2 remedies of plaintiff if complaint is dismissed
If the defendant succeeds in praying that the court dismiss the case under Rule 16, the plaintiff is not left without remedy. He is given two options by the Rules of Court.
[1] APPEAL the order granting the motion; or
[2] REFILE the complaint.
However, the plaintiff cannot refile the complaint if the dismissal in on any of the following grounds:
[1] that the cause of action is barred by prior judgment;
[2] that the cause of action is barred by the statute of limitations;
[3] that the claim or demand has been paid, waived, abandoned or otherwise extinguished; or
[4] that the claim is unenforceable under the statute of frauds. (Rule 16, Sec. 5)
[1] APPEAL the order granting the motion; or
[2] REFILE the complaint.
However, the plaintiff cannot refile the complaint if the dismissal in on any of the following grounds:
[1] that the cause of action is barred by prior judgment;
[2] that the cause of action is barred by the statute of limitations;
[3] that the claim or demand has been paid, waived, abandoned or otherwise extinguished; or
[4] that the claim is unenforceable under the statute of frauds. (Rule 16, Sec. 5)