OCGA § 9-11-41 allows the court to dismiss the action and restrict the dismissal to one without prejudice. ) Civil Action No: ).A case that is dismissed "without prejudice" is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges. Generally, a dismissal without prejudice has the same effect as if the party did not file. A dismissal under this subsection is without prejudice, except that the filing of a second notice of dismissal operates as an adjudication upon the merits. Dismissal with prejudice means a plaintiff can't refile the same claim again in that court. It is basically the death penalty for a lawsuit. We've prepared a downloadable template motion to dismiss less than all parties. This serves as a basemotion to drop party defendant sample for Georgia cases.