You are here:Home/Florida/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 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.
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.