What Does "With Prejudice" Mean?
When a case or claim is dismissed with prejudice, it is dismissed permanently — the plaintiff is barred from bringing the same claim again. The phrase signals a final ending on the merits, as opposed to a temporary or technical dismissal. Because it forecloses the claim for good, dismissal with prejudice is a significant event in any lawsuit.
With Prejudice vs. Without Prejudice
- With prejudice — the claim is over and cannot be refiled; it operates as a decision on the merits
- Without prejudice — the case ends for now, but the plaintiff may correct the problem and refile, subject to the statute of limitations
A dismissal with prejudice typically triggers res judicata, the doctrine that prevents the same parties from relitigating a claim that has already been finally decided.
When It Happens
A claim may be dismissed with prejudice when the parties settle and agree to a final dismissal, when a court dismisses after the plaintiff repeatedly fails to fix a deficient pleading, or as a sanction for serious misconduct. Settlement agreements in Florida frequently call for the case to be dismissed with prejudice so the dispute cannot resurface.
Related Terms
- Without Prejudice — The opposite, allowing refiling
- Res Judicata — The bar on relitigating a decided claim
- Dismissal — The court order ending a case
Barnes Walker Litigation
Barnes Walker's litigation attorneys resolve and dismiss Florida civil cases on favorable terms, including settlements structured for finality. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC