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motion to dismiss without prejudice
More than 10.000 documents for motion to dismiss without prejudice
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CIVIL PROCEDURE – motion to dismiss; Civ.R. 12(B)(6); Civ.R. 41(B)(1); foreclosure action; res judicata; collateral estoppel; res judicata cannot be raised in a motion to dismiss; without prejudice; Civ.R.(5); service; summary judgment; affidavit; clerical error; motion for reconsideration; nullity.
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RE-INDICTMENT; DISMISSAL WITHOUT PREJUDICE; MOTION TO DISMISS; RES JUDICATA; CRIM.R. 48(B).
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Where the petitioner claimed the Town of Penfield Planning Board did not have the authority to issue a conditional use permit, New York State Supreme Court, Monroe County determined the board did have such authority, and adequate standards were provided to guide and limit the board's discretion in issuing the permit. Reviewing the facts in Stephen Kraemer, et al. v. The Town of Penfield Planning Board, the YMCA of Greater Rochester, and the Town of Penfield, Judge Harold J. Galloway granted the respondents' motion to dismiss the petition for failure to state a cause of action, noting the dismissal was without prejudice to the commencement of a new proceeding following a final determination of YMCA's application.
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Motion for judgment on the pleadings; motion to dismiss; dismissal without prejudice; final appealable order; failure otherwise than upon the merits. Is a dismissal of a complaint without prejudice a final appeable order?
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Workers' compensation - When employee has appealed Industrial Commission decision to common pleas court under R.C. 4123.512, court may subsequently grant a motion to voluntarily dismiss employee's complaint without prejudice under Civ.R. 41(A)(2).
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... Thatcher sought permission to voluntarily dismiss his case without prejudice so that he could refil... court granted Thatcher's voluntary motion to dismiss without prejudice. . Defendants n...
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On appeal, Capital One asserts that the trial court erred when it determined that the evidentiary hearing constituted commencement of trial; that the trial court abused its discretion in denying Capital One an opportunity to file notice of voluntary dismissal without prejudice pursuant to Civ.R. 41(A)(1); and, that the trial court abused its discretion in denying Capital One’s oral motion to voluntarily dismiss without prejudice pursuant to Civ.R. 41(A)(2). Finding that the evidentiary hearing did not constitute the commencement of trial for purposes of Civ.R. 41(A)(1); that Capital One could not make an oral motion to dismiss under Civ.R. 41(A)(1); and, that the trial court abused its discretion in denying Capital One’s oral motion to dismiss under Civ.R. 41(A)(2), the judgment of the...
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A federal trademark lawsuit between American Equity Mortgage and Vinson Mortgage may be at an end. On Monday, American Mortgage Equity filed a motion in the St. Louis-based federal court to dismiss without prejudice its lawsuit against Vinson Mortgage. A dismissal without prejudice would preserve American Equity Mortgage's right to re-file its claims against Vinson Mortgage.
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Failure to submit filing fee or valid poverty statement. Motion to dismiss granted. Case dismissed without prejudice.
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... District Court that he would file a motion to dismiss on Presidential immunity grounds, and r..., petitioner filed a motion to dismiss without prejudice and to toll any applicable statutes of l...
