Dismissal with prejudice means that the plaintiff cannot refile the same claim again in that court. A dismissal with prejudice is treated as if the court heard the case "on the merits", which would potentially vest right to appeal.Dismissal with prejudice is a final judgment. A case dismissed without prejudice means it's not dismissed forever. But "with prejudice" means the original cause of action has been adjudged void, which means suit can no longer be filed on that cause of action. Dismissal without Prejudice: In consideration of the settlement entered pursuant to this. A case can be dismissed "with prejudice" or "without prejudice. (holding that trial courts have discretion to dismiss without prejudice). You must fill out the Application for a Pro Se Summons form and submit it to the clerk in the county where you are suing, along with payment of the court fee.