Legal Question in Civil Litigation in Florida

What to do after a dismissal?

Our case was dismissed in court, and then muted. We are the plaintiffs, what are our choices at this time with this lawsuit? It is without prejudice, but dismissed, and we are being told it is mute.

If it is mute then we cannot file anything anymore, is this correct?

If it is mute then would this mean it is final to file an appeal?

Is there anything else we can do to change this decision before an appeal?

How do we get a final judgement if it is final from the court to proceed to the appeal?


Asked on 1/18/09, 1:56 pm

1 Answer from Attorneys

Angelo Marino Angelo Marino Jr. PA

Re: What to do after a dismissal?

You mean moot, not muted.

If your complaint was dismissed because it failed to state a cause of action, just ask the court for additional time to amend the complaint. If it case was dismissed w/o prejudice, you can refile it as long as the statute of limitations has not run.

Best thing is to consult a lawyer. You will need to supply the attorney all the paper work so that he or she can assit you. Most attorneys can look at the paper work and tell you what you need to do in an hour or less. Pay for the time.

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Answered on 1/18/09, 3:12 pm


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