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Missouri Revised Statutes

Mo. Rev. Stat. § 510.150 (2026)

Effect of dismissals, with and without prejudice

✓ current as of May 2026
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  510.150.  Effect of dismissals, with and without prejudice. — A dismissal without prejudice permits the party to bring another action for the same cause, unless the action is otherwise barred.  A dismissal with prejudice operates as an adjudication upon the merits.  Any voluntary dismissal other than one which the party is entitled to take without prejudice, and any involuntary dismissal other than one for lack of jurisdiction or for improper venue shall be with prejudice unless the court in its order for dismissal shall otherwise specify.

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(L. 1943 p. 353 § 101)

Notes of Decisions
Cited in 44 cases (2 in the last 5 years), 1951–2022 · leading case: Wanda Mayes v. Saint Luke's Hosp. of Kansas City, (Consol. with)Wanda Mayes v. Saint Luke's Hosp. of Kansas City, 430 S.W.3d 260 (Mo. 2014).
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Wanda Mayes v. Saint Luke's Hosp. of Kansas City, (Consol. with)Wanda Mayes v. Saint Luke's Hosp. of Kansas City, 430 S.W.3d 260 (Mo. 2014). · cites it 6× “” Section 510.150, RSMo 2000. Section 510.150, RSMo 2000, recognizes that an action dismissed without prejudice otherwise might be barred.”
In re the Est. of Klauber, 59 S.W.3d 512 (Mo. 2001). · cites it 15× “Section 510.150, RSMo. . Rule 67.03. . Section 472.”
State ex rel. Goldsworthy v. Kanatzar, 543 S.W.3d 582 (Mo. 2018). · cites it 2× “banc 2014) (quoting section 510.150). The plaintiffs' third wrongful death action is otherwise barred by the statute of limitations in section 537.”
Hasemeier v. Smith, 361 S.W.2d 697 (Mo. 1962). · cites it 6× “Defendant contends that because the dismissal of the present "cause of action" was without prejudice and because Section 510.150 RSMo 1959 and V.A.M.S. provides that upon a dismissal without prejudice another action may be brought for the same cause, the trial court's dismissal…”
Peet v. Randolph, 103 S.W.3d 872 (Mo. Ct. App. 2003). · cites it 3× “1998); Section 510.150 RSMo.2000. The February judgment dismissing the cause with prejudice is not void for lack of jurisdiction.”
Levee Dist. No. 4 of Dunklin Cnty. v. Small, 281 S.W.2d 614 (Mo. Ct. App. 1955). · cites it 5× “With its motion to set aside the judgment of dismissal, plaintiff also filed on June 1, 1954, a signed stipulation in which “both attorneys for plaintiff and attorneys for defendants' request the court to set aside” the judgment of dismissal and “reinstate the case for the…”
Se-Ma-No Elec. Coop. v. City of Mansfield, 321 S.W.2d 723 (Mo. Ct. App. 1959). · cites it 6× “However, Section 510.150 RSMo 1949, V.A.M.S. (original Section 101 of the Civil Code of Missouri, Laws of 1943, pp.”
State Ex Rel. Wells v. Mayfield, 281 S.W.2d 9 (Mo. 1955). · cites it 4× “But it fairly appears from the record (and the necessary inferences from matters stated and not stated) that in and by the order of March 3, 1952, the circuit court (Judge Harry F. Russell) did, on its own motion and without notice or hearing, reverse its previous rulings, set…”
Wegman v. Fendelman, 333 S.W.2d 290 (Mo. Ct. App. 1960). · cites it 6× “, and Section 510.150, RSMo 1949, V.A.M.S., the court was without jurisdiction to make such an order, and that such an order was improper.”
Ritter v. Aetna Cas. & Sur. Co., 686 S.W.2d 563 (Mo. Ct. App. 1985). · cites it 2× “[A]ny involuntary dismissal other than one for lack of jurisdiction, for prematurity of action, for improper venue or for failure to substitute a party for a decedent shall be with prejudice unless the court in its order for dismissal shall otherwise specify.”
Est. of Ingram v. Rollins, 864 S.W.2d 400 (Mo. Ct. App. 1993). · cites it 3× “” Section 510.150, RSMo 1986, provides that “[a] dismissal without prejudice permits the party to bring another action for the same cause, unless the action is otherwise barred.”
Prop. Exch. & Sales, Inc. v. King, 822 S.W.2d 572 (Mo. Ct. App. 1992). · cites it 2× “*574 Defendants argue that a “dismissal with prejudice operates as an adjudication upon the merits,” citing § 510.150 RSMo 1986. To the extent that it is inconsistent, this section is superseded by Rule 67.”
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