Saturday, January 25, 2014

Can I refile? small claims case filed against a tenant on eve of expiration of statute of limitation was dismissed w/o prejudice. Case was f...

Question

Can I refile?

small claims case filed against a tenant on eve of expiration of statute of limitation was dismissed w/o prejudice. Case was filed in Osceola county, FL. Dismissed without prejudice because Plaintiff failed to appear. Initial statute of limitation is now expired



Answer

If statute ran, then it ran and you cannot refile. Perhaps with more facts a better answer would be possible.



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