Dismissed without Prejudice?
5 attorney answers
You should seek advice of counsel immediately, as there are time limits that may be applicable (for both a lawsuit (if appropriate) and/or a fee motion (if appropriate). Most will give a free consultation.
However, I caution: You should only litigate because you HAVE TO - not because you WANT TO.... most should be content with the case "gowing away" - but only you will know if you have special circumstances that warrant continuing in the legal process....
Lawyers often have differing opinions and every case is fact specific. Therefore, you should consult with an attorney and use this information for general informational purposes only.
If this is the first time the lawsuit was filed, the Plaintiff has the right to do this and still reserve the right to file it again at a later date (within the allowed time of the Statute of Limitations for that type of case). That being said, a dismissal without prejudice is considered to classify you as the prevailing party for purposes of an award of ATTORNEY (not pro se litigant time) fees if either under the contract sued upon or statute involved, there is a right to attorney fees for the prevailing party, as well as a right to recover costs. There can be other rights to fees (such as if a Proposal for Settlement was properly submitted under the rules prior to the dismissal). If you were represented by counsel, he or she can review those remedies with you. If you didn't have an attorney, most likely you have nothing or only a minimal amount to be awarded by the court. In that case, it normally is a relief to see the case dropped (assuming it isn't refiled at a later date) and ended.
I hope you found this response to provide some help in your effort to resolve a legal issue. This response shall not be considered rendering legal advice but instead a general response to a general question. This is my sole response to your questions in this forum, as it is a donation of time. Subsequent questions by comment or private email, requesting am additional response in this forum will not be responded to. Avvo is a wonderful resource but nothing can substitute for an in-depth consultation face-to-face with a lawyer. The response shall not be deemed to create an attorney-client relationship, nor shall it create an obligation on the part of the attorney to respond to further inquiry from the questioner. The purpose of this forum is to provide general advice both for the person asking the question and others who might have similar questions.
The answer to your question, as with most matters of law, depends greatly on the detailed facts of the case, and in particular the basis for the dismissal. An experienced attorney can properly review the facts to see if there is a valid case of malicious prosecution.
"To prevail in a malicious prosecution action, a plaintiff must establish the following six elements:
(1) an original criminal or civil judicial proceeding against the present plaintiff was commenced or continued; (2) the present defendant was the legal cause of the original proceeding against the present plaintiff as the defendant in the original proceeding; (3) the termination of the original proceeding constituted a bona fide termination of that proceeding in favor of the present plaintiff; (4) there was an absence of probable cause for the original proceeding; (5) there was malice on the part of the present defendant, and (6) the plaintiff suffered damage as a result of the original proceeding."
Fischer v. Debrincat, 169 So. 3d 1204, 1206 (Fla. 4th DCA 2015), approved, 217 So. 3d 68 (Fla. 2017)
Hope this helps.
Best of luck.
If you incurred attorney's fees, and if the case involved a right to recover attorney's fees, you could seek those. But if you did not have an attorney then that won't apply, and if you did have an attorney you should be asking him or her about this.
There is no substitute for the professional advice of an attorney who knows your case and represents you. My post is not, and may not be relied on as, legal advice and does not create an attorney-client relationship. Best wishes for a just and expeditious resolution.
You could pursue it as frivolous, but that is a relatively complicated approach including a statutory demand letter as a condition precedent.
Did you hire a lawyer? Did you spend any money?
As long as the statute of limitation has not run the plaintiff can refile at any time.
We do not have an attorney-client relationship unless we enter into a written, formal letter of instruction to represent; accordingly, I am not your lawyer. The statements I make do not...