how can one tell if a case was dismissed without prejudice?

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how can one tell if a case was dismissed without prejudice?

A builder built a house 15 feet on my property and the lawyer I had was a friend of the builder and I did not know. Well the lawyer did not inform us on the court date that was set and so we did not show up and the case was dismissed. I just want to know if I still have a chance to get my property back.

Asked on December 27, 2016 under Real Estate Law, Texas

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If the case was dismissed without prejudice, that means it can be reinstated and you can proceed with the case and try to recover your property.
If the case was dismissed with prejudice, that means it cannot be reinstated.
If  you know the case number, you can go to the court where the case was filed and ask the court clerk for the file so you can see the status of the case; whether it was dismissed with prejudice or without prejudice.  You can't remove the file from the court, but can look at the file and ask the court clerk  to photocopy the file or sections of the file you want.
If you don't know the case number, you can obtain it from the court's computer by looking up the names of the parties in the plaintiff/defendant index.  After obtaining the case number, give it to the court clerk and ask the court clerk for the file as discussed above.


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