how can one tell if a case was dismissed without prejudice?

UPDATED: Sep 30, 2022

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how can one tell if a case was dismissed without prejudice?

A builder built a house 15 feet on my property and the lawyer I had was a friend of the builder and I did not know. Well the lawyer did not inform us on the court date that was set and so we did not show up and the case was dismissed. I just want to know if I still have a chance to get my property back.

Asked on December 27, 2016 under Real Estate Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If the case was dismissed without prejudice, that means it can be reinstated and you can proceed with the case and try to recover your property.
If the case was dismissed with prejudice, that means it cannot be reinstated.
If  you know the case number, you can go to the court where the case was filed and ask the court clerk for the file so you can see the status of the case; whether it was dismissed with prejudice or without prejudice.  You can't remove the file from the court, but can look at the file and ask the court clerk  to photocopy the file or sections of the file you want.
If you don't know the case number, you can obtain it from the court's computer by looking up the names of the parties in the plaintiff/defendant index.  After obtaining the case number, give it to the court clerk and ask the court clerk for the file as discussed above.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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