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. Below is a list of sample letters and pleadings for litigating personal injury cases in the State of Georgia.The 'without prejudice' rule generally prevents statements made in a genuine attempt to settle an existing dispute from being put before the court. A case that is dismissed "without prejudice" is only dismissed temporarily. This temporary dismissal means that the plaintiff is allowed to re-file charges. An example of a without prejudice save as to costs settlement offer letter from a claimant (with drafting notes), also known as a claimant's Calderbank offer. Without prejudice in case the settlement agree- ment was not consummated. You can use the statute of limitations as an affirmative defense in your case to get it dismissed without prejudice. An example of a without prejudice save as to costs settlement offer letter from a claimant (with drafting notes), also known as a claimant's Calderbank offer. This May 2, 2017 letter did not reference Schwindler's lawsuit or purport to be a settlement agreement.