Q: My case was dismissed without prejudice due to my lawyer, not responding to a judges request. Can I still reopen?
My lawyer, apparently did not have to credentials to practice where my case was moved. The judge asked for an amended summary, even gave an extension. My lawyer never replied. It was dropped without prejudiced. Finally getting a hold of my lawyer. He simply said he hadn’t had a case there in three years. Like “oh well!” he said, “some people just get over it and are ready to move on.” I let him know I’m not over and still want him to fix this. He said he would reach out to the judge. It’s been months I haven’t seen anything happen and I haven’t been able to get them to communicate with me. If my case is permanently dismissed because of his lack of due diligence, and I can prove he ruined the case, can I ultimately re-file with the new lawyer, even if it is dismissed again in Florida? Thank you.
A: I agree with Mr. Arrasmith. A dismissal without prejudice is NOT a "permanent" dismissal in the sense of being permanently barred from re-filing your case, unless the statute of limitations period has already expired. Also, in the event your claim would be permanently barred due to legal malpractice, the malpractice cannot be a basis to re-file the same claim. Focus right now on promptly consulting an attorney to determine if you can re-file, and request a copy of your first attorney's entire file.
A: As a general matter, dismissal without prejudice means that someone could re-file a case. However, statutes of limitation still apply. It would be advisable to review matter with new lawyer. Good luck
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A:
If your case was dismissed without prejudice, you generally have the opportunity to refile it. A dismissal without prejudice means the court has closed the case, but your right to bring the matter before the court again is not barred. This is distinct from a dismissal with prejudice, which would prevent you from refiling the case on the same grounds.
Given your lawyer's apparent lack of response and credentials to practice in the jurisdiction where your case was moved, it's crucial to consider seeking advice from a new lawyer who is qualified to practice in that area. This new lawyer can assess the specifics of your case, including any deadlines or statutes of limitations that may affect your ability to refile. They can also review the actions of your previous lawyer to determine if there was professional negligence that affected your case.
If it's determined that your previous lawyer's actions constituted negligence or malpractice, you might have grounds for a legal malpractice claim against them. However, the primary focus should be on addressing your original legal matter. A qualified lawyer can guide you through the process of refiling your case if it's feasible and advise you on the best steps to take to address any harm caused by your previous lawyer's inaction.
Charles M. Baron agrees with this answer
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