I'm sure you can, but why would you want to? The dismissal means you no longer have to worry about the suit, and they may or may not re-file later. In the meantime, the statute of limitations continues to run in your favor, and it is likely that the Plaintiff's reasons for dismissing will still be there.
The Plaintiff has the right to dismiss the case, and it will be without prejudice as a matter of law. The only way you can get it dismissed with prejudice is to file a motion for summary judgment, or try the case, and have the court rule in your favor.
Stephen F WallaceFederal Crime LawyerHigh Point, NC ·
I always object to a dismissal that another could refile on my client again. In NC, you have one year to refile on a voluntary dismissal without prejudice. So, you want ot show factors of abuse, harrassment or embarasment from the initial suit to show the judge that it should never be brought back. Please contact a local attorney to help you with this as I am not licensed in you jurisdiction and these are only observations. Best of luck!
If you had filed a cross-complaint against the person suing you they would normally need leave of court and your agreement to the dismissal. If you were planning on filing one, you can still file the action against the opposing party but it will be a new action and will have to meet with the filing requirements, including applicable statutes of limitation. This may be something the court would want to know about before granting any dismissal and as the second answer to your question indicates, you may have other grounds to object. If you're willing to agree to dismiss any cross-complaint or refrain from filing one, you'll have more leverage to try and get the dismissal changed from one without prejudice to one with prejudice.
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