Hialeah, FL asked in Civil Litigation for Florida

Q: If a civil case is dismissed with prejudice, can it be refiled?

A civil case was dismissed with prejudice and has now been refiled.

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

A: No, a dismissal with prejudice means the Court has decided that the case is over in that particular court and cannot be re-filed. A dismissal without prejudice means the plaintiff has an option to either amend the complaint or file a new lawsuit on the same basis, depending on the circumstances. However, for any dismissal, there are sometimes grounds for a motion to vacate the order of dismissal, and all dismissals with prejudice may be appealed within 30 days.

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