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The movant made a specific choice to voluntarily request dismissal of his case with prejudice without fully understanding the consequences of his decision on his state court action. Where a party makes a considered choice he cannot be relieved of such a choice under Federal Rule of Civil Procedure 60(b) because hindsight seems to indicate to him that his decision was probably wrong.
May 30, 2005 at 12:00 AM
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The original version of this story was published on Texas Lawyer
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