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Good morning. You can likely take a voluntarily dismissal and withdraw the case, refiling it again, before the statute of limitation expires. It is not uncommon for an attorney to file a motion to dismiss WITH prejudice and if anything, the Judge may dismiss it, WITHOUT prejudice or allow you to amend the complaint
, if you wanted to, to correct whatever the problem/issues are. A plaintiff is not forced to proceed, so if you wanted to, you could dismiss your complaint without prejudice and would need to file the appropriate motion with the court.
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