Legal Question in Appeals and Writs in Alaska
how do I appeal a judgement of dismissed with predudice?
I mistakenly dismissed a case by dismissing it with predudice. I did not know waht it meant at the time and now I am appealing the judgement. Is there any case law that would favor a reversal to simply state the case was dismissed without predudice?
1 Answer from Attorneys
Re: how do I appeal a judgement of dismissed with predudice?
You might consider going back to the lower court judge with a motion to vacate the dismissal w/prejudice and enter one without prejudice. Or call it a motion to correct a clerical error, etc. This might work, as it is very difficult to appeal this now since you did not ask the lower court to correct your mistake. You are probably not able to appeal your mistake, you can appeal a judge's refusal to allow you to correct it. If your request is denied, that judicial decision is appealable. So consider asking for the change first to create an appealable issue. (I am assuming the other party would not agree to stipulate that the dismissal was without prejudice, since if they did that, and you filed it, you might then be safe.) I also think you will have to have a good reason for dropping the suit - even if without prejudice, someone will ask why you changed your mind.
Your state's law might be different, so I would check it out. Good luck.
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