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Thus, just as a summary judgment is not a dismissal meaning a summary judgment should not be sought through a motion to dismiss a dismissal is not a summary judgment, and should not be sought thereby.
Dismissal. n. 1) the act of voluntarily terminating a criminal prosecution or a lawsuit or one of its causes of action by one of the parties. 2) a judge's ruling that a lawsuit or criminal charge is terminated. 3) an appeals court's act of dismissing an appeal, letting the lower court decision stand.
(b) An action may be dismissed in any of the following instances: (1) With or without prejudice, upon written request of the plaintiff to the clerk, filed with papers in the case, or by oral or written request to the court at any time before the actual commencement of trial, upon payment of the costs, if any.
An order to dismiss a case can occur when the appellate court, having reversed the conviction on the grounds of a bad search or arrest, examines what's left of the case and determines that there is not enough evidence to warrant another trial.
It is otherwise, if the motion is granted. A final judgment for the moving party follows. Denial of the motion is not a final judgment; it is not a final decision on the merits." The motion to dismiss the appeal is granted and the appeal is dismissed.
1. judgment of dismissal - a judgment disposing of the matter without a trial.
Dismissal means a court action that closes a case without a person obtaining a divorce.In a civil suit, if a case is dismissed it means the plaintiff didn't get the damages that they sought. In divorce cases, when a divorce case is dismissed it means that you stay married to your current spouse.
Definitions of judgment of dismissal. noun. a judgment disposing of the matter without a trial.
When a small claims case is dismissed, the court terminates the case without a trial and prior to the case's completion. A dismissal, in effect, denies the plaintiff's claim to the money requested in the Small Claims Complaint (or a counterclaim), even though the merits of the case have never been heard by the court.