Question 1

What is a nonsuit in Florida?

Accepted Answer

A nonsuit (voluntary dismissal) is the plaintiff’s decision to withdraw their case from court. Under Florida Rule of Civil Procedure 1.420: the plaintiff has an absolute right to voluntarily dismiss the case one time (without court permission) by filing a notice of dismissal before the opposing party serves a motion for summary judgment or an answer. After that point, the plaintiff can only dismiss with court permission or by stipulation of all parties. A voluntary dismissal is typically without prejudice (the plaintiff can refile the case within the statute of limitations).

Question 2

What is the one-dismissal rule in Florida?

Accepted Answer

One-dismissal rule: if the plaintiff voluntarily dismisses and then refiles the same case, a second voluntary dismissal operates as an adjudication on the merits (dismissal with prejudice). This prevents the plaintiff from repeatedly filing and dismissing the same case. The rule applies when: the plaintiff has previously dismissed the same claim in any court, the previous dismissal was voluntary, and the current dismissal is also voluntary. The one-dismissal rule is designed to prevent harassment and abuse of the legal process.

Question 3

How does voluntary dismissal affect the statute of limitations in Florida?

Accepted Answer

SOL impact: Florida’s voluntary dismissal savings statute (Section 95.051(2)): when a case is voluntarily dismissed, the plaintiff has one year from the date of dismissal to refile (even if the original statute of limitations has expired). This provision: gives the plaintiff additional time to refile if the original statute of limitations would otherwise bar the claim, applies only once (if the refiled case is also voluntarily dismissed, the savings statute does not apply again), and does not apply if the dismissal was with prejudice or if the one-dismissal rule makes it an adjudication on the merits.

Nonsuit Voluntary Dismissal Plaintiff

Nonsuit (Voluntary Dismissal) in Florida

Right to Dismiss

One-Dismissal Rule

Savings Statute

Related Terms

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