Rule 1.946.Effect of dismissal
Division IX: Trial and Judgment · Last amended February 15, 2002 · Last verified July 15, 2026
Full Text of Rule 1.946
Plain-English Summary
Not every dismissal ends a case the same way. Some just clear the docket, leaving the plaintiff free to sue again; others carry the same weight as a loss after a full trial. Rule 1.946 sets the default for that second kind: any dismissal that is not a voluntary dismissal under Rule 1.943, and that is not based on lack of jurisdiction or improper venue, operates as an adjudication on the merits unless the dismissal order specifies otherwise.
That matters most when a plaintiff tries to bring the same claim again. If the earlier dismissal counted as a decision on the merits, the claim is generally over for good — the plaintiff cannot start over in a new filing. Dismissals for a jurisdictional or venue problem are treated differently, since those problems say nothing about who should win the underlying dispute; refiling in the right court or county remains an option. A court can also soften the rule's default outcome by stating in its own dismissal order that the dismissal is without prejudice to a later suit.
Frequently Asked Questions
Does every dismissal of my case count against me if I try to refile?
Not always, but often. Under Rule 1.946, a dismissal that is not a voluntary dismissal under Rule 1.943 and is not based on lack of jurisdiction or improper venue is treated as a decision on the merits unless the dismissal order says otherwise, which generally bars refiling the same claim.
What if I voluntarily dismiss my own case?
Voluntary dismissals are governed separately by Rule 1.943 and fall outside Rule 1.946's default rule about adjudications on the merits.
Does a dismissal for lack of jurisdiction bar me from suing again in the right court?
No. Rule 1.946 carves out dismissals for want of jurisdiction or improper venue, since those dismissals do not decide the merits of the claim.
Can a judge dismiss my case without prejudice even though Rule 1.946 would otherwise treat it as final?
Yes. Rule 1.946 lets the court's dismissal order specify a different result than the default merits-based outcome.
What does it mean for a dismissal to operate as an “adjudication on the merits”?
It means the dismissal has the same preclusive effect as a judgment reached after a full hearing on the facts, so the same claim generally cannot be relitigated against the same party.