North v. Department of Mental Health

We are asked to determine in this case whether the trial court properly determined that the no-progress dismissal and the subsequent denial of plaintiffs motion to reinstate operated to dismiss plaintiffs case with prejudice, thus barring any refiling of the claim. We hold that it did not, and reverse the decision of the Court of Appeals which affirmed the trial court’s judgment.

An administrative decision to dismiss a case for lack of progress does not operate as an adjudication on the merits. However, where a hearing, and individualized consideration is given to the party against whom…