Legal Question in Appeals and Writs in Maryland

Adjudication upon the merits

In a first case, the entry for a civil court case reads ''Voluntary Dismissal in Entirety without prejudice'' by Plaintiff.

Can a Plaintiff bring a second court action seeking a TRO and Preliminary Injunction based on the same/similar claims which Plaintiff voluntarily dismissed in the first case after considering this:

Maryland Rule 3-506 (Voluntary dismissal)

(d) Effect on claim.- Unless otherwise specified in the notice of dismissal, stipulation, or order of court, a dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a party who has previously dismissed in any court of any state or in any court of the United States an action based on or including the same claim.

What does ''a notice of dismissal operates as an adjudication upon the merits'' mean in plain language?


Asked on 11/06/08, 2:35 pm

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: Adjudication upon the merits

It means that it can't be brought again. In other words, the rule lets you voluntarily dismiss once and refile, but you can't dismiss twice with the right to re-file a third time unless the court orders it.

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Answered on 11/06/08, 4:33 pm


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