The “suing” part of a law suit comes before the part where dismissal can happen.

For latest example of a stupid lawsuit where this has happened, see Justin Baldoni v. Blake Lively. Baldoni sued Lively and others. After a lot of legal maneuvering, a judge dismissed the case.

But even if it was dismissed, it’s still a fact that Baldoni did sue Lively. You can sue anyone for anything. Doesn’t mean you will get any relief, but you can do it anyway, and in our age of dumb performative lawsuits, many do.