Tennessee  |  Consumer Law

Legal Question

Asked on: 5/31/11, 9:10 pm

I live in Tennessee, Davidson County. I can't find anything in the rules of General Sessions Court about the fate of suits which have been dismissed without prejudice (non-suit) voluntarily by the Plaintiff. They didn't have a case, so they backed out. At what point can I file for the case to be dismissed with prejudice or judged in my favor?

1 Answer

Answered on: 6/01/11, 6:25 am by Keith Reisman

The good news is that if it was dismissed it is gone. The bad news is that there is no such thing as filing to have the case made "dismissed with prejudice." On the other hand, if the plaintiff does not refile the lawsuit within one year of the date that it was dismissed then the plaintiff is barred from filing it after the one year. The short of it is that one year after the initial dismissal without prejudice, the plaintiff will not be able to file it again.

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