 | |
| Browse | Ask | Answer | Search | Join/Login | |
Is an order of "Dismiss" a dismissal with prejudice and can I refile the case?
Asked Jan 9, 2011, 09:39 AM
—
2 Answers I filed a small claims court case in Volusia County Florida against a man who admits vandalizing my property. A trial date and time was set. I made an error in the appearance time and was 20 minutes too late. The judge entered a "dismiss" order without stating whether it was with or without prejudice. The clerk told me I could refile, which I did. AT our pretrial conference, The defendant had an attorney who says the order is with prejudice because it does not state otherwise and I cannot refile the case. The judge gave me 10 days to present case evidence of precedant where such a case was allowed to be refiled. I think she was hinting at how I can be heard. Do you know of any case law or how I can be heard? |
| ||||
| RULE 4:37. DISMISSAL OF ACTIONS | ||||
| |
| ||||
| You would have to research Florida Law in order to find a previous case with these circumstances - and that is VERY time consuming. You could retain an Attorney to do this research for you but, again, it will be expensive. The Judge wasn't hinting at how to get the matter heard; she was telling you to give her legal proof that you CAN refile, citing specific case law. Providing case law is the only way you can be rescheduled. Here is what I find: "If you fail to appear at trial, the judge will dismiss your claim, or he may enter a judgment in favor of the defendant - you lose. If the defendant doesn't appear at trial, you win automatically. The judge will enter a judgment (called a "default judgment") awarding you the amount of your claim, plus your court costs or filing fees. In the case of a default, you still need to show the judge that your claim against the defendant is valid and that the defendant was properly served with (or given a copy of) your Civil Warrant before the trial date. Likewise, the defendant may be given a default judgment against you if he filed a counterclaim and you didn't show up at trial to defend it." http://research.lawyers.com/Virginia...ms-Trials.html Looks to me like the opposing Attorney and Judge are relying on this language - WILL DISMISS your claim. I see no provision for an appeal. | ||||
| |
| Thread Tools | Search this Thread |
Add your answer here.
Check out some similar questions!
We were previously sued over a credit card debt obviously belonging to someone else with similar name. Case was dismissed without prejudice in Jan of 07, we live in Florida - due to the plaintiff not producing any documentation that the court ordered. Now, it seems that the debt was resold and...
I live in Mississippi and received complaint (summons) from collector (3rd party) credit card default. Answered Pro Se within time given. Twenty(20) days later, received from collector, Order of Dismissal without Prejudice. My question is, Is this normal for collector to send directly to me, this...
I was given until 8/15 to file restated complaint for my counterclaim. I did file the complaint on 8/15. On 8/22, the court had a conference and dismissed my case ( I did not appear). The reason the court stated was "failure of plaintiff to file an amended/restated complaint". Since I...
How much time does the plaintiff have until they can retry the case? My credit card comp sued me, however, they failed to prove that the account was mines.
I filed a chapter bankruptcy in march of 2006. I have paid my plan payments. I fell behind in my mortgage payment and the mortgage company filed for a relief of stay. This was granted and my home is to be sold on nov. 20, 2007. I have tried contacting the mortgage company and can not get anyone to...
View more Small Claims questions Search
