With Prejudice
Definition:
The term With Prejudice is a legal phrase indicating that a case, claim, or motion has been dismissed permanently, preventing the party from refiling it in the future. When a court dismisses a case “with prejudice,” it serves as a final judgment on the merits, closing the matter completely. This term ensures finality in legal proceedings and protects defendants from repeated litigation on the same issue.
With Prejudice Information
A dismissal **With Prejudice** signifies that the court has made a definitive decision on the matter, barring the plaintiff from bringing the same claim again. Such dismissals often occur when a case has been fully resolved, settled, or when the court determines that refiling would be improper. For example, if a lawsuit is dismissed with prejudice after a settlement, it means the dispute is conclusively resolved. In contrast to “without prejudice,” where a case may be refiled, “with prejudice” carries a sense of finality that protects judicial efficiency and defendants from repeated suits. This designation is often used to mark the end of litigation on specific claims or issues.
Florida Legal Definition
Under **Florida Rule of Civil Procedure 1.420(b)**, a dismissal **With Prejudice** operates as an adjudication on the merits, meaning the claim cannot be refiled. Florida courts use this term to finalize disputes where the underlying issue has been resolved or where refiling would be futile or unjust. Once a case is dismissed with prejudice in Florida, the judgment is considered final for purposes of **res judicata**, preventing the same parties from relitigating the same matter. Florida courts may order dismissal with prejudice after procedural defaults, discovery violations, or as part of a settlement agreement. This ensures closure and prevents duplicative litigation.
How It’s Used in Practice
In practice, **With Prejudice** is used by courts, attorneys, and parties to signify finality in litigation. For example, a Florida court might dismiss a case with prejudice after finding that the plaintiff’s claims lack legal merit or after a settlement is approved. Attorneys often negotiate dismissals with prejudice in settlement agreements to prevent future lawsuits over the same issue. Once the dismissal is entered, the plaintiff loses the right to refile the same case, and the defendant gains permanent protection against further claims on the same grounds. This term is key in ensuring efficiency and final resolution in the Florida judicial system.
Key Takeaways
- **With Prejudice** means a case or claim is permanently dismissed and cannot be refiled.
- Represents a final judgment on the merits, closing the matter completely.
- Under **Florida Rule of Civil Procedure 1.420(b)**, such dismissals act as an adjudication on the merits.
- Commonly used in settlements or when the court determines refiling would be improper.
- Prevents the same parties from bringing the same claim again under the doctrine of **res judicata**.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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