Skip to main content

DISMISSAL WITHOUT PREJUDICE OF AFFIRMATIVE CLAIMS.

Cleveland, OH |
Filed under: Litigation

If the bank does not perfect all title work etc, the judge is going to issue a dismissal without prejudice of affirmative claims. What does that mean?

Attorney Answers 3


  1. A dismissal without prejudice is a dismissal of the plaintiff's case, but the plaintiff is allowed to bring a new suit on the same claims. Basically, the judge is tell the plaintiff to perfect the title work and then come back.

    You may want to consult a local attorney so you will be prepared if they do file again.

    Mr. Esposito is a Ohio-licensed attorney only. The information is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation. Contacting Andrew Esposito does not constitute legal representation, nor is any information you provide protected by attorney-client privilege until otherwise advised.


  2. Not sure of the specifics of your case but a dismissal without prejudice means the case (or affirmative defenses) can be refiled. As opposed to a dismissal with prejudice which means the defenses cannot be raise again. More information would have been helpful. Whose affirmative defenses were dismissed, the banks or yours.

    Good luck.

    Legal disclaimer: I am not your attorney and we have no attorney/client relationship. This response is submitted for informational purposes only. This is not legal advice, nor is it intended to be taken as such. Anyone considering the above referenced response and should always consult directly with an attorney within your jurisdiction before taking any action based on this, or any other information. This information is provided without any cost and therefore is what it is worth. Again this information does not create any privileged attorney/client relationship and you are cautioned about information you convey to any person in a public forum.


  3. This means that the Court is dismissing the claims "otherwise than on the merits". This allows the Plaintiff to refile the suit, generally speaking, within one year of the dismissal. You may want to consult with an attorney prior to the suit being refiled as there are procedural defenses which may be available.

Litigation topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics