Q: If civil case is dismissed in general sessions, what are my options besides an appeal? Can I refile the case later?
My detinue case and was dismissed after arguing motions and before i was able to put my case on. I did not have an attorney. I cannot afford to appeal at this time and attorneys charge a lot more in an appeal. I have 10 days to appeal. Can I refile the case at a later date as long as I am in the 3 year statute of limitations? What are my other options and what is the best option? I read something about motions for a new trial and reconsideration after dismissal. Are motions for a new trial usually granted? I prefer to wait and refile later, if thats legal to do. I obviously need an attorney for the next step, whatever it may be, but I'm trying to figure out what the best step to take would be before the 10 days are up.
A: It depends on whether the case was dismissed "with prejudice" or "without prejudice." If the dismissal was "without prejudice," the claim can be refiled, but if the dismissal was "with prejudice," then an appeal is the sole avenue for relief.
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