Practice question
A party suffers a with-prejudice dismissal but has an available timely appeal. It proposes filing an identical complaint instead, arguing the phrase subject to appeal means refiling and appealing are interchangeable. Which is correct?
- Review of the dismissal differs from refiling the barred claim
- Appeal and a new identical complaint are always equivalent
- The refiling bar itself grants a new action
- The losing party may choose to ignore the final order
- The word appeal removes all prejudice
Legal references
- Current2019 Rules17 Sections2–3 and15 Section9: https://lawphil.net/courts/rules/am_19-10-20-sc_2019.html
- Rule17 Sections1 and4 and Rule41 Section1 continuing provisions: https://lawphil.net/courts/rules/rc_1-71_civil.html
Answer this question in flashcards to review your response and continue practicing.