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(i) a notice of dismissal before the opposing party serves either an answer or a motion for summary judgment; or. The defendant can file a Motion to Dismiss and ask the court to throw out the entire case.Notice about these instructions and forms. These instructions are not a complete statement of the law. Party may not make a notice of dismissal after completing its summary judgment argument before the court rules on the summary judgment motion. Party may not make a notice of dismissal after completing its summary judgment argument before the court rules on the summary judgment motion. The following defendant(s):. Dismissal with prejudice is a final judgment. NOTICE OF DISMISSAL. (Md. Commission has not served an answer or motion for summary judgment in this action.