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.

Committee Notes

1977 Amendment. Subdivision (a) retains the substance of
former rule 3.13(a). On the filing of a stipulation of dismissal, the
clerk of the court will dismiss the case as to the parties signing the
stipulation.

Subdivision (b) is intended to allow an appellant to dismiss the
appeal but a timely perfected cross-appeal would continue. A
voluntary dismissal would not be effective until after the time for
joinder in appeal or cross-appeal. This limitation was created so
that an opposing party desiring to have adverse rulings reviewed by
a cross-appeal cannot be trapped by a voluntary dismissal by the
appellant after the appeal time has run, but before an appellee has
filed the notice of joinder or cross-appeal.

Subdivision (c) retains the substance of former rule 3.13(c).

2014 Amendment. The addition of subdivision (d) clarifies
that the filing of a stipulation or notice of dismissal does not itself
dismiss the cause, while now providing for an automatic stay once a
stipulation or notice is filed. The amendment is intended to limit
any further litigation regarding matters that are settled or may be
voluntarily dismissed, until the court determines whether to
recognize the dismissal.