Navigating the legal system can be challenging, especially when faced with unfamiliar legal terms that can carry significant consequences. One such phrase that often causes confusion is “Dismissal for Want of Prosecution.” Although it might sound technical or harmless, this term can drastically affect your case if not understood properly.
What Is a Dismissal for Want of Prosecution?
A Dismissal for Want of Prosecution occurs when the court closes a case because the party who initiated it—the plaintiff—has failed to take the necessary steps to keep it moving forward. In civil litigation, courts expect both sides to be active and responsive. If the plaintiff fails to act for an extended period, the judge may decide to dismiss the case.
This typically happens in civil matters such as:
Contract disputes
Property claims
Personal injury suits
Debt collection or small claims cases
This type of dismissal is the court's way of saying that the case has gone stale due to inaction, and it's time to clear the docket unless the plaintiff takes further steps.
Common Reasons for This Type of Dismissal
Courts strive for timely and efficient case resolution. When plaintiffs delay without valid justification, it disrupts the process and wastes court resources. As a result, judges have the authority to dismiss inactive cases.
Here are some common triggers for a Dismissal for Want of Prosecution:
Extended periods of inactivity
Failure to serve the defendant with the complaint
Missing scheduled court appearances
Not responding to motions or court notices
Failure to file required legal documents
Often, before issuing a dismissal, the court may give notice or a warning, allowing the plaintiff a final opportunity to resume the case. If they fail to act within the given time, dismissal usually follows.
What Happens After the Case Is Dismissed?
Once a case is dismissed for want of prosecution, it is removed from the court’s docket. However, this doesn't always mean the lawsuit is permanently over. The effect of the dismissal depends on how it was issued:
Dismissal without prejudice: This allows the plaintiff to refile the case later if they choose, provided the statute of limitations has not expired.
Dismissal with prejudice: This means the case is permanently closed, and the plaintiff cannot bring the same claim against the defendant again.
If you are the plaintiff and your case was dismissed without prejudice, you may also have the option to file a motion to reinstate. This motion explains why the case was inactive and asks the court to reopen it. However, this must usually be done within a limited timeframe.
Is a Dismissal for Want of Prosecution Good or Bad?
This type of dismissal can be either beneficial or harmful, depending on your role in the lawsuit:
If You’re the Defendant:
A dismissal is generally favorable. It means the court has closed the case against you, potentially sparing you from litigation. If it’s dismissed with prejudice, the plaintiff cannot refile, offering a more permanent resolution.
If You’re the Plaintiff:
This outcome is typically a disadvantage. It means the court believes you've failed to follow through, and your case is being dropped as a result. If you intend to continue pursuing the matter, you’ll have to refile or ask the court to reinstate the case—both of which require more time, effort, and often additional court fees.
Still, a dismissal without prejudice is not necessarily final and can often be corrected if you act promptly and have a valid reason for the delay.
What to Do If Your Case Was Dismissed
If your case has been dismissed for want of prosecution, don’t assume it’s the end. There may still be a path forward—but it’s crucial to act quickly and correctly. Here’s what to do:
1. Review the Dismissal Notice
Check whether the case was dismissed with or without prejudice. This will tell you if you’re allowed to refile or seek reinstatement.
2. Consult with a Legal Professional
This is the point where involving an attorney becomes essential. A lawyer can review your case, explain your options, and help you determine the best course of action, especially if you’re hoping to get the case reinstated.
3. File a Motion to Reinstate (if eligible)
If your case qualifies, your attorney may file a motion to reinstate. This motion must detail why the case was inactive and show that you’re now ready to proceed. The court may consider reinstatement if the reasons are reasonable and not due to intentional delay.
4. Be Prompt
Courts usually impose strict time limits for filing motions to reinstate or refile cases. Missing those deadlines could make the dismissal final.
Can a Dismissal for Want of Prosecution Affect Future Lawsuits?
One dismissal won’t necessarily prevent you from pursuing other legal actions, but it can have consequences:
Reputation with the Court: Judges may be less sympathetic if you repeatedly have cases dismissed for inaction.
Legal limitations: If your case was dismissed with prejudice, you're permanently barred from raising the same legal claim.
Time limits: Even if your case was dismissed without prejudice, you still must refile before the statute of limitations expires.
These risks highlight the importance of staying on top of deadlines and maintaining communication with the court throughout the life of your case.
Do You Need a Lawyer?
If your case has been dismissed or you’re worried it might be, working with an attorney is highly recommended. Legal professionals understand the deadlines, procedures, and filing requirements necessary to keep a case moving forward.
An attorney can help you:
Evaluate the reason for the dismissal
Draft and file a motion to reinstate
Advise on whether refiling is a better option
Prevent further procedural errors
Represent your interests in court if the case resumes
Whether you are the plaintiff trying to recover your case or a defendant responding to a dismissal, legal guidance can be the difference between a favorable outcome and a missed opportunity.
How Doane & Doane Can Help
At Doane & Doane, P.A., based in Palm Beach Gardens, Florida, we understand how frustrating it can be to have your case dismissed for procedural reasons. Our legal team has extensive experience in civil litigation, including handling cases dismissed for want of prosecution.
If your case has been dismissed, we can:
Help you determine why it was dismissed
Evaluate whether it can be reinstated
File motions and navigate court rules on your behalf
Advise you on refiling or alternative legal solutions
Our mission is to help you regain control of your case and pursue the justice you deserve.
Reach Out Today
A Dismissal for Want of Prosecution doesn’t have to be the end of your legal journey. If your case was dismissed or you’ve received a warning from the court, now is the time to act.
Contact Doane & Doane, P.A. today to schedule a consultation. We’ll review your situation, explain your rights, and help you take the necessary steps to keep your case moving forward.
With the right legal support, you can overcome setbacks and pursue the outcome you’re seeking
