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December 2010 CIVIL PROCEDURE Ch 1, p.57
Rule 1.946 Effect of dismissal. All dismissals not governed by rule 1.943 or not for want of
jurisdiction or improper venue, shall operate as adjudications on the merits unless they specify
otherwise.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.947 Costs of previously dismissed action. Where a plaintiff sues on a claim that was
previously dismissed against the same defendant in any court of any state or the United States, the
court may stay such suit until the costs of the prior action are paid.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rules 1.948 to 1.950 Reserved.
B. JUDGMENTS GENERALLY
Rule 1.951 Judgment defined. Every final adjudication of any of the rights of the parties in an
action is a judgment.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.952 Partial judgment. A party who succeeds in part only may have judgment expressly for
the successful part and against that party as to the rest.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.953 As to some parties only. Where the action involves two or more parties, the court may,
in its discretion, and though it has jurisdiction of them all, render judgment for or against some of
them only, whenever the prevailing party would have been entitled thereto had the action involved
the prevailing party alone, or whenever a several judgment is proper; leaving the action to proceed as
to the other parties.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.954 Judgment on the pleadings. After the pleadings a party may move for judgment on the
pleadings.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002;
August 10, 2009, effective October 9, 2009]
Rule 1.955 On verdict. The clerk must forthwith enter judgment upon a verdict when filed, unless
it is special, or the court has ordered the case reserved for future argument or consideration.
[Report 1943; November 9, 2001, effective February 15, 2002]
Rule 1.956 Principal and surety; order of liability. A judgment against principal and surety shall
recite the order of their liability upon it. A “surety” includes all persons whose liability on the claim
is secondary to that of another.
[Report 1943; October 31, 1997, effective January 24, 1998; November 9, 2001, effective February 15, 2002]
Rule 1.957 On claim and counterclaim. A claim and counterclaim shall not be set off against each
other, except by agreement of both parties or unless required by statute. The court, on motion, may
order that both parties make payment into court for distribution, if it finds that the obligation of either
party is likely to be uncollectible. If there are multiple parties and separate set-off issues, each set-off
issue should be determined independently of the others. The court shall distribute the funds received
and declare obligations discharged as if the payment into court by either party had been a payment
to the other party and any distribution of those funds back to the party making payment had been a
payment to that party by the other party.
[Report 1943; amendment 1984; October 31, 1997, effective January 24, 1998; November 9, 2001, effective
February 15, 2002]
Rule 1.958 Reserved.
Rule 1.959 Entry. All judgments and orders must be entered on the record of the court and clearly
specify the relief granted or the order made.
[Report 1943; November 9, 2001, effective February 15, 2002]