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Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.
North Carolina Rule of Civil Procedure 41(a) permits a plaintiff to voluntarily dismiss its claims without prejudice any time before resting its case.
A case dismissed with prejudice is over and done with, once and for all, and cant be brought back to court. A case dismissed without prejudice means the opposite. Its not dismissed forever. The person whose case it is can try again.
Voluntary dismissal is termination of a lawsuit by voluntary request of the plaintiff (the party who originally filed the lawsuit).
NOTICE OF VOLUNTARY DISMISSAL (11/15) When should this form be used? If you are the petitioner in a case and you wish to discontinue (dismiss) the case, you may use this form to request that the court dismiss your petition.
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This period is typically between three to six years but varies based on the state you live in, as well as the nature of the offense. Essentially it is a time limit for cases to be filed. Cases that are not filed before this time will expire and be considered time-barred. At this point, the case cannot be re-filed.
In addition, an order dismissing a complaint that states it is without prejudice to filing a separate lawsuit is also a final appealable order. But if a dismissal order is entered without prejudice and amendment can be effected without filing a new lawsuit, the order may not be final.
Florida Rule of Civil Procedure 1.070 (j) states that a complaint must be served upon the defendant within 120 days after the complaint is filed. If it is not served within this time frame, a motion to dismiss is appropriate and the case is dismissed without prejudice.
Dismiss refers to the courts decision to terminate a court case without imposing liability on the defendant. The court may dismiss a case in response to a defendants motion to dismiss or do so sua sponte (voluntarily).
[4] A voluntary dismissal ends an action without prejudice, meaning that the action may be refiled at any time within the applicable statute of limitations.

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