

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2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: I believe it would be the SOL for filing the lawsuit initially. Thus, if the events giving rise to the suit happened 2 1/2 years ago, the SOL is four years, and it was dismissed without prejudice 3 1/2 years after the events happened, you would have 1/2 year in which to reopen.

Bruce Alexander Minnick and Charles M. Baron agree with this answer

Charles M.  Baron
Charles M. Baron
Answered
  • Hollywood, FL
  • Licensed in Florida

A: I agree with Mr. Thorgaard's first sentence, but his second sentence is a bit confusing. It's simple. The voluntary dismissal without prejudice has NO BEARING on the limitations period. You determine your limitations period by reading Chapter 95, Fla. Statutes, and if you're not sure after reading it, consult an attorney. If you are still within your limitations period running from the time of incident (or, in some situations, discovery of certain information), you may re-file suit. If your time has run out, your suit will be barred. (You can still re-file if time has run out, but the defendant can raise the SOL as a defense, which would then bar your suit.)

Bruce Alexander Minnick agrees with this answer

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