Legal Question in Credit and Debt Law in Florida

What does "Voluntary Dismissal With Prejudice" mean ?


Asked on 7/11/14, 1:04 pm

1 Answer from Attorneys

William Gwaltney William W. Gwaltney, Attorneys at Law

It means the party who initiated the lawsuit has decided to dismiss the case against all or some of the parties they were suing. The "With Prejudice" part means they can not sue the same parties for the same cause of action in the future. A filing of a "Voluntary Dismissal With Prejudice" should end the litigation with regard to the parties being dismissed. It is possible when multiple parties are defendants that only some of the Defendants are dismissed and some remain.

If you are a defendant in a case where this was filed you want to make sure you know whether you are included in the Dismissal. If you are not then the case will proceed against you and any other party not dismissed. Obtaining a copy of the Voluntary Dismissal and the Order should answer any of those questions. If you were the only Defendant in the lawsuit then the Dismissal should serve to end the case completely.

Also, keep in mind that a Voluntary Dismissal is the same as a "Win" for the Defense in the "eyes" of the court. So if you hired an attorney to represent you in the case, you may be able to get attorney fees awarded which will serve to at least reimburse you for the fees you paid.

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Answered on 7/14/14, 5:33 am


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