Ortega v. Transamerica Insurance

A dismissal of this appeal on jurisdictional grounds deprives plaintiffs of any claim for workmen’s compensation or occupational disease benefits. The dismissal of plaintiffs’ claim “without prejudice” in the trial court means without prejudice to the right to bring another suit as if no suit had been brought. Palmer v. Rucker, 289 Ala. 496, 268 So.2d 773 (1972); Chambreau v. Coughlan, 263 Cal.App.2d 712, 69 Cal.Rptr. 783 (1968). A dismissal without prejudice leaves the parties as if no action had been instituted. Taylor v. Slater, 21 R.I. 104, 41 A. 1001 (1898).

McCuistion v. McCuistion, 73…