Can you imagine a situation where you would rather have your client’s case dismissed with prejudice than without? Presumably, your immediate reaction would be: never. But in the mortgage-foreclosure context, a recent Third District Court of Appeal decision has changed the impact of this distinction drastically.
For the vast majority of plaintiffs, a dismissal with prejudice is the worst possible outcome. It means the court has decided the case against you, on the merits, and you will most likely never be able to bring that suit again. By contrast, a dismissal without prejudice is not an adjudication on the merits, and it likely means the plaintiff will live to fight another day and bring the claim again.
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