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:
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.
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
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.
