Largo, FL asked in Civil Litigation for Florida

Q: How do I (Plantiff) as a Pro-se, ask for a case to be dismissed, but if the harassment starts again, I'd like to reopen

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

A: You can file a voluntary dismissal without prejudice (meaning with the ability to re-file later) but BEWARE: if the defendant has incurred any costs and/or attorney's fees in defending the case, he/she potentially could file a motion for an award of those costs and/or fees after you file a voluntary dismissal. Therefore, in some circumstances, it's prudent to propose to the defendant that you will drop the case by filing a voluntary dismissal without prejudice if he/she, in writing, waives costs and fees (if any).

Stephen Arnold Black agrees with this answer

Barry W. Kaufman
Barry W. Kaufman
Answered
  • Jacksonville, FL
  • Licensed in Florida

A: You don't. If the case is dismissed, it's done. You'd have to file a new separate lawsuit

Stephen Arnold Black agrees with this answer

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