Dismissal and Dismissal Without Prejudice


#1

If I file a Dismissal on a Motion that I no longer want heard because of several new situations, am I liable for Attorney fees…should I have filed a Motion for Dismissal Without Prejudice which would have, having been granted, not allowed for Attorney fees to be submitted. At this point, there is no Attorney Fee action at all. Can he file a Motion for Attorney Fees on my Motions (the same ones I am trying to Dismiss) if there has been no trial work done? If I have inadvertedly allowed an Attorney fee motion to be considered, can I file a Motion to Dismiss Without Prejudice the Motion to Dismiss…thanks.
Have a nice Christmas.


#2

Filing a dismissal with or without prejudice does not do anything to impact whether the other party can file a claim for attorney’s fees. If the dismissal is filed with prejudice, it means that the party can never bring those claims/motions again.otion for Most dismissals are taken without prejudice which allows the party to bring the action/motion again at a later time. For instance, if you decide not to move forward on a motion to modify custody at this time, you will want to reserve your right to modify at a later time, and you may want to bring up the same issues that were in your previous motion.

If there is no motion for attorney’s fees currently pending, it is highly unlikely that the other party will file a motion now that the underlying action/motion has been dismissed. If they do, whether fees are granted is still at the discretion of the judge, and I have never seen an award of attorney’s fees when the underlying action/motion was not heard in court. It’s possible that fees would be awarded, but this scenario is highly unlikely.