When the defendant in a civil case asked for the court to dismiss with prejudice and the court dismisses is it too late?

Asked 7 months ago - New Hampton, NH

I was to be heard as plaintiff. the defendant sent their answer and asked for the case to be dismissed with prejudice. I thought that I would object when we went to court on our court date and work it out then but the court dismissed my case because I did not object. The judge granted it but said nothing of prejudice. Is my case dead or could I work this out?

Attorney answers (3)

  1. Richard Todd Rosenstein

    Contributor Level 19


    Lawyers agree

    Answered . You did not indicate any time frame so it is impossible to speculate as to when the ruling/dismissal was entered. It is never prudent to allow any motion to go forward without filing an opposition thereto. A dismissal with prejudice ends the case. You should contact a local litigation lawyer to review the pleadings to determine both the nature of the dismissal and whether or not you can file a motion for reconsideration and/or an appeal of the ruling. You can run a "Find a Lawyer" search here on Avvo to locate lawyers in your jurisdiction.

  2. Tazewell Taylor Shepard IV

    Contributor Level 10


    Lawyers agree

    Answered . I agree with my colleague that you need a lawyer to help you with this matter. You may be able to file a motion tore consider or to set aside the dismissal, but there is not enough information in your question to be certain.

  3. Kenneth J DeMoura

    Contributor Level 13


    Lawyers agree

    Answered . It sounds like you failed to file a written opposition to the defendant's motion to dismiss and that is why the court dismissed the case. You should consult with an attorney immediately as the time to file any appeal is very short from the date that the dismissal is entered as a final judgment.

    The Massachusetts Rules of Professional Conduct require that Ken DeMoura's AVVO attorney-profile and any response... more

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