|prev word||definitions home||next word|
a cancellation. Dismissal of a motion is a denial of the motion. Dismissal of a complaint or
a related count terminates proceedings on the claim asserted in the complaint.
Dismissal of an appeal places the parties in the condition as if there had been no
appeal, confirming the judgment of the lower court.
DISMISSAL WITH PREJUDICE: usually an adjudication upon the merits that operates as a bar
to future action by preventing plaintiff from making further attempts at a claim based upon the same facts.
EXAMPLE: Jorge brings a lawsuit against a company, claiming that it never refunded his money for an item he returned.
The company shows the judge a check made payable to Jorge and cashed by him, with a large notation on the check that it was payment for the return of the item. Jorge then tries to make an additional claim that the company owes him more money for other reasons. The judge will usually dismiss with prejudice Jorge's claim for the refund price alone and instruct him to file a separate claim if he is seeking for more money. The "with prejudice" aspect of the court's decision means that Jorge can never again sue on the same claim unless he successfully appeals the decision.
DISMISSAL WITHOUT PREJUDICE: such a dismissal is not on the merits and does not bar a subsequent suit on the same cause of action, nor affect any right or remedy of the parties.
Source: Barron's Dictionary of Legal Terms, Steven H. Gifis, 5th Edition; © 2016