RE: Cpx ...23 Aug 2019 00:36
Example of voluntary dismissal with prejudice:
Maggie moved out of her rented apartment five months ago, but her landlord has refused to return her security deposit with no explanation. Maggie filed a lawsuit in small claims court requesting a refund of her $1,500 security deposit, plus an additional $1,500, as her state allows tenants to collect double the amount of the deposit when the landlord fails to refund the deposit and provide a statement of any amount retained within 30 days.
A few days before the hearing, Maggie receives a check from the landlord for the full amount of her deposit. Maggie may choose to go ahead with the hearing, with the goal of being awarded the additional $1,500, or she may choose to dismiss the case with prejudice, giving up her right to claim it in the future.
It is not uncommon for parties to a civil lawsuit to engage in settlement negotiations right up to the end. If an agreement is reached, the plaintiff is expected to file a motion to dismiss with prejudice, which prevents him from re-filing the claim if he later changes his mind. Once a motion to dismiss has been granted by the judge, the lawsuit ends immediately.
is CPX Maggie ?.....we'll see ...