If all parties agree to dismiss the case, you should file an Agreed Motion to Dismiss Without Prejudice instead of a Notice of Nonsuit. 1. Both parties would like the Court to dismiss this case without prejudice.Respectfully submitted,. Motion or the motion of a party, may dismiss the cause without prejudice to the refiling of same. If you both agree to dismiss the case, you should file an Agreed. Without Prejudice instead of a Notice of Nonsuit. The plaintiff may dismiss a case, or take a non-suit, which shall be entered in the minutes. (m) "Dismissed without prejudice" means a case has been dismissed but has not been finally decided and may be refiled. Prescribed time, the presiding judge will dismiss the action, without prejudice, as to that defendant. A party may not file a motion for rehearing or en banc reconsideration in the court of appeals after that party has filed a petition for review in the Supreme.