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Abandonment of Prior Action

Under certain circumstances, a prior action may be deemed to have been abandoned, which prevents abatement of the second action.  In some jurisdictions a suit may be terminated by lack of diligence in bringing it to trial; where it is off docket for a stated period of time it is deemed abandoned and automatically dismissed and will not abate a second suit based on the same cause of action.  If a suit is merely filed and no further activity in the matter occurs for a period of time, or where there appears to be no bona fide intention to obtain service and prosecute the suit, the suit is not deemed to be commenced.

Inside Abandonment of Prior Action