Q: Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”
Q: If a civil case has been dismissed without prejudice how long after the SOL are you able to reopen and “ Relate Back”
Can a case dismissed without prejudice be reopened after the statute of limitations and ask the cases be related back to original filing if the claim stays t
A: If a case was dismissed without prejudice and not re-filed prior to the expiration of the statute of limitations, the claim would now be time-barred, preventing the plaintiff from moving forward with that particular cause of action.
Terrence H Thorgaard and Tim Akpinar agree with this answer
A: The dismissal without prejudice doesn't extend the time window with the statute of limitations. You still have to file within the SOL. The "without prejudice" only means you can file again (as opposed to a dismissal "with prejudice," which means you can't file again - even if you're within the statute of limitations). Good luck
Charles M. Baron agrees with this answer
1 user found this answer helpful
A: To add to Mr. Clifton's and Mr. Apkinar's answers, while you GENERALLY cannot re-file a case with the same causes of action after the limitations period has expired (even though a dismissal is without prejudice), there are exceptions to that general rule, such as the equitable tolling doctrine. For example, if the plaintiff is actively misled by the defendant about the cause of action or is prevented in some extraordinary way from asserting his or her rights, the plaintiff may have a basis to seek an order tolling the limitations period for a certain time frame. There are also various statutory bases for tolling under Fla. Statutes Sec. 95.051.
Tim Akpinar agrees with this answer
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
