Friday, May 1, 2009

Details of the Dismissal

According to the court document, the dismissal was filed "as to Sharon Rocha only." However, since Judge Beauchesne has dropped the case from his calendar, it appears Dennis Rocha must have filed his own dismissal.

The second detail is that Sharon Rocha filed the dismissal "without prejudice," which means she can refile the suit at a future date.

Within legal civil procedure, prejudice refers to a loss or injury, and refers specifically to a formal determination against a claimed legal right or cause of action. [1] Thus, in a civil case, dismissal without prejudice is a dismissal that allows for re-filing of the case in the future. The present action is dismissed but the possibility remains open that the plantiff may file another suit on the same claim. This directly differs from a dismissal with prejudice, in which the plantiff is barred from filing another case on the same claim. Dismissal with prejudice is a final judgment and the case becomes res judicata on the claims that were or could have been brought in it. Dismissal without prejudice is not. (Wikipedia)

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