C.L. Johnson & J. Johnson, h/w v. Pocono Twp. ZHB & Pocono Twp.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• recognizing Rule 41(a) to “preserve the plaintiff’s right to take a voluntary nonsuit and start over so long as the defendant is not hurt”
• rejecting the notion that \there is any magic form of words that the judge must intone in order to make the retention of jurisdiction effective.\
• stating that the terms and conditions “are the quid for the quo of allowing the plaintiff to dismiss his suit without being prevented by the doctrine of res judicata from bringing the same suit again”
• applying this same distinction, stating “[a]ny time a district judge enters a judgment, even one dismissing a case by stipulation of the parties, he retains, by virtue of Rule 60(b
• declaring the court’s dismissal without prejudice to be the effective dismissal in that case because, “[wjhen the parties filed their stipulation, the judge had already ordered the case dismissed-without prejudice”
• “The requirement that the stipulation be filed in court is not merely a technicality_”

Source: CourtListener parenthetical corpus (CC0).