Does dismissal with prejudice preclude the plaintiff from commencing another action on the same ground based on new allegations?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does dismissal with prejudice preclude the plaintiff from commencing another action on the same ground based on new allegations?
If a divorce is dismissed with prejudice, does that preclude the plaintiff from commencing another divorce action on the same grounds (in my case, abandonment) even if the allegations are different? In my first case the ground of abandonment was supported by allegations of abandonment by lockout; in the second action, the allegations supporting abandonment were refusal to engage in sexual relations (constructive abandonment).
Asked on May 7, 2012 under Family Law, New York
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
"With prejudice" means that you can not bring the same matter before the court again. If the claim is different then you can bring a different claim before the court. But I would really let someone read the paperwork here before you start another proceeding. You want to make sure that it will fly or the court will start to get annoyed with you. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.