Posted by Nydia Streets of Streets Law in Florida Family Law Procedure
What does it mean when a case is dismissed with prejudice in a Florida family law proceeding? This means the matter that is dismissed cannot be refiled and is forever barred. If a case is dismissed without prejudice, it means the matter can be re-filed at a later date and/or when circumstances change. Dismissal with prejudice is usually a drastic measure and is used only under stringent standards. This was an issue in the case Cabrera v. Miranda, 3D24-1993 (Fla. 3d DCA April 30, 2025).
The former wife filed a complaint for declaratory relief, seeking to invalidate a marital settlement agreement. The former husband moved to dismiss the complaint on the grounds that the agreement was being actively litigated in two pending cases, and that the former wife should have brought her claim in those cases. He accused her of forum shopping and attempting to avoid the deadlines imposed by Fla. R. Fam. L. P. 12.540. The trial court dismissed the former wife’s complaint with prejudice and she appealed.
The appellate court held “After conducting a hearing on Former Husband’s dismissal motion, for which we have no transcript, the trial court entered the challenged order dismissing Former Wife’s lawsuit with prejudice. We affirm the challenged order but remand to the trial court to enter an amended order clarifying that its order is without prejudice to Former Wife timely asserting her claims related to the parties’ MSA in the actions pending in the civil division of the circuit court.”
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