The State appeals an order dismissing an involuntary civil commitment petition against Darren Goode as a sexually violent predator. Because the trial court erred by *751 applying the doctrine of res judicata to the State’s petition, we reverse and remand.
I. Background
In 1999, the State filed its original petition for civil commitment. However, that petition was dismissed due to the State’s failure to bring Goode to trial within thirty days as required by section 394.916(1), Florida Statutes (1999).
1
The State appealed, and on a certified question from this court, the Florida Supreme Court affirmed the dismissal of the original petition on the ground that the thirty-day period was mandatory in nature, though not jurisdictional.
See State v. Goode,
During the pendency of the State’s appeal, Goode was released from detention. He was subsequently arrested for two counts of failure to register as a sex offender. In September 2002, he was found in violation of his probation and sentenced to 44.25 months in prison; his scheduled release date was June 18, 2005. However, on June 2, 2005, the State filed the petition for civil commitment at issue in this case. Thereafter, Goode filed his motion to dismiss wherein he argued that the dismissal of the original petition operated as an adjudication on the merits pursuant to Florida Rule of Civil Procedure 1.420 and that res judicata precluded the State from filing the second petition. After a hearing, the trial court entered its order granting Goode’s motion to dismiss on the grounds stated therein and requiring his immediate release.
On appeal, the State contends that the dismissal of the original petition was not a determination on the merits because it rested on the State’s failure to comply with a procedural rule — that is, to bring Goode to trial within thirty days. The State also contends that in
Osborne v. State,
II. The dismissal of the original petition was not an adjudication on the merits, and therefore res judicata does not preclude the State from filing another petition for civil commitment against Goode as a sexually violent predator.
Initially, we note that Goode contends that the State failed to preserve its challenge to the application of res judicata below. However, we reject that contention because a careful reading of the record reflects that the issue was properly preserved. We similarly reject Goode’s contention that the State is attempting to take an inconsistent position on appeal.
Turning to the merits, we note that the question of whether res judicata was properly applied is a pure question of law which we review de novo.
See Engle v. Liggett Group, Inc.,
In the supreme court’s
Goode
opinion, the court was asked to determine whether a dismissal of a civil commitment petition was required where the State failed to bring a detainee to trial within the thirty-day time period set forth in section 394.916(1). In affirming the dismissal of
*752
the original petition filed against Goode, the court held that the thirty-day time period was mandatory.
Subsequently, in
Osborne,
the court clarified its holding as espoused in
Goode.
In
Osborne,
the court addressed the question of whether a dismissal for failure to abide by the thirty-day requirement should be with or without prejudice.
In determining that a dismissal with prejudice would be incongruous with the court’s prior interpretation of the thirty-day rule, the court noted that “[a] dismissal of a petition with prejudice would terminate the case on procedural grounds, essentially divesting the circuit court of jurisdiction.” Id. at 508 (emphasis added). The court explained that such an outcome was contrary to its prior determination that the thirty-day period was not jurisdictional. Id. Thus the court went on to hold that “absent a demonstration of prejudice, the dismissal should be without prejudice and the respondent should be released.” Id.
The
Osborne
requirement that a dismissal for failure to abide by the thirty-day rule be without prejudice indicates that such a dismissal does not operate as an adjudication on the merits. That interpretation is consistent with the opinion in Goode’s prior case where the supreme court indicated that the thirty-day time period was not intended as a “rigid jurisdictional bar to further proceedings.”
Goode,
Because the trial court erroneously applied rule 1.420(b) and the doctrine of res judicata to bar the State’s petition for civil commitment, we reverse and remand for proceedings in conformance with this opinion.
Reversed and remanded.
Notes
. Section 394.916(1) provides that "[w]ithin 30 days after the determination of probable cause, the court shall conduct a trial to determine whether the person is a sexually violent predator.” The statute allows for the trial to be continued upon a request of either party and a showing of good cause, see § 394.916(2), but no such showing was made in Goode's case.
. See Black’s Law Dictionary 1450 (8th ed. 2004) (defining a statute of limitations as "[a] law that bars claims after a specified period”).