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  1. #1
    Join Date
    May 2014
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    3

    Default Can You File a Nonsuit With Prejudice After Settling a Case

    Hello,

    This is my first post:-)

    I have a procedural question; below is a rundown of the facts first:

    Plaintiff sued Defendant.
    Defendant counterclaimed.
    Plaintiff filed a Nonsuit w/o prejudice.
    Defendant moved to realign the parties (now Plaintiff).
    Parties agreed to settle.

    Can the parties now file a Joint Motion for Nonsuit WITH Prejudice that will bar both parties from refiling. My fear is that since the original Plaintiff filed a Nonsuit W/O Prejudice already they are placed in a position as if they never filed rendering the later joint nonsuit ineffective as to them. In other words, the original Plaintiff would be able to refile their lawsuit and the original Defendant would not. My goal is that both parties will be barred fro refiling.

    Any input would be great! Thank you in advince

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Notice of Nonsuit with Prejudiced Filed After Notice of Nonsuit Without Prejudice

    What state are you in and what court is this suit being brought in? The rules differ by state and also between state and federal.

  3. #3
    Join Date
    May 2014
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    3

    Default Re: Notice of Nonsuit with Prejudiced Filed After Notice of Nonsuit Without Prejudice

    A Texas district court case. Thanks!

    - - - Updated - - -

    Here is another bit of information:

    The original Plaintiffs filed a "Notice of Nonsuit" without a proposed order. So, the Court never signed an order nonsuiting their claims. But, a party still has a right to non-suit regardless, but I think this fact is helpful.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Notice of Nonsuit with Prejudiced Filed After Notice of Nonsuit Without Prejudice

    This is why amateurs shouldn't do this stuff without a lawyer.

    Settlements are enforceable.

    Get the settlement in writing.

    At the same time the parties can execute a joint Stipulation for Dismissal with Prejudice and file it with the court.

    The thing is, nothing really "prevents" either party from filing papers at a later date. You'll still have to go to court to quash it no matter what papers you file. It doesn't automatically stop somebody at the door.

  5. #5
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Notice of Nonsuit with Prejudiced Filed After Notice of Nonsuit Without Prejudice

    And really, it depends on the subject matter.

    Family law would be an example. If a custody motion is tossed, the court really can't legally prevent either parent from filing a new custody petition.

    Example:

    Billy doesn't like the day-care center that Mom, Jilly, has chosen for Little Willy.

    At the hearing the court rules in favor of Mom, and Little Willy goes to Mom's chosen daycare.

    The court cannot preemptively bar either parent from filing again.

    Or, I could have just said "what adjuster jack said"


  6. #6
    Join Date
    May 2014
    Posts
    3

    Default Re: Notice of Nonsuit with Prejudiced Filed After Notice of Nonsuit Without Prejudice

    We do have a Rule 11 Settlement Agreement on file outlining the terms of the settlement, so perhaps we are good. I just want to make sure we will have the ammunition we need to quash a second suit with the same claims down the road. Technically, the original plaintiff's nonsuit w/o prejudice was effective upon filing, so a subsequent nonsuit w/ prejudice in the case may have no effect on their right to file another suit--assuming no issues with the SOL. It seems the best way to handle it is to follow adjusterjack's advice.

    Thanks all!

  7. #7
    Join Date
    May 2014
    Posts
    3

    Default Re: Can You File a Nonsuit With Prejudice After Settling a Case

    In Texas, unless defendants raised claims for affirmative relief prior to nonsuit, a Plaintiff's right to nonsuit is ABSOLUTE.

    Plaintiff's nonsuit without prejudice was effective IMMEDIATELY upon filing the motion.
    The case is OVER. There is no going back or withdrawing the motion.
    Plaintiff is free to refile a new suit, unless the claims are now time barred.

    http://www.texas-opinions.com/law-nonsuit.html

    At this point, parties agreeing to file a "Joint Stipulation for Dismissal" of that suit in court would be MOOT. There is no longer a pending case to dismiss.

    Though parties may contractually agree to whatever they wish, outside of the prior lawsuit.

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