The Short Answer

In Florida, a dismissal with prejudice generally means your partition case is over for good in that court as to the same claim—you typically cannot refile the same partition lawsuit based on the same facts. It is treated like a final outcome, which can have long-term consequences for your property rights and leverage in any related probate or co-owner dispute.

What Florida Law Says

Partition is the legal process used to force co-owned property to be divided (or sold and the proceeds divided) when owners cannot agree. Florida’s partition statutes require the court to determine each party’s rights and interests and then order partition if the parties are entitled to it. If the court dismisses the case with prejudice, it usually means the court is not allowing that same partition claim to be brought again—often because of a legal defect that cannot be cured, a prior binding ruling, or a failure that the court treats as final.

The Statute

The primary law governing partition actions is Fla. Stat. ch. 64 (Partition), including Fla. Stat. § 64.051.

Section 64.051 provides that the court must adjudge the parties’ rights and interests and order partition if it appears the parties are entitled to it—meaning partition is a rights-driven remedy, and a dismissal with prejudice can effectively shut the door on using this remedy again for the same dispute.

If your partition issue arises in an estate context (for example, multiple beneficiaries inheriting undivided interests), Florida probate law also allows partition to be requested before the estate closes under Fla. Stat. § 733.814.

Why You Should Speak with an Attorney

While the statutes explain what partition is and when it may be ordered, a dismissal with prejudice can create serious, case-ending consequences that are hard to undo. Legal outcomes often depend on:

• Strict Deadlines: A “with prejudice” dismissal is commonly treated as final, which can trigger short deadlines to seek rehearing or appeal under court rules—missing them can make the result permanent.
• Burden of Proof: Partition requires proving ownership interests and the right to partition; if the court found your pleadings or evidence legally insufficient, it may have ended the case rather than allowing another attempt.
• Exceptions and Bars: Prior judgments, probate orders, deed restrictions, or statutory limits can block partition in certain situations (and a “with prejudice” dismissal may signal the court believes one of these bars applies).

Because a with-prejudice dismissal can affect your ability to force a sale, negotiate a buyout, or resolve an inherited-property dispute, it is worth having a Florida attorney review the dismissal order and the case history before you assume you have no options. For more background, you may also want to read Can I Set Aside or Modify a Prior Partition Judgment in Florida?.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.