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Dismissal and Without Prejudice - what does it mean

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hat

Junior Member
What is the name of your state?What is the name of your state? FL

Received a copy of a document that reads "Plaintiff, (name), by and through its undersigned attorneys files this its voluntary dismissal without prejudice of the Complaint and Lis Pendens and hereby directs the Clerk of Court to discharge the Lis Pendens filed in this cause."

Does this mean that everything is over finished concerning the house and the foreclosure. We signed a Deed in Lieu of Foreclosure to the bank. What does "without prejudice" mean.

My daughter wants to deed some property to me, would it be safe now for me to accept it without fear of it being involved in any type litigation from the foreclosure. THanks
 


Ladynred

Senior Member
It means they are dismissing the case, so they apparently accepted your 'deed in lieu'. The 'without prejudice' means they are not prevented from filing the same action again.
 

JETX

Senior Member
hat said:
Does this mean that everything is over finished concerning the house and the foreclosure.
Yes.... for now. See below.

What does "without prejudice" mean.
That means that they have the right to refile their case in the future. This 'right' will remain until the SOL (Statute of Limitations) on the type of claim expires.

would it be safe now for me to accept it without fear of it being involved in any type litigation from the foreclosure.
See above.
 

hat

Junior Member
So how long do I have to worry about them refiling and why would they refile? What would be the reason that they could refile? The house was included in the BK and not reaffirmed and they accepted the deed so if they refiled what would they be seeking? THanks
 

JETX

Senior Member
hat said:
So how long do I have to worry about them refiling
That depends on the cause of action.

and why would they refile?
Because they can???

What would be the reason that they could refile?
I have shaken my 'Fortune telling 8-ball' and will let you know as soon as the answer is visible in the 'window'.
 

hat

Junior Member
I appreciate all the responses to my question but I am so confused. What is the cause of action that one writer wrote about? How often does a refile occur?
 

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