Rule 1.01 Purpose, Scope, and Definitions. Only use the term "without prejudice" when commenting upon, communicating or responding to a settlement proposal or offer.A dismissal without prejudice does not stop further action on the same cause. Consider consulting with an attorney who is a member of The Florida Bar. It is YOUR responsibility to select the right forms and to properly complete them. This guide examines the issues that parties to a dispute should consider when seeking to negotiate terms of settlement. If you dismiss with prejudice, you can no longer re-file that suit.