What Does "Without Prejudice" Mean?
When a case or claim is dismissed without prejudice, it ends for now but may be brought again. The dismissal is not a final decision on the merits, so the plaintiff keeps the right to refile — typically after fixing whatever problem led to the dismissal — as long as the statute of limitations has not expired. It is the opposite of a dismissal "with prejudice," which bars refiling permanently.
Without Prejudice vs. With Prejudice
- Without prejudice — the claim can be refiled; no final ruling on the merits
- With prejudice — the claim is over for good and cannot be brought again
When It Applies
A Florida court may dismiss a case without prejudice for curable problems — a technical pleading defect, improper service, or failure to satisfy a procedural prerequisite — giving the plaintiff a chance to correct and refile. The phrase also appears in settlement negotiations: communications made "without prejudice" generally cannot be used as admissions if the talks fail. The key practical point is that the right to refile is preserved, but the statute of limitations keeps running, so a plaintiff cannot wait indefinitely.
Related Terms
- With Prejudice — The permanent opposite
- Dismissal — The order that may be with or without prejudice
- Statute of Limitations — Keeps running despite the dismissal
Barnes Walker Litigation
Barnes Walker's litigation attorneys handle dismissals, refiling, and case strategy in Florida civil matters. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC