The default rule is that only judgments on the merits or dismissals with prejudice may be appealed. Dismissals without prejudice mean that the litigant can re-plead and pursue the claims; so, the court of appeals is often reluctant to touch a dismissal without prejudice until the trial court had made a final decision. To that end, there…
Legal Articles
Voluntary Dismissals with Prejudice
A dismissal without prejudice usually means that a lawsuit or claim may be filed. A dismissal with prejudice, in contrast, typically means that the lawsuit or claim has been fully resolved and cannot be refiled. Voluntary dismissals with prejudice are, as a matter of practice, often executed by a plaintiff when the parties reach an…