Background
Appellants Eugene Harris, II, Tenekia L. Harris, and Arthur of the Family Wittenberg Trustee appealed a district court order dismissing their civil complaint with prejudice for lack of subject matter jurisdiction. The case originated in the United States District Court for the Eastern District of Virginia.
The court’s reasoning
The court reviewed the record and found no reversible error regarding the lack of subject matter jurisdiction. However, citing S. Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC, the court concluded that a dismissal based on a defect in subject matter jurisdiction must be without prejudice. The court reasoned that a court lacking jurisdiction has no power to adjudicate and dispose of a claim on the merits.
a dismissal based on a defect in subject matter jurisdiction . . . must be one without prejudice, because a court that lacks jurisdiction has no power to adjudicate and dispose of a claim on the merits
S. Walk at Broadlands Homeowner’s Ass’n, Inc. v. OpenBand at Broadlands, LLC, 713 F.3d 175, 185 (4th Cir. 2013)
What it means going forward
The plaintiffs may refile their complaint in a court with proper subject matter jurisdiction, as the dismissal is now without prejudice.
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