Rule 9.350 — Dismissal of Causes

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(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 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; provided that dismissal shall not be effective until 10 days after filing the notice of appeal or until 10 days after the time prescribed by rule 9.110(b), whichever is later.

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

(d) 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.

Ending an Appeal Early: This rule explains how an appeal can be dismissed before the appellate court makes a final decision on the merits.

(a) Dismissal by Settlement: If the parties settle the case while the appeal is pending, they must immediately file a "stipulation for dismissal" signed by everyone involved. This tells the court the case is over and it can be closed.

(b) Voluntary Dismissal: The appellant (the party who started the appeal) can choose to drop their appeal at any time by filing a "notice of dismissal." This is a one-sided action and doesn't require the other party's agreement. Importantly, dismissing the main appeal does not automatically dismiss any cross-appeal filed by the other party; the cross-appeal can continue on its own.

(d) Automatic Pause: As soon as a notice or stipulation of dismissal is filed, the appeal is automatically paused (stayed) until the court formally closes the case.

Rule 9.350 — Dismissal of Causes

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