{"id":9299,"date":"2017-11-24T03:22:13","date_gmt":"2017-11-24T03:22:13","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=9299"},"modified":"2017-12-09T00:36:52","modified_gmt":"2017-12-09T00:36:52","slug":"order-to-dismiss","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=9299","title":{"rendered":"Dismissal – a court order for a case, motion, or prosecution to be terminated"},"content":{"rendered":"

dismiss<\/span>:<\/span><\/strong><\/p>\n

1. To order a case, motion, or prosecution to be terminated.\u00a0 A party requests such an order by means of a motion to dismiss.<\/span><\/strong><\/p>\n

dismissal<\/span>:
\n<\/strong><\/span>n<\/em>. (1885)<\/span><\/p>\n

1. An order for the termination of a civil action without a trial of its issues, or without further trial.\u00a0 Whether a dismissal is a final judgment against the plaintiff depends upon whether it is a dismissal with prejudice or a dismissal without prejudice.\u00a0<\/strong> See also discontinuance<\/em>; involuntary dismissal<\/em>; nonsuit<\/em>; voluntary dismissal<\/em>. <\/span><\/p>\n

2. The termination of a criminal case at the request of the prosecutor, the result of which is to free the defendant.<\/strong>\u00a0<\/strong> See nolle prosequi.<\/em><\/span><\/span><\/p>\n

3. The discharge of an employee from his employment.\u00a0<\/strong>[1]<\/span><\/span><\/p>\n

1. Termination of an action or claim without further hearing, especially before the trial of the issues involved; especially, a judge\u2019s decision to stop a court case.<\/strong> [2]<\/span><\/p>\n

dismissal with prejudice<\/span>:<\/strong><\/span><\/span><\/p>\n

1. An order of dismissal which does not declare that the dismissal is \u201cwithout prejudice\u201d; a final judgment on the merits of the case.<\/strong>\u00a0 Compare dismissal without prejudice<\/em>. See res judicata<\/em>.<\/span><\/span><\/p>\n

\n

dismissal without prejudice<\/span>:<\/span><\/strong><\/p>\n

1. An order of dismissal which states that it is \u201cwithout prejudice\u201d means that the dismissal will not bar any new suit that the plaintiff might later bring on the same cause of action.\u00a0<\/strong> Compare dismissal with prejudice<\/em>. [1]<\/span><\/p>\n

 <\/p>\n

> constructive dismissal. (1908) See constructive discharge under DISCHARGE (7).<\/span><\/p>\n

dismissal agreed. A court\u2019s dismissal of a lawsuit with the acquiescence of all parties. 0 Among other possibilities, the parties may have settled out of court or chosen<\/span><\/p>\n

to have their dispute arbitrated or mediated. -Also termed agreed dismissal.<\/span><\/p>\n

> dismissal for failure to prosecute. See dismissal for want of prosecution.<\/span><\/p>\n

\n

p dismissal for lack of prosecution. See dismissal for want of prosecution.<\/span><\/p>\n

> dismissal for want of equity. (1859) A court\u2019s dismissal of a lawsuit on substantive, rather than procedural, grounds, usu. because the plaintiff\u2019s allegations are<\/span><\/p>\n

found to be untrue or because the plaintiff\u2019 s pleading does not state an adequate claim.<\/span><\/p>\n

I\u00bb dismissal for want of prosecution. (1831) A court\u2019s dismissal of a lawsuit because the plaintiff has failed to pursue the case diligently toward completion. -Abbr.<\/span><\/p>\n

DWOP. -Also termed dismissal for failure to prosecute; dismissal for lack of prosecution.<\/span><\/p>\n

> dismissal without prejudice. (183.1) A dismissal that does not bar the plaintiff from reiiling the lawsuit within<\/span><\/p>\n

the applicable limitations period. See WITHyOUT PREIUDICE.<\/span><\/p>\n

> dismissal with prejudice. (1898) A dismissal, usu. after an adjudication on the merits, barring the plaintiff from prosecuting any later lawsuit on the same claim. 0 If, after a dismissal with prejudice, the plaintiff files a later suit on the same claim, the defendant in the later suit<\/span><\/p>\n

can assert the defense of res judicata (claim preclusion). See RES IUDICATA; WITH PREIUDICE.<\/span><\/p>\n

r involuntary dismissal. (1911) A court\u2019s dismissal of a lawsuit because the plaintiff failed to prosecute or failed<\/span><\/p>\n

to comply with a procedural rule or court order. Fed. R. Civ. P. 41(b).<\/span><\/p>\n

r voluntary dismissal. (1834) A plaintiff\u2019s dismissal of a lawsuit at the plaintiff\u2019s own request or by stipulation of all the parties. Fed. R. Civ. P. 41(3).<\/span><\/p>\n

