Global Digital Solutions Inc (GDSI)

[Coreton]

Without prejudice as defined.

“The inclusion of the term without prejudice in a judgment of dismissal ordinarily indicates the absence of a decision on the merits and leaves the parties free to litigate the matter in a subsequent action, as though the dismissed action had not been started..”


a decision that is “ABSENCE OF A DECISION ON THE MERITS……”

In layman’s terms it is a decision (ruling) made not withstanding (considering) the merits (Facts)

The MTD and subsequent “dismissal without prejudice” is also made to be completely irrelevant to the case going forward once the amended complaint is filed. “…AS THOUGH THE DISMISSED ACTION HAD NOT BEEN STARTED…”

This is not some special consideration the judge gave GDSI. It is purely procedural in nature and generally an effort to assure that everyone has their is dotted and Ts crossed.

IMHO. The judge didn’t like the way something was stated in the original complaint or found something missing he felt was germane.