Can a Case Dismissed With Prejudice Be Appealed?
Full Question:
Answer:
The answer will depend on all the circumstances involved. I suggest you consult a local attorney who can review all the facts and documents. Some of the factors, among others, include whether a settlement agreement was signed, containing a release of further claims, whether the claim is for contractual or prejudgment interest, and whether the fees and interest were requested in the complaint.
Generally, when a plaintiff files a complaint, the plaintiff must state the relief requested and if not requested in the complaint, it is deemed waived. In some cases, the parties will make an out-of-court settlement or may sign an agreed judgment. The terms of such agreement or judgment will determine whether the winning party releases all rights to future claims or not. Typically, when a settlement is reached before trial, the court must approve the settlement and associated fees before the funds may be disbursed. A dismissal with prejudice means the filiing party may not refile the claim, but does not necessarily prevent a reconsideration of the order by the court. It will depend also on the basis for the motion. If, for example, there was fraud or mistake in the previous proceedings, it may be a reason to review the order.
Please see the following IN statutes to determine applicability:
IC 34-54-6-1 (a) This section applies to every endorsement of payment,....
(a) This section applies to every endorsement of payment, satisfaction,
or release, in whole or in part, that is noted:
(1) on the record or margin of any judgment or decree; or
(2) on an execution or order of sale issued on a judgment and signed by
the:
(A) judgment plaintiff;
(B) judgment plaintiff's attorney of record or attorney in fact; or
(C) assignee of the judgment plaintiff (whose assignment is noted on or
annexed to the record of the judgment or decree and attested by the clerk);
(3) on the record of the judgment or decree; or
(4) by the sheriff upon the execution or order of sale.
(b) An endorsement of payment, satisfaction, or release described in
subsection (a) operates as a satisfaction or release of the judgment or
decree, or of the part of the judgment or decree so endorsed as paid,
satisfied, or released, in favor of subsequent purchasers or lienholders in
good faith.
(c) When the satisfaction, payment, or release is entered by an attorney
in fact, that fact shall be noted on the margin of the record or the
execution.
(d) The power of attorney described in subsection (c) shall be recorded
in the miscellaneous records of the recorder's office.
IN statutes on prejudgment interest:
IC 34-51-4-1 This chapter applies to any civil action arising out of....
This chapter applies to any civil action arising out of tortious conduct.
IC 34-54-6-1 (a) This section applies to every endorsement of payment,....
(a) This section applies to every endorsement of payment, satisfaction,
or release, in whole or in part, that is noted:
(1) on the record or margin of any judgment or decree; or
(2) on an execution or order of sale issued on a judgment and signed by
the:
(A) judgment plaintiff;
(B) judgment plaintiff's attorney of record or attorney in fact; or
(C) assignee of the judgment plaintiff (whose assignment is noted on or
annexed to the record of the judgment or decree and attested by the clerk);
(3) on the record of the judgment or decree; or
(4) by the sheriff upon the execution or order of sale.
(b) An endorsement of payment, satisfaction, or release described in
subsection (a) operates as a satisfaction or release of the judgment or
decree, or of the part of the judgment or decree so endorsed as paid,
satisfied, or released, in favor of subsequent purchasers or lienholders in
good faith.
(c) When the satisfaction, payment, or release is entered by an attorney
in fact, that fact shall be noted on the margin of the record or the
execution.
(d) The power of attorney described in subsection (c) shall be recorded
in the miscellaneous records of the recorder's office.
IC 34-51-4-8 (a) If the court awards prejudgment interest, the court
shall....
(a) If the court awards prejudgment interest, the court shall determine
the period during which prejudgment interest accrues. However, the period
may not exceed forty-eight (48) months. Prejudgment interest begins to
accrue on the latest of the following dates:
(1) Fifteen (15) months after the cause of action accrued.
(2) Six (6) months after the claim is filed in the court if IC 34-18-8
and IC 34-18-9 do not apply.
(3) One hundred eighty (180) days after a medical review panel is formed
to review the claim under IC 34-18-10 (or IC 27-12-10 before its repeal).
(b) The court shall exclude from the period in which prejudgment interest
accrues any period of delay that the court determines is caused by the
party petitioning for prejudgment interest.