. n<\/span><\/p>\n

2. A release or discharge from employment. See DIS\u201c CHARGE (7).<\/span><\/p>\n

> dismissal for cause. (1877) A dismissal of a. contract employee for a reason that the law or public policy<\/span><\/p>\n

has recognized as suflicient to warrant the employee\u2019s removal.<\/span><\/p>\n

3. Military law. A court-martial punishment for an officer, commissioned warrant officer, cadet, or midshipman, consisting of separation from the armed services with dishonor. 0 A dismissal can be given only by a general court-martial and is considered the equivalent of a dis~ honorable discharge. –dismiss, vb.<\/span><\/p>\n

dismissal compensation. See SEVERANCE PAY. dismissal order. See ORDER (2).<\/span><\/p>\n

dismissed for want of equity. (18c) (Of a case) removed from the court\u2019s docket for substantive reasons, usu.<\/span><\/p>\n

because the plaintiff\u2019 s allegations are found to be untrue or because the plaintiff\u2019s pleading does not state an<\/span><\/p>\n

adequate claim. See dismissal for want of equity under DISMISSAL (1).<\/span><\/p>\n

dismissed for want of prosecution. (18c) (Of a case) removed from the court\u2019s docket because the plaintiff has<\/span><\/p>\n<\/div>\n

failed to pursue the case diligently toward completion. See dismissal for want of prosecution under DISMISSAL (1).<\/span><\/p>\n

dismissed without prejudice. (18c) (Of a case) removed from the court\u2019s docket in such a way that the plaintiff may refile the same suit on the same claim. See dismissal without prejudice under DISMISSAL (1); WITHOUT PREIU’ DICE.<\/span><\/p>\n

dismissed with prejudice. (18c) (Of a case) removed from the court\u2019s docket in such a way that the plaintiff is foreclosed from hling a suit again on the same claim or claims. See dismissal with prejudice under DISMISSAL (1); WITH PREIUDICE.\u00a0\u00a0<\/span><\/p>\n<\/div>\n

 <\/p>\n

\n

dismission. (16c) Archaic. 1. An act of dismissing <dismisSion of the jury>. 2. A removal, esp. from oflice or position <dismission of the employee>. 3. A decision that a suit cannot be maintained <dismission of the case>, [2]<\/span><\/p>\n

dismiss. To discontinue; to order a cause, motion, or prosecution to be discontinued, quashed, or dis~ missed as finally adjudicated against the plaintiff. The term was not originally applied to commonv law proceedings, but seems to have been borrowed by the law courts from proceedings in the court of Chancery, where in practice it is agplied to the removal of a cause out of court, wit out any further hearing. It is applied to the removal or disposal of the cause itself, and not to the mere annulment of<\/span><\/p>\n

the writ. Bosley v Bruner, 24 Miss 457, 462. See dismissal.<\/span><\/p>\n

dismissal. An order for the termination of a case without a trial of any of its issues; a voluntary discontinuance by the plaintilf. 24 Am 12d Dism \u00a7 1. A judgment dismissing a cause as finally adjudicated against the plaintiff. The termination of a criminal case by the prosecuting attorney, the result of which is to free the defendant. Brackenridge v State of Texas, 27 Tex Crim 513, 11 SW 630. The discharge of an employee; a termination of employment in public or private capacity at the instance of the employer. The Fort Gaines (DC Md) 18 F2d 413. See discontinuance; nolle prosequi; voluntary dis\u2018 missal; want of prosecution.<\/span><\/p>\n

dismissal compensation. A payment made by an employer to an employee, in addition to wages or sa1~ ary then owing by the employer to such employer, Upon the termination of the employment, particu~ larly where the employment is under a contract which entitles the employer to terminate the employment and discharge the employee at will. Anno: 147 ALR 151; 40 ALRZd 1044. Sometimes called separation wage; sometimes severance pay.<\/span><\/p>\n

