Hialeah, FL asked in Civil Litigation for Florida

Q: Civil case dismissed with prejudice, does court or plaintiff give notice to defendant of appeals so case can be re-filed

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

A: You are apparently posting this inquiry after your prior one in which I gave the information about potential ability to appeal a dismissal with prejudice. If the case is dismissed with prejudice, it CANNOT be re-filed, but it possibly may be appealed (to a higher court) within 30 days of entry of the order of dismissal. If appealed, the plaintiff whose case was dismissed must file a notice of appeal in the trial court. In most cases, a layperson trying to appeal without either representation or a lawyer's assistance will encounter great difficulty, and could easily wind up with the appeal being dismissed for failure to comply with court rules. Also, you may or may not have any valid grounds to appeal. In short, you likely need to schedule a consultation with an attorney.

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