The dismissal can be filed with or without prejudice. If the dismissal is filed with prejudice the litigant cannot sue again on the same cause of action.Rules of Court, rules 3.760 and 3.770.) 1. TO THE CLERK: Please dismiss this action as follows: a. (1). I request that all unserved parties named in my pleading, except fictitiously named parties, be dismissed without prejudice. b. In a criminal law context, "dismissed without prejudice" means that the prosecutor can refile your case at a later date. In sum, a dismissal with prejudice means that a judge's order is the final judgment in the case, and the prosecutor cannot refile charges. Arguably dismissing a divorce "with prejudice" would mean that you could never get divorced no matter what happens in the future. Also, you are serving knowing that some day others might need to serve for you. You can request payment and mileage when you fill out y.