Practice question
An order expressly dismisses a complaint without prejudice because of a curable procedural defect. The plaintiff later refiles in a proper forum after the applicable limitation period has independently expired, with no tolling or other saving basis. It claims the old phrase guarantees timeliness forever. Which is best?
- Without prejudice permanently abolishes all limitations
- The earlier order automatically creates a new substantive claim
- Every curable defect suspends prescription indefinitely
- Without prejudice does not itself eliminate an independently established limitations bar
- The defendant must waive every new defense
Legal references
- Rule17 Sections1–2; Rule9 Section1: https://lawphil.net/courts/rules/rc_1-71_civil.html
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