Posted by Nydia Streets of Streets Law in Florida Family Law Procedure

What does dismissal without prejudice mean in a Florida family law case? This refers to the right of a litigant to re-file a case. For example, if a motion to dismiss is granted “without prejudice” it means the person who filed the dismissed petition can re-file it in the future. This may be appropriate where, for example, a petition is defective and needs to be corrected before the court can move forward on the petition. This was an issue in the case Pacin v. Granja, 3D23-2295 (Fla. 3d DCA September 18, 2024).

The father filed a petition to modify his support obligations. The mother moved to dismiss, alleging the father failed to plead sufficient facts for relief and that he had unclean hands that barred him from relief. The court granted the motion to dismiss without prejudice, allowing the father 20 days to file an amended petition. The father appealed.

The appellate court dismissed the appeal, holding “While the trial court addressed the bases upon which Mother’s dismissal motion was premised, the record is clear that the trial court contemplated Father filing an amended pleading rather than a new case. The challenged order, therefore, constitutes a non-final, non-appealable order. Obermark v. Obermark, 48. Fla. L. Weekly D 1891, 2023 WL 6165646, at *1 (Fla. 5th DCA Sept. 22, 2023). Without expressing any opinion as to whether the trial court erred in entering the challenged order, we dismiss the appeal for lack of jurisdiction.”

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