What Is a Voluntary Dismissal Without Prejudice?
A voluntary dismissal without prejudice is a plaintiff's own decision to drop a lawsuit while keeping the right to refile it later. The plaintiff — not the court or the defendant — ends the case, and because it is "without prejudice," the claim is not decided on the merits and can generally be brought again, subject to the statute of limitations.
How It Works in Florida
Under Florida Rule of Civil Procedure 1.420(a), a plaintiff may voluntarily dismiss a case — typically by filing a notice of dismissal before the matter is submitted for decision, or by stipulation of the parties. The dismissal is ordinarily without prejudice the first time. However, the rule includes a "two-dismissal" principle: a second voluntary dismissal of the same claim can operate as an adjudication on the merits — effectively with prejudice.
Strategic Considerations
- It lets a plaintiff regroup — to fix a problem, gather evidence, or refile in a better posture
- The statute of limitations keeps running, so refiling is not unlimited
- The defendant may be entitled to costs, and the court can condition refiling on paying them
Related Terms
- Without Prejudice — Preserves the right to refile
- With Prejudice — What a second voluntary dismissal can become
- Statute of Limitations — Keeps running despite the dismissal
Barnes Walker Litigation
Barnes Walker's litigation attorneys advise on dismissal strategy and refiling in Florida civil cases. Request a legal inquiry for assistance.
Florida Law Reference
Fla. R. Civ. P. 1.420(a)
Allows a plaintiff to voluntarily dismiss an action, ordinarily without prejudice; but a second voluntary dismissal of the same claim operates as an adjudication on the merits.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC