I filed for a contempt on my ex-wife for blocking visitation. I had a previous OSC and Affidavit re: contempt dismissed due to the judges feeling that the allegations were in sufficiently pled. My second contempt did not have the previous application for relief box checked and the defense counsel filed a motion to dismiss based on this. It is my position that the dismissed application was deemed invalid on its face by the order of dismissal and therefore does not legally constitute a previous application ( I.e. no determination on the merits). Is there authority that supports this position?