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Terrence Howard's ex wife Michelle Ghent moves to dismiss assault lawsuit stemming from 2013 incident

Published: 21:24 EST, 12 January 2017 | Updated: 23:22 EST, 12 January 2017

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Terrence Howard's ex-wife has filed legal documents seeking to drop her assault lawsuit against the actor.

Michelle Ghent sought to dismiss the lawsuit without prejudice giving her the option to refile it in the future, according to an article on Thursday by TMZ.

The lawsuit filed in July 2015 alleged that Howard, 47, assaulted Ghent during a 2013 vacation in Costa Rica.

Legal maneuver: Terrence Howard, shown last September in Los Angeles, was named as a defendant in an assault lawsuit that his ex-wife has moved to dismiss

Ghent alleged in the lawsuit that Howard grabbed her by the neck during an argument, pushed her against a bathroom wall and threatened to kill her.

Howard has claimed it was mutual combat and he was pepper sprayed during the fight.

A source told TMZ that no settlement was reached and Howard was not paying Ghent to end the lawsuit.

Lawyers' fees were mounting on both sides and the source said Ghent decided to leave the legal fight, according to TMZ.

Happier times: Michelle Ghent and Howard are shown in January 2011 in Park City, Utah

An attorney for Ghent however said she was moving to dismiss the case because she didn't want Howard's children who were on the vacation to testify as witnesses and it wasn't about the money.

Howard and Ghent divorced in 2012.

The actor and his wife Miranda Pak in August welcomed their second son together Hero.