Action in form of a judgment taken against a plaintiff who has failed to appear to prosecute his action or failed to prove his case,
A nonsuit is generally "without prejudice," and the phrase most often used is "nonsuit without prejudice." The nonsuit is usually initiated by the complaining party (plaintiff) and stops all legal action and removed the cause from the courts docket. In many states the nonsuit action is an absolute right of the plaintiff, up to a certain point in a legal action or cause. Nonsuits are most often filed when the plaintiff feels he may lose his case, and he wants to preserve his right to bring the cause again, perhaps under more favorable circumstances. A judge can also impose a nonsuit if the court determines the suit is improperly brought. A companion term to nonsuit is a "dismissal", usually combined with the term "with prejudice." A "dismissal with prejudice" also stops all legal action associated with the cause, but the cause may not be brought again. The terms "nonsuit" and "dismissal" are often considered equivalent terms, but the common legal usage is "nonsuit without prejudice," dismissal with prejudice." The former allowing the cause to be brought again, and the latter barring the cause from being brought again.
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A Notice of Nonsuit is the termination of a legal action. An example of this type of notice would be if a plaintiff fails to pursue or abandons the suit; a judgment would be granted against the plaintiff in this case. In a nonsuit case ruling, there is a dismissal of the case. It can be done with or without prejudice. If done with prejudice, it means the case cannot be refiled. If done without prejudice, it can be refiled later on. In Texas, there is a form that is filled out and submitted to the court.
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