§ 913.Dismissal With Prejudice to Right to File Another Appeal, Exception
Title 13. Appeals In Civil Actions · Chapter 1. Appeals in General · Enacted 1968 · no amendments on record · Last verified July 28, 2026
Full Text of § 913
Plain-English Summary
A dismissed appeal usually closes the door on trying again, and this section spells out the default rule. When an appeal is dismissed, that dismissal carries prejudice to filing another appeal within the time that was permitted for the original one — the appellant generally doesn't get a second chance to appeal the same ruling once the first appeal is dismissed.
The statute builds in one escape hatch: a court can expressly make the dismissal without prejudice to another appeal. Absent that express language, though, the default rule controls, which makes it worth paying close attention to exactly how any dismissal is worded.
Frequently Asked Questions
What happens if my appeal gets dismissed — can I just file another one?
Generally no. Section 913 makes a dismissal carry prejudice to filing another appeal within the originally permitted time, unless the court expressly states the dismissal is without prejudice.
Is there any way to avoid the prejudice that normally attaches to a dismissed appeal?
Yes, if the dismissal is expressly made without prejudice to another appeal, the default bar doesn't apply.
Amendment History
Added by Stats. 1968, Ch. 385.