RULE 9.350.   DISMISSAL OF CAUSES

(a)    Dismissal of Causes When Settled. When any cause pending in the court is settled before a decision on the merits, the parties shall immediately notify the court by filing a signed stipulation for dismissal.

(b)    Voluntary Dismissal. A proceeding of an appellant or a petitioner may be dismissed before a decision on the merits by filing a notice of dismissal with the clerk of the court without affecting the proceedings filed by joinder or cross-appeal.

(c)    Order of Dismissal. When a party files a stipulation for dismissal or notice of dismissal under subdivision (a) or (b) of this rule, the cause may be dismissed only by court order. The court shall not enter an order of dismissal of an appeal until 15 days after service of the notice of appeal or until 15 days after the time prescribed by rule 9.110(b), whichever is later. In a proceeding commenced under rule 9.120, the court shall not enter an order of dismissal until 15 days after the serving of the notice to invoke discretionary jurisdiction or until 15 days after the time prescribed by rule 9.120(b), whichever is later.

(d)    Clerk’s Duty. When a proceeding is dismissed under this rule, the clerk of the court shall notify the clerk of the lower tribunal.

(e)    Automatic Stay. The filing of a stipulation for dismissal or notice of dismissal automatically stays that portion of the proceedings for which a dismissal is being sought, pending further order of the court.


Last Modified on Rules.Legal: