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It is true that both summary judgments and dismissals result in the termination, or disposition, of the underlying action;3 but that is essentially where the similarities end. Because a summary judgment does not result in a dismissal, this practice of referring to a summary judgment as a dismissal should stop.
A stipulation of dismissal is a written agreement by all parties to a lawsuit requesting the court dismiss the case. In other words, all parties agree to dismiss the case.
This section applies to a dismissal of any counterclaim, crossclaim or third-party claim. A claimants voluntary dismissal under subsection (a)(1)(A)(i) must be made: (1) Before a responsive pleading is served; or (2) if there is no responsive pleading, before evidence is introduced at a hearing or trial.
While the terminology overlaps, its important to distinguish the two very different outcomes, one of which is a judgment on the merits and the other is . . .not. Instead, the other (confusingly termed a dismissal) brings a case to an end without a judgment being entered.
When a stipulated judgment occurs, both parties will have agreed to a judgment. The stipulated judgment requires both parties to sign it. With that signature, you give up your right to a trial. Your signature also means that you agree to be bound by the terms of the stipulated judgment.
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The parties stipulation to dismiss the remaining claims without prejudice is not a final order that may be appealed as of right; it does not resolve the merits of the remaining claims and, as such, those claims are not barred from being resurrected on that docket at some future date. Wickings v Arctic Enterprises,
States a courts decision about your request to reduce or dismiss a criminal conviction.

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