Re: question re: dismiss with prejudice

Posted by Prune Man (65.161.188.11) on January 19, 2004 at 09:53:06:

In Reply to: question re: dismiss with prejudice posted by InTheSnow on January 18, 2004 at 16:54:23:

Somehow your statement doesn't seem correct.

The motion to "Dismiss with Prejudice" needs to be entered by the Defendant. Let me explain a couple things I've learned:
1. An insurance Co. Sued your husband. They are the Plaintiff - He is the Defendant.
2. If your husband did not answer the original summons, or the answer was vague, the Plaintiff's lawyer would generally enter a motion for "Summary Judgement". This would mean that a judge might look at it and find your husband guilty without a trial. Most courts would still allow your husband to appeal this decision within a cetain time period.
3. If the case in your husband's favor, the defendant, is solid, his lawyer may ask for a Dismissal, or a Dismissal with Prejudice. The Prejudice part just means that if granted, the court viewed the lawsuit as frivolous, and that the Plaintiff cannot try to sue again for the same civil matter.

A Plaintiff can drop the suit, and the matter will be dismissed but there is no reason that a Plaintiff would ever wish that a case be dismissed with Prejudice.

Very important!:
You say that a motion was entered. This does not mean that it was granted by the court. You need to ask the court for the case file and review it thoroughly.

Did your husband answer the original summons?
Did your husband go to court?
If he went to court, what did the judge tell him?
If he had a lawyer, what did the lawyer tell him?

Your husband must collect a bill of sale for the car, or a court record from the divorce showing that the car is the property of the ex wife and no longer belonged to him when the accident occurred to be cleared from this responsibility.

I hope this helps out. Good Luck!

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