dismissal of action. See dismissal.<\/span><\/p>\n

dismissal of appeal. The refusal by the appellate court to examine the merits of the cause-~that is,<\/span><\/p>\n

a dismissal on a ground not involving the merits of the cause. 5 Am J2d A & E \u00a7 905.<\/span><\/p>\n

dismissal without prejudice. A voluntary dismissal of an action or proceeding without an adjudication of the cause that would prevent the bringing of a new action upon the same cause. 24 Am 12d Dism \u00a7\u00a7 6 et seq. An order of dismissal of an action reciting that it is without prejudice, the effect of which is to prevent the dismissal from operating as a bar to any new suit which the plaintiff might<\/span><\/p>\n

thereafter desire to bring on the same cause of ac<\/span><\/p>\n

tion. W. T. Raleigh Co. v Barnes, 143 Miss 597, 600, 109 So 8.<\/span><\/p>\n

See two-dismissal rule.<\/span><\/p>\n

dismissal with prejudice. An order of dismissal granted on motion of the defendant made without reservation as to prejudice. 24 Am J2d Dism \u00a7\u00a7 53 et seq. An adjudication on the merits of the case, a final disposition of the controversy which bars the right to bring or maintain an action on the same claim or cause of action. Roden v Roden, 29 Ariz 549, 243 P 413; Pulley v Chicago, R. l. & P. Ry. Co. 122 Kan 269, 251 P 1100.<\/span><\/p>\n

dismissed. As the word is used in an appeal bond,<\/span><\/p>\n

the removal or disposal of the cause itself. 5 Am 12d A & E \u00a7 1031.<\/span><\/p>\n

Where the entry \u201cdismissed\u201d is made as a minute order on motion of a plaintiff who wishes to abandon his action, such an entry is undistinguishable from an entry \u201cdismissed\u201d made by the court\u2019s<\/span><\/p>\n

order after a full examination of the evidence, and is a dec1510n on the merits, while the other IS a mere<\/span><\/p>\n

non pros. To avoid the bar presumptively arising from such a decree the entry of the motion to dismiss should be made on the record, or the entry should be made \u201cwithout prejudice.\u201d Brown v Brown, 37 NH 536.<\/span><\/p>\n

See dismissed.<\/span><\/p>\n

dismissed agreed. An order \u201cdismissed agreed\u201d not only puts an end to the pending suit but is a bar to any subsequent suit on the same cause of action by the same parties. Virginia Concrete Co. v Board of Supervisors, 197 Va 82], 91 SEZd 415, 56 ALR 1283, except as the plaintiff obtain relief against such order on the theory that the dismissal is entirely the act of the parties and does not involve the exercise of judgment by the court. McDonnell v<\/span><\/p>\n

Wasenmiller (CA8 Neb) 74 F2d 320. [3]<\/span><\/p>\n

References:<\/span><\/strong><\/span><\/p>\n

Disclaimer:<\/span><\/span><\/strong>All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use<\/a>.<\/span><\/strong><\/p>\n

[1<\/span><\/strong>]:\u00a0Ballantine’s Law Dictionary <\/a>Legal Assistant Edition<\/a>\u00a0<\/em>by Jack Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Doctored<\/a>\u00a0<\/em>by\u00a0Jack G. Handler,\u00a0J.D.<\/a>\u00a0\u00a9 1994 Delmar by Thomson Learning.\u00a0 ISBN 0-8273-4874-6.<\/span><\/strong><\/p>\n

[3]:\u00a0Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black & Editor in Chief Bryan A. Garner<\/a>. ISBN: 978-0-314-62130-6<\/span><\/strong><\/p>\n

[3]:\u00a0Ballantine\u2019s Law Dictionary\u00a0with Pronunciations
\n<\/em>Third Edition<\/a>\u00a0by James A. Ballantine\u00a0(James Arthur 1871-1949).\u00a0\u00a0<\/em>Edited by William S. Anderson.\u00a0\u00a0\u00a9 1969 by THE LAWYER\u2019S CO-OPERATIVE PUBLISHING COMPANY.\u00a0 Library of Congress Catalog Card No. 68-30931<\/span><\/span><\/strong><\/p>\n

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