Is there a Statute of Limitations regarding Dismissal without Prejudice?

Asked about 4 years ago - Orlando, FL

If the Plaintiff files for dismissal, with the following:

"VOLUNTARY DISMISSAL AFTER HEARING WITHOUT PREJUDICE: "

Is there a statute of limitations or time limit barring the Plaintiff to reopen a Florida
"With Out Prejudice" case?

Attorney answers (1)

  1. Stephen G DeNigris

    Contributor Level 13

    Answered . Dismissals of civil actions in trial courts, whether voluntary or involuntary, are routinely entered without prejudice to the party to refile the action.  Florida Rule of Civil Procedure 1.420 acknowledges that voluntary dismissals of civil actions are without prejudice unless denominated otherwise in the notice or stipulation, or unless the voluntary dismissal in question follows a refiling after a prior voluntary dismissal.

    The Statute of Limitations on the case would be whatever the original claim was for. The Without Prejudice means that there has been no determination on the merits of the case and that the complaint can be refiled.  

    For example, some limitations periods are:

    Personal Injury: 4 years.

    Contracts: Written, 5 years; Oral, 4 years. Actions for specific performance must be commenced within one year.

    These are just two examples and not meant to be all inclusive as I don't know the type of claim that was filed. You should speak with an attorney in your locale to obtain information about your specific legal rights.

    Disclaimer: This answer was provided for informational purposes only and does not constitute legal advice or creating an attorney-client relationship. As with any question concerning your rights and obligations under the law, you are urged to speak with qualified counsel in your locale.

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