Legal Question in Criminal Law in Florida

Same issue being sued twice

Can you be sued for the same legal complaint twice if it was thrown out once already in your favor.


Asked on 7/25/07, 6:05 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Same issue being sued twice

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the case was dismissed on a technicality, then a new suit can be filed and often is. In fact, in actual trial practice, many motions to dismiss are granted by judges with leave to amend.

If the case was tried and a decision was reached by a court, the losing party cannot sue again. He or she can request a rehearing or appeal the court's decision, but after that, there are no other options.

Scott R. Jay, Esq.

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Answered on 7/25/07, 10:49 pm


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